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01/06/1992 - 00005366� � � TAE MINUTES OF THE REGULAR MEETING OF THE FRIDLEY CITY COUNCIL OF JANUARY 6. 1992 The Regular Meeting of the Fridley City Council was called to order at 7:32 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: Mayor Nee, Councilwoman Jorgenson, Councilman Billings, Councilman Schnezder, and Councilman Fitzpatrick MEMBERS AB5ENT: None APPROVAL OF MINUTES: COUNCIL MEETING, DECEMBER 9, 1991: MOTION by Councilman Schneider to approve the minutes as presented. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unan�_mously. ADMINISTRATION OF OATH OF OFFICE TO ELECTED OFFICIAL: DENNIS L. SCHNEIDER, COUNCILMEMBER, WARD II: Ms. Haapala, City Clerk, administered the Oath of office to Dennis L. Schneider, Councilmember, Ward II. She presented Councilman Schneider with the certificate of election and extended her congratulations on his re-election. Councilman Schneider stated that he felt honored to be re-elected for another term. He stated that he is working with a great group of people at the elected and staf£ level. He stated that he Pelt the citizens feel that Fridley is run well, and he is pleased with what is happening in the City. Councilman Schneider stated that he attended the National League of Cities Conference and that cities are facing a lot of challenges. He stated that he looks forward to working with Council for the next several years. ADOPTION OF AGENDA: Mayor Nee requested a resolution to approve Lot Split, L.S. #91-04 be added as part of Item 8. �� �I FRIDLEY CITY COUNCIL MEETING OF JANUARY 6, 1992 PAGE 2 MOTION by Councilman Fitzpatrick to adopt the agenda with the above addition. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. OPEN FORUM. VISITORS: There was no response from the audience under this item of business. NEW BUSINESS• 1. RESOLUTION NO. 1-1992 APPROVING MODIFICATION TO REDEVELOPMENT PROSECT AREA NO. 1 AND CREATION OF TAX INCREMENT FINANCING DISTRICT NO. 12: MCGLYNN BAKERIES, INC.: Mr. Burns, City Manager, stated that this resolution before Council modifies the City's redevelopment plan to reflect increased pro�ect costs and to expand the geographical area. He stated that this proposed project was reviewed by the Planning Commission, approved by the Housing and Redevelopment Authority and, on December 9, 1991, Council conducted a public hearing. Mr. Burns stated that on Thursday, January 9 the Housing and Redevelopment Authority will consider whether they wish to approve � a development agreement with McGlynn Bakeries, Inc., if Council approves the modificaCion of the redevelopment district. He stated it is felt that this project meets the "but for" test. He stated that development would not occur solely throuqh private investment. Mr. Burns stated that the facility was abandoned several years ago, and this project would eliminate a blight. He stated that McGlynn Bakeries plans to rehabilitate the building at an estimated cost of $4,800,000, and this should add an additional $2,000,000 in market value to this property. Mr. Burns stated that the City and State would benefit by �he retaining and creation of new jobs. He stated that in order to insure that McGlynn would bring their jobs and manufacturing operation to the City, there is a financial assistance package. He stated that the project will benefit from tax increment financing distributed over fourteen years on a pay-as-you-go basis. He stated that the value of the tax increment financing is estimated at $649,542. Mr. Burns stated that the City has worked with State Representative Wayne Simoneau and the Department of Trade and Economic �evelopment for a loan to finance machinery and equipment. He stated that the Housing and Redevelopment Authority will contribute an estimate $10,000 to resolve storm drainage problems. � Mr. Burns stated it is recommended that Council adopt this resolution to modify the redevelopment plan to include the McGlynn project. � � � FRIDLEY CITY COUNCIL MEETING OF JANUARY 6, 1992 PAGE 3 Councilman Schneider stated that this vacant facility is very unique, and when you have a company that can take advantage of such a building and make a substantial investment in the community and create jobs, he is sure that this is the intended use of tax increment financing. MOTION by Councilman Schneider to adopt Resolution No. 1-1992. Seconded by Councilwoman Jorgenson. Councilman Billings stated that he has seen many employment figures such as the creation of 116 new jobs and that, previously, the figure was 44 new jobs. Mr. Rasmussen, Vice President of Marketing, stated that he believed the employment figures were from an earlier memo he sent to the City. He stated that the figure includes 7obs in Fridley plus the additional jobs in Eden Prairie. He stated that by moving McGlynn's retail plant, the plant in Eden Prairie is open to new jobs. Mr. Rasmussen stated that the most current figures for Fridley is that they anticipate 217 positions will move to Fridley when they open this facility, and they are committed to a minimum of 33 new positions over the first 36-month period once the plant is operational. Councilman Billings asked