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12/14/1992 - 00007769L� ' � 104 THE MINUTES OF THE REGULAR MEETING OF THE FRI➢LEY CITY COUNCIL OF DECEMBER 14, 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: APPROVAL OF MINUTES: Mayor Nee, Councilwoman Jorgenson, Councilman Billings and Councilman Schneider Councilman Fitzpatrick COUNCIL MEETING, DECEMBER 7, 1992: MOTION by Councilman Billings to approve the minutes as presented. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. ADOPTION OF AGENDA: The following items were added to the agenda: Item (4.1) Resolution to the Rice Creek Watershed District to Improve Locke Lake (Supersedes Resolution No. 52-1990) and Item 4, an additional City Employee Appointment. MOTION by Councilwoman Jorgenson to adopt the agenda with the above amendments. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. OPEN FORUM, VISITORS: Mr. Dave Yurkew, 3G0 57th Avenue, requested that Council consider a left turn only lane at 57th and University Avenues for traffic proceeding east on 57th Avenue and turning left on University. He stated that going west on 57th Avenue, there is a left turn lane at University Avenue, and he felt this should also apply on the east side of 57th Avenue. He stated that at least once a week someone almost hits his vehicle at this intersection. He also felt this interseotion was confusing for a lot of motorists. Councilman Billings stated that three governmental agencies are involved with this intersection; the county, state, and city. He stated that approval is needed from the state as University Avenue is a state highway. He said that the State Department of � � L�J 105 FRIDLEY CITY COUNCIL MEETING OF DECEMBER 14, 1992 PAGE 2 Transportation is in the process of installing new signalization on University Avenue from 37th to S5th Avenues, and this request could be reviewed in the planning process. He stated that Mr. Yurkew is not the only person who has mentioned this problem. Councilman Billings thanked Mr. Yurkew for bringing this to the Council's attention. PUBLIC AEARINGS: 1. PUBLIC HEARING ON AN ORDINANCE AMENDING CHAPTER 2 AND SECTION 4.04 OF THE FRIDLEY CITY CHARTER: MOTION by Councilwoman Jorgenson to waive the readinq of the public hearing notice and open the public hearing. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the public hearing opened at 7:43 p.m. Mr. Hunt, Assistant to the City Manager, stated that on October 26, 1992, the Charter Commission approved these amendments to Chapter 2 and Section 4.04 of the City Charter. He stated that this amendment process began several years ago in con�unction with filling vacancies on the Council. He stated that the Charter Commission met with the League of Women Voters and had a general consensus regarding the revisions to Chapter 2. Mr. Gordon Backlund, Chairman of the Charter Commission, stated that the Charter Commission is in the process of reviewing every chapter in the Charter and revising it to meet today's needs. He stated that this is one of the amendments that will be submitted over the next several months or years. He stated that probably the most important change is insuring that if there are vacancies within the Council during the period between elections, there is a mechanism for holding elections and making appointments. Mr. Backlund stated that the election for Mayor and Councilmember- at-Large would be held in the United States presidential election year, and the election for the Ward Councilmembers would be held during the gubernatorial election year. He stated that there was a lot of discussion and review with the League of Women Voters to determine how to vacancies which may occur. He stated that if a vacancy is declared to occur after July 1 but before October 1 of the fourth year of the term of office in question, the Council shall appoint by ma�ority vote a qualified citizen who is not a candidate for any municipal office in the general election in question. He stated that the intent is not to appoint someone who would run for office which may give them an advantage. Councilman Schneider asked if someone was appointed who indicated they did not want to run for office and then changed his mind and filed, would this result in a legal conflict? 