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01/27/1992 - 00005386' � � THE MINUTES OF THE REGIILAR MEETING OF THE FRIDLEY CITY COUNCIL OF JANUARY 27, 1992 The Regular Meeting of the Fridley City Council was called to order at 7:35 p.m. by Mayor Nee. PLEDGE OF ALLEGIANCE: Mayor Nee led the Council and audience in the Pledge of Allegiance to the Flag. ROLL CALL• MEMBERS PRESENT: MEMBERS ABSENT: Mayor Nee, Councilman Billings, and Councilman Schneider Councilman Fitzpatrick and Councilwoman Jorgenson (arrived at 8:30 p.m.) Mayor Nee stated that Councilman Fitzpatrick would not be at the meeting and that Councilwoman Jorgenson would be arriving shortly. APPROVAL OF MINUTES: COUNCIL MEETING, JANUARY 6. 1992: MOTION by Councilman Schneider to approve the minutes as presented. Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. ADOPTION OF AGENDA: MOTION by Councilman Billings to adopt the agenda as submitted. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. OPEN FORUM. VISITORS: MCGLYNN BAKERIES: Mr. Bob Schmidt, 6747 Washington Street, stated that he had questions regarding McGlynn Bakeries' purchase of the Totino building. He stated that he watched the public hearing on cable television regarding this purchase and then found out that McGlynn's sold their frozen foofl division to Grand Met. Mr. Schmidt stated it seemed that the representative from McGlynn's was adamant that McGlynn's had a commitment to Eden Prairie and Chanhassen and would have that same commitment to Fridley. He stated that he has a hard time believing that McGlynn's �epresentative did not know that this division was to be sold at the time he appeared before the Council. ' ' � FRIDLEY CITY COUNCIL MEETING OF JANUARY 27. 1992 PAGE 2 Mr. Schmidt stated that the tax increment financing district, which provides $600,000 and a write down over sixteen years, has now been established. He stated that his concern is the $250,0000 grant from the State that apparently is to be paid to McGlynn's for creating jobs. He stated that his question is what mechanism is established to monitor those jobs. He stated that his understanding is that those jobs will be long-term. Mr. Schmidt stated that when he contacted the State he learned that 48 �obs were in Fridley and sixty in Eden Prairie. He stated that it seems the taxpayers are paying $250,000 for 108 long-term jobs. Mr. Schmidt stated that at the January 6, 1992 Council meeting questions were raised about prevailing wages and the quality of those jobs. He stated that he felt these jobs should be full-time and not staffed through a temporary service. He stated that a case in point is that LaMaur used to be a good place to work; however, now they are using temporary personnel. Mr. Burns, City Manager, stated that McGlynn's representative, Mr. Rasmussen, claims to have not known about the pending sale. He stated that one of the principals of McGlynn's attested that Mr. Rasmussen, Vice President of Marketing, was not party to this sale, and only a very small group of people were involved. He stated that McGlynn's felt if a lot of people knew about the sale of the frozen food division it would create hysteria and was, therefore, kept very quiet. Mr. Schmidt stated that at the January 6 council meeting Mr. Rasmussen was in contact by car phone with Mr. McGlynn and questioned if Mr. Rasmussen had advised Council about the sale if it would have made a difference in the council's vote. Mr. Burns stated that this question would have to be directed to Council. He stated that Mr. Rasmussen apparently was not informed of the sale by Mr. McGlynn. Mr. Burns stated that the jobs the City is concerned about are the ones in Fridley. He stated that McGlynn's is to bring 217 jobs to Fridley and create an additional 33 jobs. He stated that there is a reporting system that has been set up by the State pepartment of Trade and Economic Development and has been reviewed by City staff. He stated that the City will be counting those jobs and going through the reporting departments with the State. Ae stated that he felt the City has a very good project, as the building which McGlynn will occupy had a very specialized use and did not lend itself to many types of manufacturing. He stated it is expected that McGlynn's will hire more people than what was promised through the grant. He stated that their payroll is over $7 million, and the average salary is $25,000. Mr. Schmidt stated that he only hopes someone is watching the store. He stated that someone got a good deal on that building and � .