what the $649,542 was to cover. He stated he noted that Schedule G, which is for the purpose of describing the improvements, has nothing on the sheet. Mr. Casserly, Financial Consultant, stated that the $649,542 is essentially assistance of a land write down and minimum improvements. He stated that they are assembling a draft outlining the improvements to be made to the facility. Mr. Rasmussen stated that the improvements proposed are for the installation o£ an elevator and rebuilding and recharging the ammonia system. He stated that the tax increment financing is not earmarked for any particular portion. Councilman Billings stated that Council adopted a resolution which stated that if tax increment financing funds were used for a project, the wages paid for the project would be in accordance with the prevailing wage rate. He asked where this is referenced in the development agreement. Mr. Casserly stated that this language is not contained in the development agreement. He stated that one of the conditions of the State grant is payment in accordance with prevailing wages. He stated that this clause could be added to the development agreement. ' FRIDLEY CITY COIINCIL MEETING OF JANUARY 6, 1992 PAGE 4 Mr. Rasmussen stated that the State grant is for equipment purohases, which would not be affected by prevailing wages. He stated that he was not made aware of this requirement of the City. He stated that McGlynn's has primarily used union personnel, and he would have objection to prevailing wage language added to the development agreement. Mr. Rasmussen stated that their flooring contractor is not union; however, the other contractors have mostly been union employees. Councilman Billings stated that several weeks ago there was a memo in Council's packet from Mayor Nee regarding McGlynn Bakeries, and it has had an impact on the decision-making proces5, and should probably be entered into the record. MOTION by Councilman Billings to receive Mayor Nee's memo dated December 6, 1991 to the City Council, with the accompanying attachments. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Mr. Rasmussen stated that they specifically structured the State aid so it would not come under prevailing wage because it was for equipment. � Mr. Casserly stated that tax increment monies can only be spent on public improvements. He stated that the Housing and Redevelopment Authority has approved the write down of land to assist with public improvements. He stated that the Housing and Redevelopment Authority is receiving, in theory, the sum of $650,000 from McGlynn's to acquire a piece of property for $2,500,000 which they will sell back to McGlynn's for $1,500,000. He stated that in return for McGlynn's providing the funds to the Housing Authority, the HRA gives the corporation a note which is payable over a term of years. He stated that the note is repaid from the increment generated from the development. Mr. Casserly stated that what they are trying to do is to give an idea of the type of improvements being made to the site, but the money the HRA is paying out really is not going for those items. Councilman Schneider questioned if tax increment financing districts were included in the resolution pertaining to the provision of prevailing wages. Councilman Billings stated that he thought they were included, but he did not have the resolution before him. He stated that this provision probably relates to the development agreement more than it does to the creation of the district. He stated that if the developer has a problem with the payment of prevailing waqes it may be appropriate to table this item. � Mr. Rasmussen stated that this subject has never come up in any of the negotiations. He stated that as he understands Mr. Casserly's � FRIDLEY CITY COUNCIL MEETING OF JANUARY 6. 1992 PAGE 5 comments, the funds from tax increment is for write down of the property and does not involve any construction so payment of prevailing wages would not apply. Mr. Casserly stated that the Housing and Redevelopment Authority has the ability to impose any conditions they wish on providing assistance. He stated that Council does not have that right. He stated that Council can only create or not create a district. He stated that this point would have to be discussed with the Housing and Redevelopment Authority. Councilwoman Jorgenson stated that she felt the resolution pertaining to payment of prevailing wages should be made available before any further action is taken by Council. MOTION by Councilman Billings to table this item until later in the meeting at the Chair's discretion. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Mayor Nee stated that Item 2 relates to Item 1 and would be considered after a copy of the resolution pertaining to prevailing wages is received. � 3. RESOLUTION NO. 2-1992 APPROVING AND AUTHORIZING SIGNING AN AGREEMENT ESTABLISHING WORKING CONDITIONS, WAGES AND HOURS OF POLICE OFFICERS OF THE CITY OF FRIDLEY POLICE DEPARTMENT FOR THE YEAR 1992: Mr. Hunt, Assistant to the City Manager, stated that this agreement is the result of negotiations with the Law Enforcement Labor Services Union. He stated that the changes from 1991 reflect a 2.5 percent wage increase; an increase of $20 per month for the City's contribution towards health and life insurance; off duty court time changed from two hours minimum pay to three hours; and a short term disability benefit from a twenty-day to a ten-day waiting period for on-duty illness or injury. He stated that it is recommended Council approve this agreement. MOTION by Councilman Billings to adopt Resolution No. 2-1992, with the attached Exhibit A. