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11/09/1987 - 00011003����� ' THE MINUTES OF THE REGIILAR MEETII�'i OF THE FRIDLEY CITY COUNCIL OF NOI(EMBER 9. 1987 The Regular Meeting of the Fridley City Council was called to order at 7:30 p.m. by Mayor Nee. PLEDGE OF ALLEGIANCE: Mayor Nee led the Council and audience in the Pledge oF Allegianee to the Flag. ROLL CALL: t•Et�ERS PRESENT: Mayor Nee, Councilman Goodspeed, Councilman Fitzpatriek, Councilman Schneider and Councilwoman Jorgenson MEI�ffiEAS ABSENT: None PRESENTATION: Mr, Hunt, Assistant to the City Manager, introduced Mr. Joh an Coester, an exchange student fr� South Africa, who made a presentation to Mayor Nee. Mr. Coester presented Ffayor Nee with a letter from the Mayor of his hometown 1 of Sasolburg in South Africa for good faith and friendship in the future. Mayor Nee stated the letter introduced Joh an and extended their hand of friendship and kind regards to this country and Fridley. He th anked Joh an for making this presentation to the Council. APPRW AL OF MINUTES: COUNCIL MEETING, OCTOBER 19, 1987: MOTION by Councilman Schneider to approve the minutes with the eorrection of the seeonder for the approval of the October 5, 1987 minutes to be Councilman Fitzpatrick. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. ADOPTION OF AGENDA: MOTION by Co�cilman Schneider to adopt the agenda as presented. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee deelared the motion carried unanimously. OPEN FORUM, VISITORS: There was no response from the audience under this item of business. 1. PUBLIC HEARING ON AN ORDINANCE TO CHANGE THE ZONING CODE UNDER CHAPTER 205 ' OF TE� FRIDLEY CITY CODE, TO ALLQv7 LIMITED AMDUNTS AND TYPES OF COMMERCIAL USES IN M-1 iLIGHT INDUSTRIAL) AND M-2 (HEAVY INDUSTRIAL) DISTRICTS: -�- __i� ��'"" �'" `� FRIDLEY CITY COUNCIL MEETING OF NUTEl�ER 9, �987 ' MOTION by Councilman Goodspeed to waive the reading of the public hearing notiae and open the public hearing. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the public hearing opened at 7:38 p.m. Mr. Robertson, Community Development Director, stated the Planning Commission has been studying this proposed ordinance for approximatly five months. He stated the purpose of the ordinance is to create a more compet3tive atmosphere for attracting a variety of tenants in an industrial zone. Mr. Robertson stated there was extensive input and suggestions at the public hearing before the Planning Commission and those suggestions were reviewed and many incorporated in the draft ordinance before the Couneil this evening. L J ' Mr. Robertson stated the ordinance defines commercial reereation and classifies restaurants as Qass I, II, III, or drive-in type. Ee stated it ia proposed a Class I restaurant be allowed as a principal use and a Class II restaurant be allowed with a special use permit in a C-1 zone. He stated in a C-2 zone, it is proposed that all types of restaurants, not ineluding drive-ina, be allowed as principal uses. Mr. Robertson stated the main modification in the ordinance is in the M-1 and I�2 zones. He stated the ordinanee outlines what uses are permitted with a special use permit such as offices, commercial retail, service uses and types of restaurants. He stated maximum gross floor area and parking requirements for these esta6lishments is defined in the ordinanee. Councilwoman Jorgenson asked if drxve-ins were allowed under the C-2 zone. Mr. Robertson stated a special use permit would be needed for this type of restaurant. Councilman Schneider stated fast food establishments are classified as Q ass II restaurants so he felt they would be permitted. He stated it seems the key is the drive-in window. Mayor Nee stated he thinks of a drive-in as a restaurant like A& W where you stay in your car and the food is brought to your vehicle. He felt probably the term drive-in should be elarified. Counealman Schneider asked how the City could be sure a prospective commercial tenant is notified that this is a manufacturing district. Mr. Herriek, City Attorney, stated tenants should probably he notified when applying for their food license, Couneilman Schneider stated when someone applies for the special use permit to allow the commez�ical use in an industrial district, how do they know whether to apply for the permit, where the maacim� gross floor area cannot exceed 20 percent or the permit where the maximum gross floor area cannot exceed 30 percent. Mr. Robertson stated the owner makes a choice when applying for the special -2- l: V �� ��; � FRIDLEY CITY COIINCIL MEETING OF NOPE[•IDER 9, 1987 ' use permit if 20 or 30 percent of the gross floor area would be occupied by commerical uses. Councilman Schneider stated he really doesn't understand the distinetion between the 20 or 30 percent floor area coverage. Mr. Billings, (kiairmaa of the Planning Commission, stated the difference between the 20 percent coverage vs. 30 percent coverage, is that the 20 pereent is direeted towards services that are specifically oriented towards the industrial complex itself and may include uses such as a small delicatessen, barbershop or printing shop. He stated 3n the option for 30 pereent coverage, it covers a broader service area than just specifically servicing those located in the complex and could include a facility such as a drive-in bank. Councilman Schneider asked the purpose of the two categories. Mr. Billings stated if someone, for instanee, wished