� � FRIDLEY CITY COUNCIL MEETING OF JANUARY 27. 1992 PAGE 3 felt McGlynn's sale was consummated long before they approached the City. Councilman Schneider stated that he felt uneasy with the way things happened; however, from the City's standpoint, there will be an occupied building and more jobs in the community. Mr. Schmidt stated that in attending meetings he hears a phrase that bothers him and that is the phrase "free" Federal or State dollars and, in this case, he believes someone felt there was "free" State monies. Councilman Billings stated that there were a number of jobs to be created in the first year and more to be created in the second and third years. He stated that he also shares Mr. Schmidt's concern, and it is difficult to believe that the management of McGlynn Bakeries, possibly not Mr. Rasmussen per se, but the owners and stockholders did not know this was happening. He stated that his personal opinion is that they perpetrated a fraud. Councilman Billings stated that if Grand Met's history repeats itself and they move the jobs out of Eden Prairie and Chanhassen, he felt the seven county metropolitan area will suffer to a greater degree than the City will benefit. OLD BUSINE55• 1. ORDINANCE NO. 985. RECODIFYING THE FRIDLEY CITY CODE BY AMENDING CHAPTER 3. PERSONNEL: Mr. Burns, City Manager, stated the main change is that this ordinance would reduce the waiting period for disability benefits. MOTION by Councilman Schneider to waive the reading and adopt Ordinance No. 985 on the second reading and order publication. Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 2. RESOLUTION NO. 12-1992 APPROVING A SUBDIVISION, LOT SPLIT; L.S. #91-04, BY CLARENCE AND AGNETHA OLSON, TO SPLIT A LOT INTO TW� SEPARATE PARCELS, PARCEL A AND PARCEL B, GENERALLY LOCATED AT 1660 AND 1668 MISSISSIPPI STREET N.E. (TABLED 1/6/92): MOTION by Councilman Schneider to remove this item from the table. Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Ms. Dacy, Community Development Director, stated that Council tabled this item on January 6, as they had concerns regarding the amount and type of outdoor storage on this parcel. She stated that staff has been working with Mr. and Mrs. Olson to resolve the code FRIDLEY CITY COUNCIL MEETING OF SANUARY 27, 1992 PAGE 4 � violations. She stated that a boat and firewood are being stored in the side yard, and the bobcat is stored in the garage. Ms. Dacy stated that staff is recommending approval of this lot split and adoption of the resolution. MOTION by Councilman Schneider to adopt Resolution No. 12-1992. Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. NEW BUSINESS: 3. APPOINT CITY REPRESENTATIVE TO THE NATIONAL ORGANIZATION ON DISABILITY: MOTION by Councilman Schneider to re-appoint Roger Blohm to the National Organization on Disability. Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Councilman Billings stated that with the enactment of the Disabilities Act taking effect today it, probably would be beneficial to have a report from staff on how the City conforms to these requirements. He suggested that this report be presented � under Informal Status Reports at a Council meeting. Ms. Dacy, Community Development Director, stated that staff is currently working on these issues and could supply further information to Council. Councilman Billings stated that when he attended the National League of Cities meeting he brought back a tape for staff to review, and he also stated that there is a book published by the National League of Cities covering this issue. Ms. Dacy stated that the American Institute of Architects is holding a seminar, and staff will be attending and purchasing a guide book on the National Disabilities Act. 4. RESOLUTION NO. 13-1992 AUTHORIZING THE CITY TO ENTER INTO AN AGREEMENT WITH THE DEPARTMENT OF NATURAL RESOURCES FOR A LOCKE LAKE DAM GRANT• MOTION by Councilman Billings to adopt Resolution No. 13-1992. 5econded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. � FRIDLEY CITY COUNCIL MEETING OF JANUARY 27, 1992 PAGE 5 ' 5. RESOLUTION N0. 