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 1. RESOLUTION NO. 1-1992 APPROVING MODIFICATION TO REDEVELOPMENT PROJECT AREA NO. 1 AND CREATION OF TAX INCREMENT FINANCING DISTRICT NO. 12; MCGLYNN BAKERIES, INC.: MOTION by Councilman Schneider to remove Item 1 from the table. � Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. FRIDLEY CITY COUNCIL MEETING OF JANUARY 6. 1992 PAGE 6 � The Council was presented with a copy of Resolution No. 25-1990 which provides for payment of prevailing wages. Councilman Billings read portions of this resolution which stated that "wages paid for all work on any project that is financed in whole or in part by funds obtained by bonds issued by the City, including but not limited to Industrial Revenue Bonds and Aousing Revenue Bonds, and all projects let after May 1, 1990, financed by tax increment financing shall be paid in accordance with the prevailing wage rate." Mayor Nee stated that this resolution should be brought to the attention of the Housing and Redevelopment Authority. Councilman Billings stated it would be his understanding that this policy would not only impact Council and staff but any agency or authority appointed by Council. Councilman Schneider stated that he did not support this resolution pertaining to prevailing wages; however, it was adopted by Council and is a policy of the City. He stated that he felt this was a good project and would not like to see it fail because of this issue. He stated that he felt the Housing and Redevelopment Authority would also have to honor the policy set by Council. � Mayor Nee stated that from McGlynn's point, there is construction of over $4,0OO,ODO, and this presumably impacts the investment. A Mr. Rasmussen stated his interpretation is that it would impact all their work, which is estimated at $4,80D,000 and, frankly, did not know if it would affect the reconstruction work. He stated if this were to be interpreted that prevailing wages must be paid as long as the tax increment district is in effect, he knows that this would not be acceptable. He stated that if this applies only to the reconstruction work that would be done, he was not sure if this would be aocepted or not. Mr. Rasmussen stated that the only contractor which he felt would not be union is the flooring contractor, and he believed they pay prevailing wages. He stated that he would like to contact representatives at McGlynn to obtain their response so that Council may take action this evening. Councilman Billings stated that this issue comes as a surprise to Mr. Rasmussen and is also a surprise to him that this language is not in the development agreement. He stated it is something that should not be brought in at the last minute. MOTION by Councilman Billing to table this item to be brought back � at the Chair's discretion. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. , � C� FRIDLEY CITY COUNCIL MEETZNG OF JANUARY 6, 1992 PAGE 7 4. RESOLUTION NO. 3-1992 APPROVING AN AGENT'5 INSURANCE SERVICE AGREEMENT WITH HADTRATH & ASSOCIATES, INC.: Mr. Hunt, Assistant to the City Manager, stated that the City received proposals for the City's insurance for the next three years. He stated that names of agencies were supplied by the League of Minnesota Cities Insurance Trust. Ten requests for proposals were sent out and five proposals were received. He stated that the proposal from Hadtrath and Associates was considerably lower than the others, and it is requested that Council adopt this resolution to approve an Agent's Insurance Service Agreement with Hadtrath and Associates, Inc. MoTION by Councilwoman Jorgenson to receive the following proposals for the City's insurance: Company Hadtrath & Assoc.,Inc 199 Coon Rapids Blvd. Coon Rapids, MN 55433 Maximum Cost for Insurance Services 1992 1993 $ 3,200 $ 3,200 Anderson Aqency $12,000 $15,400 312 Central Avenue S.E. Minneapolis, MN 55414 T.C. Field & Co. 530 N. Robert St. St. Paul, MN 55164 First Insurance P. O. Box 8000 Hopkins, MN 55343 $15,699 $15,699 $16,849 Kraus-Anderson Ins. $20,000 1935 W. Burnsville Pkwy. Burnsville, MN 55337 $18,249 $19,000 1994 $ 3,200 $16,940 $15,699 $19,789 $19,000 Total $ 9,600 $44,340 $47,097 $54,887 $58,000 Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Mr. Hunt stated that the City has been happy with T. C. Field & Company, but has no reason to believe this proposed Agent's Insurance Agreement is not identical to what the City had in the past. Councilman Schneider stated there is a provision that the agreement � would remain in effect until notice of a sixty-day termination. He stated that if the service is not what the City expects, the agreement could be terminated. � � � FRIDLEY CITY COUNCIL MEETING OF JANUARY 6, 