to have a Q ass II restaurant, the owner would have to apply for a special use permit for eaeh specific tenant. He stated he bel3eved this wording came from staff after they had reviewed several other ordinances from surrounding communities and some subjectiveness was used. Mr. Robertson stated if it is the owner's ob�ective to provide the smaller level of service to serve the immediate eicinity and if the use is kept to 20 percent of the total floor area, there wouldn't be much of an impact � outside that particular complex. He stated if it is a larger use, it may attract more traffic. Councilman Schneider wondered why both 20 and 30 percent requirements on the maximum amount of floor area to be covered was needed. Mr. Robertson stated the Planning Commission and staff's concern was the Couneil may want to review the larger commerical uses on a case-by-case basis. Mayor Nee asked why the Council would be involved in one special use permit and not the other. Mr. Robertson stated under the option for a maximum of 20 percent coverage, only one permit is required as long as the total commercial uses don't exceed this 20 percent of floor coverage. He stated under the option for 30 pereent maxim� floor coverage, eaeh use requires an individual special use permit process. Mr. Richard Harris, 620D Riverview Terrace, stated he was at the Pl anning Commission meeting when this ordinance was discussed. He stated the original proposal had some restrictions on size which is no longer contained in the ordinance. He asked if the ordinance covers all M-1 and M-2 properties in the City with no excluaions. Mr. Robert�on stated the ordinanee did cover all M-1 and M-2 zoning districts. ' Mr. Harris stated from his standpoint as a building owner, he felt the ordinanee was great. He stated as a resident, he has some problems with it. He stated the City keeps talking about issuing special use permits to -3- -- �' - i � n ���?� � � FRIDLEY CITY COlTNCIL I�ETING OF NWEMBER 9. 1987 , individuals, but he felt the permit goes with the property. He cited an example if someone, for instanee, had a ball batting operation and obtained a special use permit to operate this business and the operator ceases the operation, if a new proprietor would have to apply for another special use permit if he operates this same business. Mr. Herrick stated it would be his opinion, as he understanda the ordinance, if the use remained the same and at the same loeation, another special use germit would not he requ3red just because there was a change in the ownership or operator of the business. He stated if the use changed, then another special use permit would be needed because these permits are granted for a specific use. Mr. Harris stated he didn't believe the ordinanee covered this item as the permit would be to an individual and not the property. Mr. Herrick stated if the language is not worded in this fashion, it should be changed. Mr. Harris stated one other concern is the affeet this ordinance would have on commercial zoning. He stated this is kind of a rezonang without a zoning ch ange . Mr. Herrick stated in some respects, this goes baek to the way it was about 25 years ago. He stated if someone wishes to construct a commercial buildng � on industrial property, as long as it is recognized there may be an industrial use adjacent, it certainly isn't hurting the industrial property. He felt, however, this ordinance is not that extreme. Mr. Harris stated from a building owner's standpoint, it gives a lot more latitude and an edge in the area of attraeting business to Fridley. Ms. Linda Fisher, attorney representing River Road Investors, stated in May, 1987 she discussed with staff the possibility oF a particular tenant locating in the ftiver Road Investors complex. She stated this business was a delicatessen to primarily serve the emgloyees of the business park. She stated it was found this eouldn't be done under the existing ordinance and discussed with staff the possibility of an ordinance amendment. She stated this has resulted in the ordinance before the Council this eveeing. Ms. Fisher stated moat c3ties are moving forward with ordinanees th at all ow, in some manner, support services for industrial complexes. She stated she urged the Council's support of this ordinance and felt there were appropriate controls to regulate the commerical uses, Ms. Fisher stated she does have a concern, which was expressed hy the Couneil, regarding the definition of restaurants as it relates to fast food and drive-ins and this probably should be elarified. She stated she concurs with the comments in regard to the individual tenant question and felt this q uestion should be addressed in the ordinance. � No other persons in the audaence spoke regarding this proposed ordinance. MOTION by Councilman Schneider to close the public hearing. Seconded by -�- ���_f�,� FRIDLSY CITY COUNCIL MEETING OF NWEPffiER 9, 1987 ' Councilman Goodspeed. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the public hearing elosed at 8:2D p.m. OLD BUSINESS: 2. CONSIDERATION OF FIRST READING OF AN ORDINANCE RECODIFYING THE FRIDLEY CITY CODE CHAPTER 30 ENTITLED CHARITASLE GAMBLING BY AMENDING SECTION 30.03 ADDING NEVl SECTION 30.04 AND RENUMBERING CONSECUTN ELY (TABLED 10/19/87): Mr. Hill, Public Safety Director, stated the Couneil ta6led consideration of this ordinanee at their October 19 meeting for additional information. He stated the purpose of this amendment to the charitable gambling ordinance was to bring the City's ordinance into eompliance with State statutes. He stated the amendment would delete all of the current City Code 30.03> subdivison 1 and replace that language with the requirement that 10 percent of the organization's net profit derived from lawful gambling be contributed to organizations located within the City of Fridley for charitable purposes. Mr. Hill stated the Legislature now allows the City to impose a local gambling tax not to exceed 3 percent of gross receipts from gambling, less prizes aetually paid by the organization, and is included in this proposed ordinance amendment. Mr. Hill read the current State definitions on where profits from eharitable gambling could be expended. He stated the State defines profits as gross receipts collected from lawful gambling less prizes. He stated it appears � from the report, +ahich must be filed with the Charitable Gambling Board, net profit means receipts, minus prizes, taxes and expenses. Mr. Hill reviewed some dollar figures in comparing the existing ordinance with this proposed amendment. He stated the existing ordinance gives the City more "hands on" money to pass on to charitable organizations. He stated there is nothing in the State statute changes th at would make less money available to be distr3buted in the community, Uut the City has almost no authority on that oceuring. Mayor Nee asked if the City can control who obtains a license for charitable gambling. Mr. Hill stated a gambling license could be rejected and the Council has the right to make more stringent regulations on any State statute on eh aritable gambling including prohibiting this activity in the City. Mr. Herrick stated based on the research, it is either adopt this ordinance and see how charitahle gambling funetions in the City or repeal the charitable gambling ordinance. Mr. Hill stated the organization conducting charitable gambling must file a monthly financial report with the State and he has advised the Lion�s C1 ub, who is now involved in this activity, a copy of this report to the City ' would be acceptable. Councilman Goodspeed asked Mr. Qureshi if he felt the 3 pereent tax would -5- �:�,.°�,.,.' .'� ,?' u � 3. u. FRIDLEY CITY COU1dCIL MEETING OF NWENIDER 9. 198T cover the City's expenses. Mr. Qureshi, City Manager, stated it would depend on the amount of scrutiny the Council desires. Mr. Pribyl, Finance Director, stated if a copy of the monthly financial report that is sent to the State is received by the City, it would provide the requ3red financial criteria. He stated there may be some police work involved where there is this eharitable gambling activity. Mr. Hill stated only one organxzation is currently operating under the charitable gambling ordinance and possibly the 3 pereent tax doesn't cover the expenses. He stated if there were more such operations in the City, this would inerease revenues so City expenses would probably be covered. Ee stated he has recently received an inquiry from the Fridley Jaycee's about a pull-tab operation at Sandee's. Mr. Gargaro, member of the Lion's Club, stated their total annual pro�eetions for the pull-tab operation is approximately $25,500. He stated these funds are not leaving the City. He reviewed the amount of donations given for eharitable purposes in the City from their bingo operation. Mr. Gargaro stated he felt this was a good ordinanee and would like to see it continued as it creates more funds for them to distribute. He stated the Lion's Club has approaehed other businesses in the City for a second location and only three businesses indicated a possible interest in having the pull-tab operation in their establishment. He stated these establishments were Cattle Company, T. R. MeCoy's and the Rice Bowl. MOTION by Councilman Goodspeed to waive the first readsng and approve the ordinance upon first reading. Seconded by Councilman Fitz patrick. Upon a voice vote, all voting aye, Mayor Nee deelared the metion carried unanimously. CONSIDERATION OF APPOINTMENTS TO ENERGY AND ENVIRONMENTAL QUALITY COMMISSIONS: MOTION by Councilman Sehneider to table these appointments. Seconded by Councilman Goodspeed. Upon a voice vote, all voting aye, Mayor Nee deelared the motion carried unanimously. NEYI BUSINESS: RECENING NWEMBER 3. 1987 GENERAL ELECTION STATEMENT OF CANVASS: MOTION by Councilman Goodspeed to receive and approve the November 3, 1987 general election statement of canvass. Seconded by Couneilman Schneider. Upon a voice vote, all voting aye, Mayor Nee deelared the motion carried unanimously. 5. CONSIDERATION OF FIRST READING OF AN ORDINANCE APPROVING A VACATION. SAV � #87-09, TO VACATE THE 6 FOOT DRAINAGE EASEMENT ON THE NORTH SIDE OF LOT 3, BLOCK 2, HEAT[iER HILIS SECOND ADDITION, THE SAME BEING 6191 KERRY LANE N.E., SY GREGORY MORTENSON: -6 - C��'_��`y FRIDLEY CITY CQUNCIL MEETING OF NWEMBER 9, 1987 � MOTION by Councilman Sehneider to waive the first reading and approve the ordinance upon first reading. Seconded by Co�cilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. , Mr. Hill, Public Safety Director, stated the Legislature enacted Chapter 33�+ which went into effect on August 1, 1987. He stated this legislation is commonly referred to as the Police Practices Bill and under this new law, the City must now give explicit authorization for non-peace officers to issue citations for huilding, fire housing code, animal, noise