106 FRIDLEY CITY COUNCIL MEETING OF DECEMBER 14, 1992 PAGE 3 � Mr. Backlund stated that it is possible it could be a problem, but the likelihood would be very slight. He felt that the Council would have a good idea whether the person they chose to appoint would run for office. Mr. Herrick stated that if this could result in a problem, perhaps the issue could be resolved by changing the July 1 date to July 20 or whenever Pilings would normally close in order to precluda the possibility of the appointed person filing for office. Mr. Backlund stated that this issue was discussed by the Charter Commission but not at length. He felt that July 1 was a critical date, but the Charter Commission could review this at a later date if it is a ma�or concern. Councilman Schneider felt that by changing the date to July 2o it would solve a potential problem. Councilman Sillings stated that, from the practical aspect, he would tend to agree with Mr. Backlund. He felt that if someone was appointed on or after July 1 with no intent of running for office, they would have to change their mind within two weeks in order to file for the Council seat. He felt that if this was done, it would not be advantageous to this person because he or she chanqed his � mind within a two week period. He stated that the dates for filing are set by the Minnesota State statutes and he does not know if the State would change those dates, Councilman Billinqs stated that the Charter Commission reviewed the July 1 date and determined it was a workable date. Mr. Hunt stated that the Charter Commission attempts to edit specific references to points of law. He stated that it only takes one change in the law, and the Charter needs to be amended. He stated that the Council has some control over the time frame in which they declare that a vacancy exists. He stated that even if �he Council met on the first of July, they could make an appointment after the filings are closed. Councilman Billings stated that Section 2.02 specifies when the Mayor and Councilmember-at-Large are elected and when the Ward Councilmembers are eleoted, and he thought the intent was to make the Charter independent of changes made by the Federal and State governments. He stated that if the Governor's term of office is changed, the Charter will again have to be amended. He asked if this was discussed by the Charter Commission. Mr. Backlund stated that it was discussed; however, part of the Charter's function is to make it clear and easy for the general public to understand. He stated that when the Council elections � are tied to the presidential and gubernatorial elections it is very straight farwa�d. la� FRIDLEY CITY COUNCIL MEETING OF DECEMBER 14, 1992 PAGE 4 ' Councilman Billings stated that under Section 2.04, subsection 2, he felt the word "such" should be changed to "that" making it easier to read. Mr. Sacklund stated that this could be corrected. Councilman Billings asked if Section 2.01, subsection 3, was consistent with the State statute. He felt that the word "local" may cover a broader area than "City." He felt that this language should be reviewed by the attorney to make sure it is consistent with the State statute. Mr. Herrick, City Attorney, questioned if perhaps additional wording should be added to Section 2.�1, subsection 3, to include the words "or by City ordinance" after the first sentence. Mr. Backlund stated that he did not know if the Charter would have to refer to a documettt. He stated that the Constitution does not refer to the statutes per se, but he stands on its own, and to that extent, the Charter would stand on its own. Councilman Billings stated that the other area of concern is redistricting. He asked if the language added under Section 2.04, subsection 3 and deleted in subsection 4, referring to the � decennial census, ties these two together or if they were really separate sections. Mr. Backlund stated that Section 2.04, subsection 3, provides that the boundaries of the three wards shall be redetermined £rom time to time and after each decennial census of the United States. He stated that Section 2.04, subsection 4, provides the redetermination of ward boundaries shall be accomplished within that deadlines established by Minnesota law. Councilman Billings stated that the previous language in Section 2.04, subsection 3, did not include any reference to the decennial census. He stated that it is not clear if the changes in subsections 3 and 4 clarify what must be done or confuse the issue. He stated that he is not requesting a response this evening, but he wanted to address this issue during the public hearing process. Mr. Backlund stated that under Section 2.04, subsection 3, the Council has to redistrict after each decennial census of the United States and can do it more often at the Council's discretion. He stated that Section 2.04, subsection 4, outlines the process to be followed to accomplish the redistricting. He stated that the only change was to add the language referring to deadlines. � Councilman Schneider stated that in the existing Charter there were rao d�adline�, and thi6 proposed amendment states that