1992 PAGE 8 Mr. Herrick, City Attorney, stated that based on the terms of the agreement, that is true. He felt that the City would want to have a significant reason to terminate the agreement but such language is not contained in the contract. MOTION by Councilman Schneider to adopt Resolution No. 3-1992. Seconded by Councilwoman Jorgenson. Councilman Billings asked if it would be more appropriate to execute the agreement for three, one-year periods. He pointed out that the proposals are separated by years. Mr. Herrick stated that he did not see where a one-year agreement would provide the City with any advantage as long as the contract can be terminated with a sixty-day notice. Mr. Burns stated that pros and cons were weighed, and because there was such a difference in the lowest vs, the highest proposal, it was felt that the City should accept the lowest proposal at this point. He stated that if the contract is not as expected, the City does have the sixty-day termination clause. UPON A VOICE VOTE TAKEN ON THE ABOVE MOTION, all voted aye, and Mayor Nee declared the motion carried unanimously. 1. RESOLUTION NO. 1-1992 APPROVING MODIFICATION TO REDEVELOPMENT YROJECT AREA NO. 1 AND CREATION OF TAX INCREMENT FINANCING DISTRICT NO. 12; MCGLYNN BAKERIES, INC.: MOTION by Councilwoman Jorgenson to remove Item 1 from the table. Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Mr. Rasmussen stated that he contacted Mr. McGlynn, and he will agree to include language in the development agreement that prevailing wages will be paid for the reconstruction work. He stated that from his recollection, the only non-union contract would be for the flooring, and he believed that the contractor's wages are above the prevailing wage. He stated that their primary objection to this clause was because of all the paperwork that had to be filed with the State. Councilman Billinqs asked if McGlynn's proposal has been presented to the school districts. Ms. Dacy, Community Development Director, stated that this proposal has been sent to both School District Nos. 14 and 16. She stated that she also spoke with Dr. Rens, Superintendent of School District No. 14. Mr. Burns, City Manaqer, stated that he has also spoken with Dr. Rens and the Chairman of the School Board. FRIDLEY CITY COUNCIL MEETING OF JANUARY 6, 1992 PAGE 9 ' Councilwoman Jorgenson stated that she spoke with Stan Kowalski, School District No. 16 boardmember, and he supports this project. Councilman Billings stated that at the December 9, 1991 public hearing before the Council, Mayor Nee stated there was considerable investment of public funds and asked for the benefits to the public to be defined. He stated the jest was that jobs would be created. He stated that the tax increment generated for the next fourteen to sixteen years would be paid back to McGlynn's, and the primary benefit to the City would be jobs. Councilman Billings stated that one of his concerns throughout this process is that Mr. Rasmussen has indicated that there is some possibility the particular operation in Eden Prairie may not be the one coming to Fridley. He pointed out an article in the Star Tribune on December 24 that nearly one-half the jobs created in Hennepin County were in the low paying job sectors. He stated that this is one of the reasons he has become concerned that the City gets production jobs at this facility, not 7ust the low paying jobs, or jobs through a temporary employment agency. Councilman Billings stated that he hopes McGlynn's maintains their policy to pay for health insurance and other benefits so the City does not end up in a situation of having jobs paying less than a living wage and increases the costs of social services. � Mayor Nee stated that probably the best benefit for the City is not to have an abandoned facility. He felt that a building of this character, which is hard to convert, could be very destructive to that area if it was left empty. Councilman Billings asked if the property taxes were current on this property. Ms. Dacy stated that she understands the taxes are up to date. Councilman Billings stated it was said on a television show that the benefit of this project is that the City would get a building that is not empty and tax forfeit. He stated that the City will not be getting any greater benefit from this facility for the next sixteen years. Councilwoman Jorgenson stated that there has been a lot of discussion itt regard to the type and quality of jobs that wi11 be created. She stated that she does not recall hearing this same discussion with regard to any other tax increment financing district within the City. She stated that a development agreement was entered into for property at University and Mississippi, and low wage industries were locating there and wondered why this issue of jobs keeps coming up with this project. Councilwoman Jorqenson � stated that she agrees living wages need to be paid, but she is also concerned about the whole process. She stated that she had calls from citizens and labor unions and probably, in the long run, FRIDLEY CITY COUNCIL MEETING OF JANUARY 6. 