14-1992 AUTHORIZING THE CITY TO ENTER,INTO AN AGREEMENT WITH THE DEPARTMENT OF NATURAL RESOURCES FOR A LOCKE LAKE DAM LOAN: Mr. Flora, Public Works Director, stated that this resolution is for a loan for the Locke Lake dam which Representative Simoneau assisted the City in obtaining. MOTION by Councilman Schneider to adopt Resolution No. 14-1992. Seconded by Councilman Billings. Mr. Burns, City Mdnager, stated that the matching grant requirements will be satisfied mainly by the loan, but the City needs to contribute an additional $15,000 from the Storm Water Fund. UPON A VOICE VOTE TAKEN ON THE ABOVE MOTION, all voted aye, and Mayor Nee declared the motion carried unanimously. 6. FIRST READING OF AN ORDINANCE RECODIFYING THE FRIDLEY CITY CODE, CHAPTER 206, ENTITLED "BUILDING CODE," BY AMENDING SECTION 206.03.2B. BY ADDING NEW PARAGRAPH "SURCHARGE ON RESIDENTIAL BUILDING PERMITS": � Ms. Dacy, Community Development Director, stated that this ordinance amendment would allow a$5.00 surcharge fee on residential building permits. She stated that this surcharge is permitted by the new State law requiring contractors to be licensed by the State rather than individual communities. She stated that the surcharge is intended for the City to recover its costs for license verification. MOTION by Councilman Schneider to waive the reading and approve the ordinance upon first reading. Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 7. RECEIVE THE MINUTES OF THE PLANING COMMISSION MEETING OF JANUARY 8. 1992• A. SPECIAL IISE PERMIT, SP #91-15, BY ROLCHE PARTNERSHIP TO ALLOW AN AUTOMOBILE PARKING LOT FOR OFF-STREET PARKING FOR ADJACENT USES ON LOTS 3-7. BLOCK 4, LYNDALE BUILDERS 6TH ADDITION, GENERALLY LOCATED AT 910-950 LYNDE DRIVE N.E.: Ms. Dacy, Community Development Director, stated that this request is for a special use permit to allow the parking of cars on the adjacent property for the Hillwind Office Center. She stated that there is also a variance request to reduce setbacks. � Ms. Dacy stated that the Zoning Code does allow parking lots for adjacent uses as a special use in the R-3 zoning district. She FRIDLEY CITY COUNCIL MEETING OF JANUARY 27 1942 PAGE 6 � stated it is staff's interpretation that the code intended that the parcel that is to provide the parking would be a vacant parcel and not a parcel already occupied by a principal use. She stated that in this case, the parking lot would be shared between the apartment dwellers and the office tenants. Ms. Dacy stated that the Appeals Commission, in conjunction with this request for a special use permit, reviewed the variance requests and recommended denial of the variance along Lynde �rive and approval of the other variance requests. She stated that since the Appeals Commission meeting, a revised site plan has been submitted consistent with the recommendation of the Appeals Commission. She stated that the setback on Lynde Drive has been increased to 21.5 feet instead of 15 feet, and a one-way traffic pattern is proposed. She stated that the Planning Commission has reviewed the request and recommended approval on a 3 to 2 vote. Ms. Dacy stated that if Council wishes to approve this request staff is recommending certain stipulations. Councilman Schneider asked if this request is not approved, what alternatives there are for providing parking. Ms Dacy stated that the alternative would be other arrangements. ' She stated that the parking is needed because the realty business is conducting seminars. She felt that possibly the realtor could provide some van or car pooling to reduce the need for parking. Ms. Dacy stated there is no question that the parking provided at the apartment complex is below the current code requirements, but when site inspections were conducted during the day only half the lot was full. Mr. Stinski, the petitioner, questioned why the special use permit was needed if he had an agreement with the apartment complex owner that he could park on his property. Mr. Herrick, City Attorney, stated the code states that a special use permit is required, and because the setbacks are not met, a variance is also required. He stated the intent that the parcel providing the parking be vacant property is correct, but the ordinance does not state this explicitly. He stated that if Council approves the special use permit and variances, he would suggest that the two property owners enter into an agreement to share parking, and