control, zoning and other land use violations. He stated this ordinanee would bring the City in comgliance with the State statute. Mr. Hill noted that item 6, under Section 803•�2 of this ordinanee, should be changed from Building Inspections to Building Inspeetors and would be corrected at the time of second read3ng of the ordinance. MOTION by Councilman Schneider to waive the first reading and approve the ordinanee upon first reading. Seconded by Cauncilman Goodspeed. [Tpon a voice vote� all voting aye, Mayor Nee declared the motion carried unanimously. , 7. REVIEW OF SP #87-07 BY EDWARD WALDOCH. AND CONSIDERATION OF E%TENDING COMPLETION DATE FOR 1V10 OU75TANDING SMPRWEMENTS: Mr. Robertson, Community Development Director, stated when this special use permit was approved, the Council requested it be reviewed in six months. Ae stated in the review process, it was found only two out of the 14 stipulations remain to be completed. He stated this involves the repair and striping of the parking lot and sodding the area between the parking lot and planting beds. Mr. Robertso❑ stated Mr. Waldoeh has provided the City with a bond which expires on October 1, 1988 and it is, therefore, recommended the deadlina dates to complete these two stipulations be extended until next year, as the landscape and asphalt eontractors are booked for the rest of this season. MOTION by Councilman Schneider to coneur with staff's recommendation and extend the deadline dates for repair and striping of the parking lot to May 30, 7988 and to extend the deadline for installation of the sod until June 6, 1988. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carr3ed unanimously. 8. CONSIDERATION OF A ONE YEAR EXTENSION OF A VARIANCE. VAR �86-30. TO REDUCE ' --°---•-- •-•_., __ ,....,..__ _..._ ..____ .... ............. MOTION by Councilman Fitzpatrick to approve a one year extension on -7- C�3��, ���b FRIDLEY CITY COUNCIL I�ETI[� OR NWET�IDER 9. 1987 ' variance, VAR #86-3o• Seconded by Councilman Goodspeed. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 9. RECEN ING THE MINUTES OF THE PLANNING COMMISSION MEETING OF OCTOBER 21. 1987; A. JOHN GLYNN: Mr. Robertson stated this is a request for a special use permit in the S-1 special zoning distriet for Hyde Park. He stated this particular property was the sub,7ect of a special use permit granted in 19$5, however, the petitioner never took oceupancy of the building and the operat3on wasn't finalized. He stated Mr. Glynn is proposing a lower intensity use th an the one approved in 1985 and fewer parking spaces will be requ�red. Mr. Robertson stated the Planning Commission at their October 21 meeting recommended approval of this special use permii with four stipulations which he outlined. MOTION by Councilman Fitzpatrick to eoncur with the recommendation of the Planning Comm3ssion and grant special use permit, SP �87-18, with the ' following stipulations: (1) building facade improvements, sub�ect to staff approval, to be completed by October 31, 1988; (2) landseape improvements, as per City plan dated October 21, 1987, to be installed by Octo6er 31, 1988. Loeation of plantings on north subject to Council determination; (3) parking situation to be reviewed in two years (or sooner if necessary) to determine adequacy of existing parking lot. If additional stalls are required, petitioner will install expanded parking with conerete curbing as per October 21, 1987 drawing. Contingent upon Council approval of lease of approximately 1,604 square feet of Lot 29, Bloek 12, Hyde Park; and (4) petitioner agrees that any future reuse of the building is subject to finding, through a special use permit process, that the reuse would be compatible with the surrounding neighborhood. Seconded by Councilman Goodspeed. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. � RNERVIEW HEIGHT; BY ROBERT KUDLA: U Mr. Robertson stated this is a request for a special use permit to construct a garage in a flood zone district. He stated all setback requirements will be met and the only stipulations involve flood proofing the building to comply with requirements of the flood plain z ene. He stated the Pl anning Commission recommended approval of this special use permit with four ' stipulations which he outlined. � Q'+� @w7 � �^7 C��L1':,f3� � FRIDLEY CITY CODNCIL MEETING OF NWEMBER 9 1987 � MOTION by Couneilman Fitzpatrick to concur with the recommendation of the Planning Commission and grant special use permit, SP �k87-19, with the following stipulations: (1) proposed garage shall be firmly anchored to prevent floatation; (2) proposed garage shall be flood-proofed in accordance with the State Building Code; (3) a hard surface driveway shall be installed within one yean of building permit authorization; and (4) facade of garage to be compatible with house. Seconded by Councilman Goodspeed. Upon a voice vote, all voting aye, Mayor Nee deelared the motion carried unanimously. , C. (GENERAL BUSINESS) TO M-1 (LIGHT INDUSTRIAL) ON LOT 4, BLOCK A& R SECOND ADDITION AKD LOT 3, aLQCK 1, A& R ADDITION, THE SAME BEING 7651 HIGHWAY 65 N.E.. BY JAMES BENSON: Mr. Robertson, Community Development ➢irector, stated staff received a phone call fr� the petitioner and he requested the seheduling of the public hearing be tabled at this time. He stated the petitioner was asked to submit this request in writing. Mr. Robertson stated the next item on the agenda to set a public hearing for a vacation is directly im olved with this rezoning item and should also be tabled. MOTION by Councilman Schneider to table the scheduling of this public hearing on rzzoning, ZOA �87-04, until such time ae it is resubmitted by staff. Seconded by Couneilwoman Jorgenson. CTpon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. D. LOT 1: TIiENCE WEST ALONG SOUTH LINE OF SAID LOT 1, A DISTANCE MOTION by Councilman Sehneider to table the scheduling of this public hearing on vacation, SAV �87-10, until such time ae it is resubmitted by staff. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. E. ITEM FROM THE MINUTES OF THE APPEALS COMM7SSION MEETING OF OCTOBER 13, 1987: E-1. CONSIDERATION OF A V ARIANCE REQUEST, V AR #87-34, TO REDUCE THE SIDE YARD SETBACK FROM 10 FEET TO 5 FEET TO � ASW E THE EXISTING GARAGE ON LOT 3, SLOCK 1, WALT FIAST ADDITION, THE SAME BEING 6490 RNERVIEW TER BY SHIRLEY SEVERSON: '�' �.�' �. r:ii�� FRIDLEY CITY COUNCIL I+IEETING OF NWEMBER 9 7987 � Mr. Robertson, Community Development Direetor, stated this item was before the Appeals Commission on October 13 and they recommended denial by a 3 to 1 vote. He stated there was discussion at the Appeals Commission meeting regarding this proposed expansion on top of the existing garage and �ustification of a hardship. Mr. Robertson stated both neighbors to the north and south had submttted letters indicating they had no ob�ectior, to this variance. MOTION by Co�uicilman Fitzpatrick to concur with the recommendation of the Appeals Commission and deny varianee, VAR �k87-34, due to the lack of a viable handship. Seconded by Councilman Goodspeed. Upon a voice vote, all voting aye, Mayor Nee deelared the motion carried unanimously. MOTION by Councilman Schneider to receive the minutes of the Planning Commission meeting of October 21, 1987. Seeonded 6y Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 10. RECENING THE MINUTES OF THE CAN AINISORY COMMISSION OF OCTOBER 15 1987� MOTION by Councilman Schneider to receive the minutes of the CATV Advisory Commission of October 15, 7987• Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee deelared the motion carried unanimously. ' 11. CONSIDERATION OF S.O.R.T. RECYCLING CENTER LEASE AGREEMENT TRANSFER FRdM UNNERSAL CAN TO MINNESOTA SOFT DRINK RECYCLE, INC.: Mr. Robertson stated last month the City received notice from the owner of Universal Can that he was selling his company to Minnesota Soft Drink Recycle, Ino. (I�SD7• He stated he has contacted the City Attorney about what should be done regarding the lease agreement and Minnesota Soft Drink Recyele, Ino. has agreed to take over th3� lease. He stated staff is quite comfortable with this transfer and felt Minnesota Soft Drink Recycle would perform aecording to this agreement. Mr. Ro6ertson stated it would be appropriate for the Couneil to consider approving the assignment of this lease to Minnesota Soft Drink Recycle, Ine. He stated the documents have been reviewed by the City Attorney. MOTI�N by Co�cilman Schneider to authorize the assignment of the City's lease for this recycling process to Minnesota Soft Drink Recycle, Inc. Seconded by Councilman Goodspeed. Mr. David Losey, President of Minnesota Soft Drink Recycle, Inc., stated he wished to introduce himself to the Council so they have an idea of who they were and what Yhey intend to do in the City. He stated their company was formed in 7g80 by the Minnesota Soft Drink Corporation to recycle beverage packaging and they are aggressively pursuing recycling. He submitted brochures for the Council's review. Mr. Losey stated his company intends to ' do a lot of promotion, especially with the husiness community, for reeycling. He stated they now operate six recycling centers in the -10- � FRIDLEY CITY COUNCIL MEETING OF NWEI•ffiER 9 1987 metropolitan area and plan to open several others. UPON A VOICE VOTE TAKEN ON THE ABOVE MOTION, all voted aye, and Mayor Nee declared the motion carried unanimously. 12. RESOLUTION N0. 83-1987 AUTHORIZING CHANGES IN APPROPRIATIONS FROM THE GENERAL FUND RESULTING FROM THE IMPLEMENTATION OF A CLASSIFICATION AND COMPENSATION PLAN FOR CITY EMPLOYEES: Mr. Hunt, Assistant to the City Manager, stated on July 20 the Council approved a general Llassification and Compensation Plan for City Employees required by the Minnesota Pay Eq uity Act of 1984. He stated this resolution would authorize the funds to accomplish the provisions of this plan. Mr. Hunt submitted a graph of trend lines for maxim� earning potential for employees. He stated this earning potential was graphed against the point total for each position using standard statistical procedures resulting in an all-employee trend line called the 700 percent line. He stated since exempt employees do not qualify for overtime, their positions were raised by 5 percent above the trend line for all employees. He stated since there is a certain variability in this statistical procedure, the trend line for each group was raised by an additional 10 percent resulting in what is called the 110 percent line. Mr. Hunt stated that after employees in more than 100 cities filled out time ' spent profiles, 28 benchmark positions commonly found in those cities were identified. He stated the point values of these positions were averaged to come up with a benchmark value, He stated the values of Fridley employees averaged a little more than 4 points higher than the totals for the benehmark positions in the study so an adjustment