1992 PAGE 1D � to the detriment of some of Fridley's citizens. She stated that she would like the same rules to apply to all projects in the City. MOTION by Councilwoman Jorgenson to call the question on the motion to adopt Resolution No. 1-1992. Seconded by Councilman Schneider. Upon a voice vote, Councilwoman Jorgenson, Councilman Schneider, Councilman Fitzpatrick, and Mayor Nee voted in favor of the motion. Councilman Billings voted against the motion. Mayor Nee declared the motion carried by a 4 to 1 vote. UPON A VOICE VOTE TAKEN ON THE MOTION TO ADOPT RESOLUTION NO. 1-1992 (see Paqe 3), THE FOLLOWING VOTE� IN FAVOR OF THE MOTION: Councilman Schneider, Councilwoman Jorgenson, Councilman Fitzpatrick, and Mayor Nee. The following voted against the motion: Councilman Billings. Mayor Nee declared the motion carried by a 4 to 1 vote. 2. APPROVAL OF LOAN AGREEMENT BETWEEN THE CITY OF FRIDLEY AND MCGLYNN BAKERIES. INC.: Mr. Burns, City Manager, stated that this agreement establishes the terms and conditions for the City loaning $250,000 to McGlynn Bakeries, Inc, for the purchase of machinery and equipment. He stated that McGlynn Bakeries agrees to have 250 full-time employees � at their Fridley facility by December 31, 1995, and to maintain 250 employees through December 31, 1998. He stated that if they fail to meet the first goal they will be required to return $125,0000 to the City. He stated that failure to meet the second goal will require the remaining $125,000 to be returned to the City. Mr. Burns stated that staff recommends approval of this agreement. MoTION by Councilman Schneider to authorize the City to enter into this loan agreement with McGlynn Bakeries, Inc. Seconded by Councilwoman Sorgenson. Councilman Billings stated that the loan agreement is tied to the tax increment financing agreement, and this is the first time the City executed an agreement such as this agreement pertaining to jobs. He stated that in discussions before the Planning Commission, the Council and the Housing and Redevelopment Authority, the developer feels his primary contribution is jobs, and that is why he has been so concerned. Mayor Nee stated that the Department of Trade and Economic Development is satisfied that the criteria has been met. Councilman Schneider stated that the City is acting as an administrator for loan monies coming from the State and going to � McGlynn Bakeries. He stated that if they meet the requirements they do not need to repay the loan, but if they do not meet the requirements, the monies are repaid to the State. FRIDLEY CITY COUNCIL MEETING OF JANUARY 6, 1992 PAGE 11 � Mr. Rasmussen stated that the City is receiving a grant from the State which the City, in turn, is loaning to McGlynn Bakeries. UPON A VOICE VOTE TAKEN ON THE ABOVE MOTION, Councilman Schneider, Councilwoman Jorgenson, Councilman Fitzpatrick, and Mayor Nee voted in favor of the motion. Councilman Billings voted against the motion. Mayor Nee declared the motion carried by a 4 to 1 vote. Mr. Rasmussen stated that the jobs would be good paying, and they will fulfill their requirements. He stated that McGlynn Bakeries looks forward to a good relationship with the City. He thanked staff for their assistance through this process. 5. FIRST READING OF AN ORDINANCE RECODIFYING THE FRIDLEY CITY CODE BY AMENDING CHAPTER 3, PERSONNEL: Mr. Hunt, Assistant to the City Manager, stated that this change is mainly to amend the short-term disability to accommodate changes in the workers� compensation legislation which reimburses injured employees at a lower rate. He stated that before the short-term disability takes effect, an employee would have to use more of their accumulated leave time. He stated that there are also some technical changes to the ordinance. � MOTiON by Councilman Schneider to waive the reading and approve the ordinance on first reading. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion - carried unanimously. � 6. RESOLUTION NO. 4-1992 IN SUPPORT OF A MINNESOTA LAWFUL GAMBLING APPLICATION FOR EXEMPTION FROM LAWFUL GAMBLING LICENSE TO TOTINO-GRACE HIGH SCHOOL: MOTI�N by Councilman Schneider to adopt Resolution No. 4-1992. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 7. RESOLUTION N0. 5-1992 IN SUPPORT OF AN APPLICATION FOR A MINNESOTA LAWFUL GAMBLING PREMISE PERMIT TO THE WOMEN'S ASSOCIATION OF ALLIED BEVERAGE INDUSTRIES, INC. (WAABII: MOTION by Councilman Schneider to adopt Resolution No. 5-1992. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. , �� FRIDLEY CITY COUNCIL MEETING OF JANUARY 6, 1992 PAGE 12 � 8. RECEIVE THE MINUTES OF THE PLANNING COMMISSION MEETING OF DECEMBER 11. 