he would like to review this agreement. He stated that the agreement should also address responsibility for maintenance. Councilman Schneider asked Mr. Stinski if he had a problem with any ' of the stipulations. FRIDLEY CITY COUNCIL MEETING OF JANUARY 27, 1992 PAGE 7 ' Mr. Stinski stated that he thought all he needed was permission from the apartment complex owner to park on this property, but now finds he would have to install concrete curbing, provide a landscaping and drainage plan, construct dumpster enclosures, submit a striping plan, and apply for and receive approval from the Rice Creek Watershed District. Councilman Schneider stated that if Mr. Stinski is in agreement with the stipulations, he would tend to favor approval of the request. He felt that possibly the lenqth of the parking stalls should be reduced in order to provide more green space to the north. Ms. Dacy stated that the original plan submitted provided parking stalls with an 18 foot depth and a 24 foot aisle width. She stated that through the Appeals Commission process, the petitioner was advised to submit a revised plan, and there was discussion on a one-way traffic pattern on the site. She stated that the petitioner has provided a revised plan, and if there is a one-way traffic pattern only an 18 foot wide aisle is needed. She stated that the ordinance provides that the parking stall can be 18 feet deep if it abuts a curb. Councilwoman Jorgenson stated that there is a need for more parking � in the area. She stated that she had no problem with the depth of the parking stalls abutting a curb being 18 feet, but signage should be provided to indicate a one-way traffic pattern. She stated she has some concern that there may be some vandalism in this parking lot. She stated that she would like to maintain a 25.5 foot setback. MOTION by Councilman Schneider to grant Special Use Permit, SP #91-15, with the following stipulations: (1) The petitioners shall submit a drainage plan to the Engineering Department for approval; (2) Six inch concrete curbing shall be installed along the entire perimeter of the parking area; (3) A landscaping plan in oompliance with the code shall be submitted and approved by staff. The plan shall include a three foot berm and trees 50 feet on center along Lynde Drive; (4) The petitioners shall construct dumpster enclosures for the apartment buildings; (5) The petitioners shall submit a striping and signage plan for approval by staff; (6) The petitioners shall apply for and receive approval from the Rice Creek Watershed District; (7) Variance request, VAR #91-35 shall be approved; and (8) a signed copy of the lease or rental agreement between the owner of the apartment complex and the petitioners shall be submitted for the City staff's approval. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. � MOTION by Councilwoman Jorgenson to receive the minutes of the Planninq Commission Meeting of January 8, 1992. Seconded by � FRIDLEY CITY COUNCIL MEETING OF JANUARY 27, 1992 PAGE S Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 8. RECEIVE ITEMS FROM THE APPEALS COMMISSION MEETING OF DECEMBER 10, 1991: A. VARIANCE REQUEST, VAR #91-35, BY ROLCHE PARTNERSHIP,_TO_REDUCE THE FRONT YARD SETBACK FROM 35 FEET TO 21.5 FEET; TO REDUCE THE SIDE YARD SETBACK FROM 10 FEET TO 5 FEET, TO ALLOW THE CONSTRUCTION OF A PARKING LOT FOR AN ADJACENT USE ON LOTS 3 THROUGH 7, BLOCK 4, LYNDALE BUILDERS 6TH ADDITION, THE SAME BEING 910-95D LYNDE DRIVE N.E.: The Council discussed this variance request in conjunction with the request for the Special Use Permit for this parcel (Item 7-A). MOTION by Councilman Schneider to grant Variance Request, VAR #91-35, to reduce the front yard setback from 35 feet to 25.5 feet and to reduce the side yard setback from 10 feet to 5 feet, with the following stipulations: (1) The petitioners shall submit a drainage plan to the Engineering Department for approval; (2) Six inch concrete curbing shall be installed along the entire perimeter of the parking area; (3) A landscaping plan in compliance with the code shall be submitted and approved by � staff. The plan shall include a three foot berm and trees 5o feet on center along Lynde Drive; (4) The petitioners shall construct dumpster enclosures for the apartment buildings; (5) The petitioners shall submit a striping and signage plan for approval by staff; (6) The petitioners shall apply for and receive approval from the Rice Creek Watershed District; and (7) a signed copy of the lease or rental agreement between the owner of the apartment complex and the petitioners shall be submitted for the staff's approval. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. B. VARIANCE REQUEST, VAR #91-36, BY SIGNAGE SYSTEMS, FOR EMBERS RESTAURANT, TO INCREASE THE SIZE OF A FREE-STANDTNG SIGN FROM 80_SQUARE FEET TO 120 SpUARE FEET, TO ALLOW THE CONSTRUCTION OF A NEW FREE-STANDING SIGN ON LOT 11, AUDITOR'S SUBDIVISION NO. 155, THE SAME BEING 5400 CENTRAL AVENUE N.E.: Ms. Dacy, Community Development Director, stated that this is a request from Embers Restaurant for a variance to increase the size of a free standing sign from 80 square feet to 120 square feet. She stated that the sign currently on the property is 350-400 square feet and has been in existence since 1959. Ms. Dacy stated that there are four tests which must be met in � order to grant a variance. Staff has reviewed these, and finds there are no unusual aspects of this property that would enable this parcel to have a variance, as compared to other properties in the immediate area. She stated that while a 12o square foot sign � � � FRIDLEY CITY COUNCIL MEETING OF JANUARY 27. 1992 PAGE 9 is preferable to the larger one which now exists, staff would recommend denial of the variance since this is an opportunity for the property to comply with the current ordinance. Ms. Dacy stated that the Appeals Commission felt the sign would be smaller and, due to the location, they felt it was the criteria for a hardship and recommended approval of the variance. Mr. Kristal, the petitioner, stated that he would tend to disagree with staff's report, and he felt they meet all the conditions for a variance. He stated that the size of the current sign is close to 500 square feet and, with its removal, it would reduce the size considerably and benefit the City. Councilman Schneider noted that a reader board, and he asked if elsewhere on the property. the proposed sign would not have a reader board sign is proposed Mr. Kristal stated that there would not be a reader board sign elsewhere on the property. Councilman Billings asked if any wall mounted signs are proposed. Mr. Kristal stated that there would be one wall mounted sign over the front entrance. Councilman Billings asked Mr. Kristal if he had any objection to a stipulation that there would be no more than one wall mounted sign if this variance was granted. Mr. Kristal stated that at this particular time he would have no problem, but in the future they may want an additional sign. He stated that if this was the only condition he would agree to it. Councilman Billings stated that the existing sign was constructed prior to the City's current Sign Code and, therefore, is "grandfathered." He stated that the code would allow Mr. Kristal to keep the existing sign as long as it is not changed. He stated that what he would like to propose, as a general rule for sign variances, is that a stipulation be placed on the variance so if a sign is changed it would be necessary to come back to Council for approval. He stated that this would be the same requirement for variances granted prior to November 21, 1977 and the same restriction that Mr. Kristal now has on the existing sign. Mr. Kristal asked if he could change the color of the sign. Councilman except for replaced or is a change approval. Billings stated that the sign could not be altered routine maintenance. He stated that if the sign is remodeled, damaged more than 50 percent, or if there in the name of the business, it would require Council FRIDLEY CITY COUNCIL MEETING OF JANUARY 27, 1992 PAGE 10 � Mr. Kristal stated that he understands if the sign was damaged by a storm it would prohibit him from putting it up again without Council's approval. He stated that the restaurant and bakery portion of the sign is a removal panel, and he may wish to alter that portion. He stated that if the sign is damaged the restriction could cause a problem. He stated that he understands and agrees with the intent if there is some way to deal with natural events beyond his control. Mayor Nee stated that Mr. Kristal would be allowed to change the message and perform routine maintenance. Mr. Herrick, City