was made in this area. He stated another adjustment was made to the point totals f or positions which require rotating shifts. ' Mayor Nee stated the instructions from the Legislature were to make sure everyone was equally compensated. He stated it is the Council's belief that no one would have to take a cut in salary, but to enhance the salary of those who may be underpaid. Councilman Fitzpatrick stated although no one's salary will be reduced by this process, there are positions that may be filled later by new employees where the compensation would be less. Mr. Hunt stated the law also provides an allowance for market considerations, and any rate higher than the range would h ave to be justified. He stated overall adjustments in 1987 dollars will amount of $112,536 per year. He stated since initial adjustments effective October 1, 1987 are only for one-half of the total ad�ustment and, since they go into effect for only the last three months of the year, the amount for 1987 will be 7/8 of the total or $tu,067. MOTION by Councilman Fitzpatriek to adopt Resolution No. 83-79a7• Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee _��_ ��..�'�� ',��,L� 11�1: #9 f,� f�1 FRIDLEY CITY COiTNC2L MEETING OF NWEt�IDER 9. 1987 ' declared the motion carried unanimouely. 13. RESOLUTION N0. 84-1987 AUTHORIZING PREPARATION OF PLANS AND SPECIFICATIONS FOR THE E%PANSION AND RENW ATION OF THE CN IC CENTER OFFICE AND PARKING FACILITIES: Mr. Robertson, Community Development Director, stated the City retained a consultant to assese the City's present building conditions and space needs since the Civic Center facility is 2D years old and has never had any ma�or renovation. I3e stated in the course of the study, it was determined there is a growing use of the Civic Center by various community groups and a shortage of space for City departments. He stated with the redevelopment of the whole Civic Center area, it was concluded there is a deficiency in parking. He stated in con�unetion with the possible expansion and renovation of the Civic Center, a study was also done for record retention, computing services, and audio-visual requirements. Mr. Robertson stated over the last 12 years, funds have been earmarked for capital improvements to cover this expansion and renovation. He stated the HRA has identified the parking needs in this area and agreed to participate in the finaneing. Councilman Schneider stated it seems there are some major changes needed in the area of providing proper handieapped aecess. , Councilman Goodspeed stated the plan started as simply to remodel and has turned into a$3,000,000 expansion. He stated, basically, he has gone along with it and felt it was a good idea. He felt there are some issues that need to be addressed involving accessibility for the handicapped and even remodeling the Council Chambers. He stated he did a lot of soul searching this week and has come to the conclusion he cannot support this plan. Councilman Goodspeed stated this year the Council had to raise taxes which he found to be a personal disappointment. He stated it was something he never intended to do, but justified it because of a deadline had to be met. He stated unexpected items may again surface in the future and felt the City rteeds to keep their reserves. He stated ri�ht now the ltain Cities are full of empty offiee buildings and the City would add to this ntmmber by building more. Councilman Goodspeed stated if you give some thought about the impact of Wall Street on Fridley, you can be assured there will be severe cuts affecting the City. He stated the Federal Government will cut aid to the State and they, in turn, Will cut aid to the cities. Councilman Goodspeed stated he admits a new City Hall would be nice, but felt the City couldn't afford this $3,000,000 pro�ect. Mayor Nee stated certain improvements need to be dox�e that are a necessity which would probably cost about $1,OD0,000. He stated as he goes through tfie City Hall, employees are working in crowded conditions which reduces ' efficiency. He stated, for the most part, he looks at the expansion as an investment. _� 2_ �,+��_�`��, FRIDLEY CITY COUNCIL MEETIt�G OF NWEt�IDER 9, 1987 ' Couneilman Fitzpatrick stated he would like to speak about the needs of the Police Department as a large part of the expansion involves this particular department. He stated most cities our size have mueh larger facilities for their Police Departments. He also stated the City Manager's office is another examgle where there is overcrowding. Couneilman Schneider stated the Council has set aside funds for thi� point in time when it is necessary to move forward with expansion and renovation in order to continue to keep Fridley a modern, first-rate community. He stated several years ago he worked with some of the finanee people on a computer projeet and there were two and sometimes three persons sharing an office. Ee stated the Police Department needs about twice the space they now oecupy. Councilman Schneider stated he felt employees deserve adequate quarters to make them as productive as possible. He stated improvements need to be done because besides the additional space needed, there are energy and handieapped considerations to take into consideration. He stated the parking is something the HRA is considering and it wouldn't be done unless it is funded by the HRA. Councilman Goodspeed stated it didn't matter if the parking was funded by the HRA as it is