1991: A. IAT SPLIT, L.S. #91-04, BY CLARENCE AND AGNETHA OLSON TO SPLIT A LOT INTO TWO SEPARATE PARCELS, PARCEL A AND PARCEL B, GENERALLY LOCATED AT 1660 AND 1668 MISSISSIPPI STREET N.E.: AND RESOLUTION APPROVING A SUBDIVISION, LOT SPLIT, L.S. #91-04, TO SPLIT A LOT INTO TWO SEPARATE PARCELS: Ms. Dacy, Community Development Director, stated that this parcel is located on the eastern border of Fridley bardering New Brighton, north of Harris Pond and east of Harris Park. She stated that the owner wishes to split this parcel into two lots. She stated that the parcels do meet the requirements of the zoning district. Ms. Dacy stated that the Planning Commission has recommended approval of this lot split; and if it is approved, it is recommended the resolution be adopted so that the split can be recorded at the County. Councilman Schneider stated that he does not have a problem with the lot split, but he noticed there were a number of vehicles parked along the side of Mr. Olson's home. � Mr. Olson stated that he has a plumbing business, that he has several trucks and that the bobcat on the premises has been used for clearing snow. Councilman Schneider asked if these vehicles could be shielded from public view. Ms. Dacy stated that it is unusual to find a bobcat parked in a residential area. She stated that in an R-1 zoning district, if there is exterior storage, it has to be screened from the public right-of-way. Councilman Schneider stated that he would like staff to check into this further to see if something could be worked out with the property owner. MOTION by Councilman Schneider to table this item to the next meeting, to direct staff to work with the property owner to determine if there are any violations relating to equipment storage, and attempt to come up with a plan to eliminate these problems. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. MOTI�N by Councilman Fitzpatrick to receive the minutes of the � Planing Commission Meeting of December 11, 1991. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. FRIDLEY CITY COUNCIL MEETING OF JANUARY 6, 1992 PAGE 13 � 9. RECEIVE AN ITEM FROM THE MINUTES OF THE APPEALS COMMISSION METING OF NOVEMBER 26. 1991: A. VARIANCE REQUEST. VAR #91-34, BY SAWHORSE DESIGNERS AND BUILDERS TO REDUCE THE SETBACK FROM THE NORMAL HIGH WATER LINE FROM 100 FEET TO 87.5 FEET. TO ALLOW THE CONSTRUCTION OF A THREE-SEASON PORCH ADDITION ON LOT 2. BLOCK 1, WALT HARRIEi2 FIRST ADDITION, THE SAME BEING 6492 RIVER VIEW TERRACE N.E.: MOTION by Councilman Fitzpatrick to concur with the recommendation of the Appeals Commission and grant Variance Request, VAR #91-34 to reduce the setback from the normal high water line from 1D0 feet to 87.5 feet. Seconded ]�y Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 10. APPROVAL OF APPLICATION FOR A TRAILER LICENSE AT FRIENDLY CHEVROLET, GENERALLY LOCATED AT 75Q1 HIGHWAY 65 N.E.: Ms. Dacy, Community Development Director, stated that Friendly Chevrolet is requesting approval of a house trailer license to replace the previous manufactured home which burned. She stated that Council approved a license for a house trailer for Viking Chevrolet for a two-year period on May 17, 1982; however, they did ' not £ormally apply for an extension in 1984. She stated that, therefore, the previous structure was on site without a license for seven years. Ms. Dacy stated that Roger Moody, President of Friendly Chevrolet, has indicated he thought the manufactured home was approved by the City when Friendly Chevrolet bought the property. She stated that Friendly Chevrolet wants the trailer home for five years to use as a training facility. Mr. Moody, President of Friendly Chevrolet, stated that he assumed they did not have a problem, as the trailer was installed in 1982. He stated that had he known there would be a problem, they would not have ordered the trailer home. He stated that their plans are to add on to the existing building in five years. Councilman Schneider stated that he would be willing to approve the trailer license for a two-year period with an annual review by Council. MOTION by Councilman Schneider to grant a mobile home trailer license for two years to Friendly Chevrolet, with an annual review by the Council. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. � 1 FRIDLEY CITY COUNCIL MEETING OF JANUARY 6. 1992 PAGE 14 11. VARIANCE REOUEST TO THE FIRE CODE TO PERMIT INSTALLATION OF A 10.000 GALLON ABOVE GROUND FUEL STORAGE TANK AT TARGET DISTRIBUTION CENTER. GENERALLY LOCATED AT 1090 73RD AVENUE N.E. MoTION by Councilman Billings to approve the variance request by Target to the Uniform Fire Code to permit a 10,000 gallon above- ground fuel storage tank, with the following stipulations: (1) install intermediate vehicle barricades at max of 4 feet on center distance apart, and four corner bollards, to protect the tank. Specs to be same as for dispenser islands (T.S. 13.0); (2) provide a total of 100 gallons in 5 gallon containers of AFFF 3/6 percent Class B foam, in lieu of the 50 gallons specified in T.S. 20.0; and (3) have available in the maintenance building a sealing mat designed to seal the storm sewer manhole cover grate which services the area for run off water, and provide a lock box with entry key to permit Fire Department access to the maintenance buildinq. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 12. AWARD CONTRACT TO DESIGN WELL NO. 13. CONVERSION PROJECT N0. 