Attorney, stated that he felt changing the message would be permitted, but the question Mr. Kristal raised in regard to damage of the sign may create a problem. Councilman Billings stated that he would be willing to eliminate the reference that if the sign is damaged more than 50 percent of the value that it be removed. MOTION by Councilman Billings to grant Variance Request, VAR-#91-36, with the following stipulations: (1) This variance, unless otherwise specified by the Fridley City Council, shall remain in effect until (a) the sign is altered in any way, except � for routine maintenance and change of inessages, which makes the sign less in compliance with the requirements of Chapter 214 of the Sign Code than it was before the alterations; (b) the supporting structure of the sign is replaced or remodeled; (c) the face of the sign is replaced or remodeled; and (d) not withstanding item (a) above, upon the change of the name of the business being displayed on this sign. At such time, the owner of said sign will have three (3) months to obtain a sign permit and construct a sign which meets all requirements of Chapter 214 or obtain a variance for any new or existing sign which does not meet all requirements of the Chapter; and (2) There shall be no more than one permanent wall mounted sign on this property. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 9. RECEIVE ITEMS FROM THE PLANNING COMMISSION MEETING OF DECEMBER 11, 1991: A. ESTABLISH A PUBLIC HEARING FOR FEBRUARY 24, 1992, FOR A PRELIMINARY PLAT, P.S. #91-03, BY BRW. INC. FOR LEONARD VANASSE OF MAR-LEN DEVELOPMENT. TO REPLAT PARCEL 6(LOT 2, BLOCK 1, MAR-LEN ADDITIONI INTO LOT l, BLOCK l, MAR-LEN 2N� ADDITION. AND OUTLOT A, WALMART ADDITION, GENERALLY LOCATED AT 8200 MAIN STREET N.E.: � MOTION by Councilman Billings to set the public hearinq on this preliminary plat, P. S. #91-03, for February 24, 1992. Seconded �I � � FRIDLEY CITY COUNCIL MEETING OF JANUARY 27. 1992 PAGE 11 by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. B. ESTABLISH A PUBLIC HEARING FOR FEBRUARY 24. 1992, FOR A PRELIMINARY PLAT, P.S. #91-04, BY BRW, INC., FOR WEMBLEY INVESTMENT COMPANY, TO REPLAT AN AREA (PARCELS 1-5) INTO LOT 1, BLOCK 1. WALMART ADDITTON, GENERALLY LOCATED AT 8200 UNIVERSITY AVENUE N.E.: MOTION by Councilman Billings to set the public hearing on this preliminary plat, P.S. #g1-04, for February 24, 1992. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 10. RECEIVE AN ITEM FROM THE PLANING COMMISSION MEETING OF JANUARY 22. 1992• A. ESTABLISH A PUBLIC HEARING FOR FEBRUARY 24, 1992, FOR A REZONING, ZOA #91-04, BY BRW, INC. FOR JOSEPH MAERTENS. TO REZONE FROM M-2, HEAVY INDUSTRIAL, TO C-2, GENERAL BUSINESS, GENERALLY LOCATED AT 8200 UNIVERSITY AVENUE N.E.: MOTION by Councilman Schneider to set the public hearing on this rezoning, ZOA #91-04, for February 24, 1992. Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 11. REVIEW SPECIAL USE PERMIT, SP #90-08, BY JOHN BABINSKI, TO ALLOW EXTERIOR STORAGE OF MATERIALS, GENERALLY LOCATED AT 1290 73RD AVENUE N.E.: Ms. Dacy, Community Development Director, stated that a stipulation of this special use permit was for a review by the Council in one year. She stated that staff inspected this property to determine compliance with the stipulations. Ms. Dacy stated that the petitioner has attempted to clean the existing storage area but has not finished this task. She stated that more ef£ort should be made to clean the storage area and store equipment in this area. She recommended that Council postpone any action on this review until June, 1992 to allow the petitioner to clean the area after the winter months. Mr. Kramer, representing Mr. Babinski, stated that because of the early snow they did not get all the area cleaned. He stated that they intend to accomplish this in the spring. Councilman petitioner permit. Schneider stated that by June, 1992 he would like the to comply with all stipulations of the special use FRIDLEY CITY COUNCIL MEETING OF JANUARY 27. 1992 PAGE 12 � Mr. Kramer questioned the stipulation regarding the storage of flatbed trailers and asked if it refers to all trailers. Ms. Daoy thought that the intent was to get as much as possible in the storage area so the parking lot looks like the Onan site. She thought that either a trailer or flatbed would be acceptable as it relates to the stipulation. MoTION by Councilman 5chneider to table review of Special Use Permit, SP #90-D8, until the June 20, 1992 Council meeting and instruct staff to place this item on the agenda at that time. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 12. ESTABLISH A PUBLIC HEARING FOR FEBRUARY 24, 1992, FOR 1992 ALLOCATION OF COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS: MOTION by Councilman Schneider to set the public hearing for the 1992 allocation of Community Development Block Grant Funds for February 24, 1992. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 13. APPROVE THE AGREEMENT FOR RELOCATION SERVICES WITH � PROFESSIONAL REDEVELOPMENT RESOURCES, THE APPRAISAL AND REVIEW APPRAISAL ASSOCIATED WITH THE GERSZEWSKI ACQUISITION SRIVERVIEW HEIGHTS): Ms. Dacy, Community Development Director, stated that authorization is requested by Council to hire two companies to complete the acquisition in the Riverview Heights area. She stated that it is recommended that Council consider Kirk Schnitker of Professional Redevelopment Resources for both the appraisal and relocation claim, and that Donald Hennessey be permitted to continue as review appraiser. MOTION by Councilwoman Jorgenson to authorize the Mayor and City Manager to execute the Agreement for Relocation Services with Professional Redevelopment Resources and direct staff to proceed with the appraisal and review appraisal to be completed by Kirk Schnitker, of Professional Redevelopment Resources, and Donald Hennessy, Certified Review Appraiser. Seconded by Councilman Schneider. Upon a voice vote, all votinq aye, Mayor Nee declared the motion carried unanimously. 14. APPROVAL JOINT POWERS AGREEMENT FOR IMPROVEMENT OF THE INTERSECTION OF MISSISSIPPI STREET AND HIGHWAY 47: MOTION by Councilman Billings to authorize the Mayor and City � Manager to execute the Joint Powers Agreement with Anoka County for improvement of the intersection of Mississippi Street and FRIDLEY CITY COUNCIL MEETING OF JANUARY 27. 1442 PAGE 13 � Highway 47. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 15. APPROVE PAY EOUITY IMPLEMENTATIDN REPORT: Mr. Hunt, Assistant to the City Manager, stated that in 1984, the State Legislature passed the Pay Equity Act covering local units of government. He stated that the City is now required to report their implementation of pay equity which began in 1987. He stated that this report contains information on Fridley City employees as of December 31, 1991. He stated that the form for this report was provided by the State Department of Employee Relations, and it conforms with the proposed Rules that were submitted to the Administrative Law Judge in November. Mr. Hunt stated that the City was advised by the League of Minnesota Cities and Labor Relations Associates to complete the Pay Equity Implementation Report as requested by the Department of Employee Relations even though the proposed Rules for Pay Equity Compliance have been suspended temporarily due to a technical flaw in the proceedings. Mr. Hunt stated that in preparing the report an attempt was made to be as accurate as possible and provide all information required ' by law. He stated that there are literally thousands of items of information that are contained in the data presented, and many require a judgment as to the meaning of the law and the proposed Rules. He stated that to the best of his knowledge the City has complied with the Legislative requirements in every respect. Mr. Hunt stated that the report contains information on job categories, the number of female and male employees in these positions, the salary ranges, and number of years to reach the maximum of that particular salary range. He stated that he has not seen the computer program by which the City will be judged. MOTION by Councilman Schneider to approve the Pay Equity Implementa�ion Report and direct staff to file it with the State. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. MOTION by Councilman Billings to direct staff to write a letter to the Commissioner of Employee Relations expressinq the City Council and City staff's frustration on the inability of their staff to do their job to provide the proper information and forms to prepare this report and the computer program we have requested on a number of occasions. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. � FRIDLEY CITY COUNCIL MEETING OF JANUARY 27, 1992 PAGE 14 , 16. INFORMAL STATUS REPORTS: LOCKE LAKE• Mr. Flora, Public Works Director, stated that last September a meeting was held with the Rice Creek Watershed District Board of Managers, and another analysis was requested for the dam structure. He stated that at that time it was indicated the City would make an effort to sample the sediment in Locke Lake and the cost to analyze that material. He stated that the Rice Creek Watershed District also requested public easements from all the properties within Locke Lake, and the City is working to obtain these easements but as yet needs an easement from two parcels. Mr. Flora stated that soil samples obtained last spring from the Rice Creek Watershed District's engineering consultant were found not acceptable for testing. He stated that the City then took samples and, in January, submitted them for analysis. He stated that from the information received the samples contain no contaminants above established levels, and the major concern involves some PAH compounds that were found in the samples. He stated that while these PAH compounds are not a critical item the disposal site would have to be made aware these items were being disposed of. � Mr. Flora stated he understands that the engineering consultant for the Rice Creek Watershed District has prepared and submitted a second option for replacement of the dam. He stated that he understands this option would be reviewed at the February 12 meeting of the Rice Creek Watershed District. He stated that the report should be submitted to the Task Force members, the City, County, and other agencies involved, to review and identify any questions or problems associated with the final document. He stated that he thought there would be a recommendation from the Task Force that the City and Watershed District decide on public hearings for the improvements and establish a funding mechanism for the proposed improvements. Mr. Flora stated that the Department of Natural Resources has gone on record, by letter, that they do not want a fish ladder in the dam. Councilman Schneider asked Mr. Flora what would be considered a realistic time frame before the improvement begins. Mr. Flora stated he would anticipate that the pro7ect limits can be identified and the public hearing process and funding mechanism established so that final design plans could be obtained for construction in the winter of 1992-93. He stated that he felt it ' wauld be less costly to undertake the improvement in the winter so that most of the material could be removed through a scraping � � � FRIDLEY CITY COUNCIL MEETING OF JANUARY 27, 1992 PAGE 15 mechanism. He stated that otherwise, if it is wet, a drag line would have to be used, which would be more costly. 17. CLAIMS• MOTION by Councilman Schneider to authorize payment of Claim Nos. 41000 through 41358. Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 18. LICENSES• MOTION by Councilwoman Jorgenson to approve the licenses as submitted and as on file in the License Clerk's Office. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 19. ESTIMATE: MOTION by Councilman Schneider to approve the estimates as submitted: Northdale Construction Co., Inc. 1445Q Northdale Slvd. Rogers, MN 55374 61st Avenue Sewer Repair Project No. 225 FINAL ESTIMP,TE . . . . . . . . . . . . . . Barna, Guzy & Steffen, Ltd. 400 Northtown Financial Plaza 200 Coon Rapids Boulevard N.W. Minneapolis, MN 55433 Services Rendered as City Attorney for the Month of December, 1991. . Newquist & Ekstrum, Chartered 301 Fridley Plaza Office Building 64D1 University Avenue N.E. Fridley, MN 55432 $ 549.13 $ 1,071.54 Services Rendered as City Prosecuting Attorney for the Month of December, 1991. ......$ 8,955.00 � � � � FRIDLEY CITY COUNCIL MEETING OF JANUARY 27, 1992 PAGE 16 W.B. Miller, Inc. 16765 Nutria Street Ramsey, MN 55303 Street Improvement Project No. ST. 1991 - 1& 2 Estimate No. 13. . . . . . $ 25,840.86 Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. ADJOURNMENT: MOTION by Councilman Schneider to adjourn the meeting. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the Regular Meeting of the Fridley City Council of January 27, 1992 adjourned at 9:30 p.m. Respectfully submitted, Carole Haddad Secretary to trie City Council Approved: William J. Nee Mayor