eoming out of the same pocket. He stated people are being taxed so much now they cannot live anymore. He stated every time a tax increment district is created, it erodes a little of the tax base. He stated the City does not need to build a$1,000,000 parking ramp if the City Hall isn't expanded, He stated employees can work in overcrowded conditons ' and still be efficient. He stated it comes down to the fact th at you have to live with less than you would like. Councilman Schneider stated the City's own parking lot does not conform with the City Code. He stated Councilman Goodspeed has raised some good points, but felt the Council has been prudent in their planning and believes the expansion and renovation is justified. Counezlman Goodspeed stated there is a less expensive way to give the Police Department more space, He stated there is diseussion about building a new fire station and perhaps when the Fire Department is relocated that space could be utilized for other City Hall operations. Councilman Goodspeed stated in the last three years he has been on the Council, he never had a person say they needed more room at City Hall or in the Police Department, but he has heard them say not to raise taxes. Mr. Qureshi, City Manager, stated the thrust of the expansion and renovation is to serve the citizens more efficiently. He stated a consultant was hired to advise the City on what space was needed. Ee stated the expansion would provide more space for the Police Department and easy accessibility to the Recreation Department. I�. Qureshi stated the City Hall was constructed 20 years ago and there are regulations to be complied with in order to bring it up to standards. He ' stated the Couneil, for the last 12 years, has planned ahead for this type of expansion and renovation. -13- ��rR, �-^ FRIDLEY CITY COUNCIL MEETING OF NWEt�IDER 9, 1987 ' Couneilman Goodspeed stated he is against the plan for expanding City Hall which would take some of the parking and then the parking would need to be expanded. Mr. Qureshi stated the expansion wouldn't take away any of the parking spaees. However, there is an existing shortage of parking that should be provided for instead of using Target's parking 1 ot. Councilwoman Jorgenson stated in her campaign for the City Council she said she would maintain a high level of service for the residents. She stated the previous Councils had the foresight to set aside funds so the City dcesn't have to borrow money in order to make the necessary modifications and repairs to ma3ntain the City Hall as an asset for the community. Councilman Goodspeed stated his disagreement with the plan stems from the direction City government should be taking and cutting baek expenses. Couneilman Schneider stated the City has a stable administration and didn't think the staff was extravagant as they always provide a reasonable level of service and keep taxes within a very narrow band. Mr. Hill, Public Safety Director, stated right now his office files are spread in three different offices. He stated even the proposed expansion for the Police Department is quite minimal. He stated in looking at surrounding communities which don't have the financial base of Fridley, their facilities are quite adequate. Mr. Hill stated there are some ' standards whieh must be met in regard to privaey and hallways need to be wider so there are items which must be taken into consideration when construeting police facilities. He stated just repairs and renovation of the City Hall would be quite costly. Mr. Hill stated he has had many complaints a6out the parking spaces around the City Hall and really felt there is a significant need for additional parking. He stated several days this week there were not sufficient meeting rooms available to conduct City business. Mr. Hill felt this plan is probably the most efficient use of the funds they have without raising taxes in order to better serve the community. MOTION by Councilman Schneider to adopt Resolution No. 84-1987. Seconded by Councilwoman Jorgenson. Upon a voice vote, Couneilman Schneider, Councilwoman Jorgenson, Couneilman Fitzpatrick and Mayor Nee voted in favor of the motion. Couneilman Goodspeed voted against the motion. Mayor Nee deelared the motion carried by a u to 1 vote. 1�1. RESOLUTION N0. 85-1987 ORDERING PRELIMINARY PLANS. SPECIFICATIONS AND ESTIMATES OF COSTS THEREOF: STREET IMPRWEMENT PROJECT N0. ST 1988-2: MOTION by Couneilman Schneider to adopt Resolution PIo. 85-7987• Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 15. RESOLUTSON N0. 86-1987 ORDERING IMPROVEMENT AND APPROVAL OF PLANS AND � SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS: SPRINGBR00% NATURE CENTER POND IMPRUIEMEMT PROJECT N0. 173: -14- ����' M� FRIDLEY CITY COUNCIL MEETING OF NWEMBER 9, 1967 ' Mr. Flora, Public Works Director, stated this resolution covers improvements in the ponds at the Springbrook Nature Center. He stated the project would provide for an initial settling pond, a dike with a ponding area, a larger deeper water pond, an observation pond, and a control strueture to allow the water to be retained in the nature center. He stated another settling pond is provided for water eoming from Spring Lake Park via Springbrook Creek. Mr. Qureshi, City Manager, stated a large amount of water comes from the east and, with the residential housing development in this area, the draznage needs to be addressed. He stated by providing some retention and ponding, the drainage can be handled and the nature center enhanced. Councilwoman Jorgenson stated she understands Siah St. Clair and the Springbrook Nature Center Board has approved this improvement pl an. Mr. Flora stated the proposal was submitted to the Parks and Recreation Commission and the Nature Center Board and they both support it. MOTION by Councilman Fitzpatrick to adopt Resolution No. 86-1987• Seconded by Couneilman Goodspeed. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 16. CONSIDERATION OF CHANGE ORDER N0. 2 FOR DEMOLITION AND SITE GRADING PROJECT N0. 163: 1 MOTION by Couneilman Fitz patrick to authorize Qiange Order No. 2, Demolition and Site Grading Projeet No. 163, with Sunde Engineering in the amount of $19,270.00. Seconded by Couneilman Schneider. IIpon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 17. CONSIDERATION OF CHANGE ORDER N0. 1 FOR STORM SEWER AND WATERMAIN PROJECT N0. 169: Mr. Flora, Public Works Direetor, stated the City is constructing a watermain extension and Longview Fibre has petitioned the City to inerease the water line for their prospective facilities. He stated the ma�ority of the cost of this change order will be paid by Longview Fibre since it is at thear request. MOTION by Couneilman Fitz patrick to authorize Change Order No. 1, Storm Sexer and Watermain Project No. 169, with Glendale Contracting, Inc, in the amount of $29,805.00. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 18. CONSIDERATION OF MTC REQUEST FOR BUS RERDUTING: Mr. F1ora, Public Works Director, stated the City has received a req uest from the Metropolitan Transit Commission to use the 60th Avenue split-off and run southbound on 3rd Street to 57th and then back onto Univer�ity ' Avenue as a means of safely picking up neighborhood passenger traffie. He stated this diversion would result in approximately 15 buses on 3rd Street during 6 a.m. to 8 a.m. on weekdays. He stated this req uest is being made -15- OFt� �.� � FRIDLEY CITY COIINCIL MEETING OF NU1E[•ffiER 9. 1987 , due to increased early morning congestion on University Avenue as a result of the East River Road construction. Mr. Flora stated the street is not designed as a 9-ton route, however, during winter months this should not be a problem. He stated he would have some concern during the spring as conditions may be such to adversely affect the roadway. Councilman Fitzpatrick felt if the buses are allowed to run on 3rd Street and damage does oecur to the roadway, the cost of repairs should be borne by the MTC. Mr. Herrick, City Attorney, felt the MTC would have authority to enter into this type of an agreement, however, whether they would be willing or not that is another question. It was suggested this item be brought back to the Council at the next meeting after discussion is held by staff with the MTC to determine if they are willing to enter 3nto an agreement for any damages that may oceur to the roadway. 19 • CLAIMS: MOTION by Couneilman Schneider to authorize payment of Claims No. 17065 through 17357. Seconded by Councilwoman Jorgenson. Upon a voice vote, all ' voting aye, Mayor Nee declared the motion earried unanimously. 20. LICENSES: MOTION by Councilman Schneider to approve the licenses as submitted and as on file in the License Clerk's Office. Seconded hy Couneilman Fitzpatriek. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 21. ESTIMATES: MOTION by Councilman Fitzpatrick to approve the estimates as submitted: Herrick � Newman, P.A. 64D1 University Ave. N.E. Fridley, PIId 55�432 For Services Rendered as City Attorney for the Month of October, 1987. . . . . . . . . . . $ 1,299.00 Enebak Construction P.O. Box 458 Northfield, PIId 55057 Demolition & Site Grading Pro�ect lk163 FINAL FSTIMATE . . . . . . . . . . . . . . . . . . . $ 60,537.53 ' TKDA -16- FRIDLEY CITY COUNCIL MEETING OF NQJEPIDER 9, 1987 , 25D0 American National Bank Guilding St. Paul, MN 55101-1893 Repair of Commons Park Filtration Plant Project #764 Partial Estimate . . . . . . . . . . . . . . . . . . $ 4,900.00 Glendale Contracting Co. 3030 Harbor Lane Piymouth, MN 55441 Storm Sewer & Watermain Projeet �169 Estimate No. 7 . . . . . . . . . . . . . . . . . . . $ 91,0�+3•25 H & S Asphalt 1700 Industry Blvd. Anoka, MN 55303 Street Improvement Project No. ST. 1986 - 1& 2, Phase II Estimate No. 4 . . . . . . . . . . . . . . . . . . . $ �13,77�+.10 Halvorson Construetion Co. 4227 - 165th Ave., N.E. Anoka, MN 55304 Miscellaneous Concrete Curb & Gutter Project - 1987 Estimate No. 8 . . . . . . . . . . . . . . . . . . . $ 2, 730.47 Northwest Asphalt , 1451 Co. Rd. �89 Shakopee, hIN 55375 Street Tmprovement Project No. ST. 1987 - 1 Estimate No. 7 . . . . . . . . . . . . . . . . . . . $ 3>856.62 � Shank Mechanical, Ine. 3507 - 85th Ave., N. Minneapolis, MN 55443 Repair of Commons Park Filtration Plant Project #164 Estimate No. 2 . . . . . . . . . . . . . . . . . . . $ 68, 936 •75 Seconded by Councilman Goodspeed. Upon a voice vote, all voting aye, Nee declared the motion carried unanimously. ADJOURNMENT: w � �- � ��.�; ��� Mayor MOTION by Couneilman Schneider to adjourn the meeting. Seconded 6y Couneilman Goodspeed, Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the Regular Meeting oF the Fridley City Council of November 9, 1987 adjourned at 10:40 p.m. Respectfully submitted, r ,y�� l>�L �>2�� Y+fo`x'��,�— Carole Haddad, Seeretary to the City Council Approved: -17- �) / � J, �� � I���Lr�l.� �U`, W�.11iam J. Neer Mayor