230: Mr. Flora, Public Works Director, stated that in the 1992 Capital � Improvement Plan costs have been identified to convert the existing gas-powered engine to an electrical driven motor for Well No. 13. He stated that with this conversion, more water can be produced economically and help maintain proper supply to the industrial areas south of I-694. Mr. Flora stated that cost proposals have been requested from three engineering firms to prepare plans, specifications, engineering construction services, etc. He stated that TKDA Engineering submitted the lowest proposal in the amount of $7,000 for the services needed to complete this project. He stated that it is recommended TKDA be hired to complete the engineering phase so that the project can be bid. MOTION by Councilman Billings to receive the following proposals for Well No. 13 conversion, Project No. 230: Company Base Price Less Ventil./Louvers Total HNTB TKDA Bonestroo $12,75D $ 7,500 $ 9,000 ($600) ($500) $12, L50 $ 7r� • ��� � Further, to authorize the retention of TKDA to conduct the design work Por the conversion of We11 No. 13. Seconded by Councilman FRIDLEY CITY COUNCIL MEETING OF JANDARY 6, 1992 PAGE 15 � Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 13. APPROVAL OF CHANGE ORDER NO. 3 FOR SKYWOOD LANE WATER EXTENSION PROJECT NO. 220: MOTION by Councilman Fitzpatrick to authorize Change Order No. 3 to the Skywood Lane Water Extension Project No. 220 with Northdale Construction Company, Inc. in the amount of $1,261.78. Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 14. APPROVAL OF CHANGE ORDER NO. 1, 61ST AVENUE SANITARY SEWER REPAIR, PROJECT NO. 225: MOTION by Councilman Fitzpatrick to authorize Change Order No. 1 to the 61st Avenue Sanitary Sewer Repair Project No. 225 with Northdale Construction Company, Inc., in the amount of $2,756.08. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 15. RESOLUTION N0. 6-1992 ORDERING IMPROVEMENT, APPROVAL OF PLANS AND ORDERING ADVERTISEMENT FOR BIDS: CORRIDOR MAINTENANCE PROJECT NO. 227: � MOTION by Councilman Fitzpatrick to adopt Resolution No. 6-1992. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 16. RESOLUTION NO. 7-1992 ORDERING ADVERTISEMENT FOR BIDS; REMOVAL AND REPLACEMENT OF MISCELLANEOUS CONCRETE CURB, GUTTER AND SIDEWALK - 1992 PROJECT N0. 231: MOTION by Councilman Billings to adopt Resolution No. 7-1992. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 17. RESOLUTION NO. 8-1992 IMPOSING LOAD LIMITS ON PUBLIC STREETS AND HIGHWAYS IN THE CITY OF FRIDLEY, MINNESOTA: MOTION by Councilman Schneider to adopt Resolution No. 8-1992. Seconded by Councilwoman Jorgenson. upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 18. 1992 CITY COUNCIL APPOINTMENTS TO DIFFERENT AGENCIES: AND LIST OF COMMISSION MEMBERS WHOSE TERMS EXPIRE APRIL l, 1992, AND JUNE 9. 1992: � Mavor Pro Tem: MOTION by Councilman Billings to nominate Councilman Schneider for Mayor Pro Tem for 1992. Seconded by Councilman Fitzpatrick. � � � FRIDLEY CITY COUNCIL MEETING OF JANUARY 6, 1992 PAGE 16 There beinq no further nominations, Mayor Nee declared the nominations were closed. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Anoka County Law Enforcement Council: MOTION by Councilman Fitzpatrick to nominate Councilwoman Jorgenson as Representative and Councilman Schneider as Alternate to the Anoka County Law Enforcement Council for 1992. Seconded by Councilman Schneider. There being no further nominations, Mayor Nee declared the nominations were closed. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Suburban Rate Authoritv: MoTION by Councilman Fitzpatrick to nominate John Flora as Representative and Mark Winson as Alternate to the Suburban Rate Authority for 1992. Seconded by Councilman Schneider. There being no further nominations, Mayor Nee declared the nominations were closed. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Association of Metrobolitan Municipalities: MOTION by Councilman Schneider to nominate Councilman Fitzpatrick as the Delegate and Councilwoman Jorgenson as the Alternate to the Association of Metropolitan Municipalities for 1992. There being no further nominations, Mayor Nee declared the nominations were closed and a unanimous ballot was cast for Councilman Fitzpatrick as Delegate and Councilwoman Jorgenson as Alternate to the Association of Metropolitan Municipalities. School District #14 Communitv School Advisorv Council: MOTION by Councilman Schneider to nominate Councilwoman Jorgenson as Representative to School District #14. There being no further nominations, Mayor Nee declared the nominations were closed and an unanimous ballot was cast for Councilwoman Jorgenson as Representative to School District #14. ' � � FRIDLEY CITY COUNCIL MEETING OF JANUARY 6, 1992 PAGE 17 School District #13 Reoresentative: Councilman Billings stated that he would not like to be reappointed, as he has a conflict with the meeting dates. MOTION by Councilman Fitzpatrick to nominate Councilman Schneider as Representative and Councilwoman Jorgenson as Alternate to School DiStriCt #13. There being no further nominations, Mayor Nee declared the nominations were closed and an unanimous ballot was cast for Councilman Schneider as Representative and Councilwoman Jorgenson as Alternate to School District #13. School District #16 Reoresentative: MOTION by Councilman Fitzpatrick to nominate Councilman Billings as Representative and Councilman Schneider as Alternate to School District #16. There being no further nominations, Mayor Nee declared the nominations were closed and an unanimous ballot was cast for Councilman Billings as Representative and Councilman Schneider as Alternate to School District #16. Leaaue of Minnesota Cities: MOTION by Councilwoman Jorgenson to nominate Councilman Fitzpatrick as Representative and Councilman Schneider as Alternate to the League of Minnesota Cities for 1992. There being no further nominations, Mayor Nee declared the nominations were closed and an unanimous ballot was cast for Councilman Fitzpatrick as Representative and Councilman Schneider as Alternate to the League of Minnesota Cities. North Metro Convention & Tourism Bureau: MOTION by Councilwoman Jorgenson to nominate William Hunt, Assistant to the City Manager, as Representative to the North Metro Convention & Tourism Bureau for 1992. There being no nominations were William Hunt as Tourism Bureau. further nominations, Mayor Nee declared the closed and an unanimous ballot was cast for Representative to the North Metro Convention & MOTION by Councilman Schneider to table the appointments of Commission members and request staff contact those members who terms will expire in 1992 to determine if they are interested in re-appointment. Seconded by Councilman Fitzpatrick. Upon a voice FRIDLEY CITY COUNCIL MEETINa OF JANUARY 6, 1992 PAGE 18 � vote, all voting aye, Mayor Nee declared the motion carried unanimously. ' 19. RESOLUTION NO. 9-1992 DESIGNATING DIRECTOR AND ALTERNATE DIRECTOR TO SUBURBAN RATE AUTHORITY: MOTION by Councilman Schneider to adopt Resolution No. 9-1992 appointing John Flora as Director and Mark Winson as Alternate Director to the Suburban Rate Authority. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 20. RESOLUTION NO. 10-1992 DESIGNATING AN OFFICIAL NEWSPAPER FOR THE YEAR 1992: MOTION by Councilman Schneider to adopt Resolution No. 10-1992. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 21. RESOLUTION NO. 11-1992 DESIGNATING OFFICIAL DEPOSITORIES AND SAFE DEPOSIT ACCESS FOR THE CITY OF FRIDLEY: MOTION by Councilman Billings to adopt Resolution No. 11-1992. Seconded by Councilman Schneider. Upon a voice vote, all votinq aye, Mayor Nee declared the motion carried unanimously. 22. INFORMAL STATUS REPORTS: Councilwoman Jorgenson asked that an informal status report be presented on Locke Lake at the next Council meeting. 23. APPOINTMENT: CITY EMPLOYEE: MOTION by Councilman Fitzpatrick to concur with the following appointment by the City Manager: Name Dawn Atwell Position Interpretive Specialist Exempt Range 3 Step 1 Starting Salarv $25,876.32 per year $2,156.36 per month Starting Date Jan. 7, 1992 ReAlaces Karen Shanberg Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Mr. Kirk, Director of Recreation and Natural Resources, stated that � Ms. Atwell has a Bachelor of Science degree from the University of Wisconsin, Stevens Point, with a major in biology and resource management. He stated that she has had approximately six years of � � � FRIDLEY CITY COUNCIL MEETING OF JANUARY 6, 1992 PAGE 19 full and part-time work experience, her latest position being with the Minnesota Zoo. He stated that she has also worked with both the Minnesota Department of Natural Resources and the Wisconsin Department of Natural Resources. Mr. Kirk stated that he felt Ms. Atwell will do an excellent job as Interpretive Specialist at the Nature Center. 24. CLAIMS• MOTION by Councilman Fitzpatrick to authorize payment of Claims No. A0862 through 40999. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 25. 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. 26. ESTIMATES: MOTION by Councilwoman Jorgenson to approve the estimates as submitted: Barna, Guzy & Steffen, Ltd. 400 Northtown Financial Plaza 200 Coon Rapids Boulevard Minneapolis, MN 55433 Services Rendered as City Attorney for the Month of November, 1991. ..... Newquist & Ekstrum, Chartered 301 Fridley Plaza Office Bldg. 6401 [Inivezsity Avenue N.E. Fridley, MN 55432 $ 4,813.50 Services Rendered as City Prosecuting Attorney for the Month of November, 1991 ..$ 7,917.00 HNTB 6700 France Avenue South Suite 260 Minneapolis, MN 55435 Construction Services; Water Tower No. 2 . . . . . . . . . . . . . . $ 2,042.9D �I L�� � FRIDLEY CITY COIINCIL MEETING OF JANUARY 6, 1992 PAGB 20 HNTB 6700 France Avenue South Suite 260 Minneapolis, MN 55435 Commons Park Water Tower Refurbishing . . . . . . . . . . . . . . . . $ 3,070.00 Northdale Construction Co., Inc. 14450 Northdale Boulevard Rogers, MN 55374 61st Avenue Sanitary Sewer Repair Project No. 225 Estimate No. 1 . . . . . . . . . . . . . . Northdale Construction Co., Inc. 14450 Northdale Boulevard Rogers, MN 55374 Skywood Lane Water Extension Projeat No. 220 Estimate No. 5 . . . . . . . . . . . Rainbow, Inc. 7324 36th Avenue North Minneapolis, MN 55427 Commons Park Water Tower Refurbishing Project No. 212 Estimate No. 5 . . . . . . . $26,907.45 $ 1,265.94 $85,970.25 Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. AA70URNMENT: MOTION by Councilman Schneider to adjourn the meeting. Seconded by Mayor Nee. 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 6, 1992 adjourned at 9:35 p.m. Respectfully submitted, Carole Haddad Secretary to the City Council � Approved: William J. Nee Mayor