redistricting has to be done within the deadlines established by Minnesota law. � � 1 108 FRIDLEY CITY COUNCIL MEETING OF DECEMBER 14, 1992 PAGE 5 Mr. Hunt stated that perhaps the word "deadline" is not the best term to use; however, there are some restrictions on the Council's ability to redistrict in the later years of the decade. Mr. Backlund stated that the general intent was that redistricting had to be done at certain times and fall within the statutes. Councilman Billings stated that the language deleted in subsection 4 and added to subsection 3 is not clear, and he feels it should be changed. He stated that he has no problem with the new language proposed in subsection 4, but he does have a problem with deleting lanquage in subsection 4 and adding it to subsection 3. Mayor Nee stated he would agree that the added language proposed for subsection 3 be included in this amendment, but it also should not be deleted in subsection 4. Councilwoman Jorgenson requested clarification of Section 2.06, subsection 6, and asked if the Councilmember-at-Large could file for the Mayor's seat. Mr. Backlund stated that this could be done. No other persons in the audience spoke regardinq these proposed Charter amendments. MOTION by Councilman Schneider to close the public hearing. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the public hearing closed at 8:43 p.m. Mr. Backlund stated that if the Council has comments or concerns to pass them on to the Charter Commission as there is no reason why they cannot look at these for future amendments. Councilman 5chneider stated that if a vote were taken this evening, he would not be in favor of tha amendments. He asked what the time period is for taking action on these amendments. Mr. Backlund stated that part of the process for the Charter Commission 1s a continuing public review. He stated that the options are to bring this back in a reasonable time frame or to submit it to the voters. Mayor Nee thanked Mr. Backlund and stated appreciated the Charter Commission's work, that the Council � ' � 109 FRIDLEY CITY COUNCIL MEETING OF DECEMBER 14, 1992 PAGE 6 2. PUBLIC HEARING ON A PRELIMINARY PLAT REQUEST, P.S. #92-07, DOWDS ADDITION. BY GLACIER PARK COMPANY, TO REPLAT PROPERTY GENERALLY LOCATED AT THE 4000 BLOCK OF EAST RIVER ROAD: MOTION by Councilman Schneider to waive the reading of the public hearing notice and open the public hearing. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the public hearing opened at 8:45 p.m. Ms. Dacy, Community Development Director, stated that this public hearing was continued from the November 20, 1992 Council meeting. She stated that the property is located on the east side of East River Road south of the intersection of 44th Avenue. She stated that the property is used by the Salvage Center for parking. Ms. Dacy stated that the main building of the auto recovery site is located to the south of this parcel. Ms. Dacy stated that the petitioner, Mr. Dowds, leased the property from the Burlington Northern Railroad; however, several years ago the railroad sold most of their holdings to Glacier Park. She stated that a deed was filed at the County, but the Auditor's Office noted that it did not have the appropriate subdivision stamp from the City. She stated that an auction was conducted for this property, and Mr. Dowds souqht to purchase the parcel and is in the process of acquiring the property from Glacier Park. Ms. Dacy stated that the purpose of the preliminary plat is to eliminate the metes and bounds description and plat this into a separate lot. She stated that since the Planning Commission meeting, several events have affected staf£'s recammendation. She stated that the property owner is concerned that the site may be affected by underground contamination from the railroad yards to the east. She stated that the petitioner would prefer not to combine the parcel with the property to the south in order to protect the existing mortgage and financing. She stated that this plat would make the lot area 2,500 square feet below the lot area requirements. She stated that the railroad thinks there may be additional property along the lot line to rectify the lot area problem. She stated that if that is the case, a variance would not be needed. Ms. Dacy stated that the parcel is 100 feet at the north end, 145 feet at the south end, and the extra property is along the east lot line between the existing parcel and the railroad line. She stated that the property is fenced, but the location of the fence does not match with the lot line. She stated that the petitioner is working with the railroad to see if the additional property can be incorporated into the parcel so a variance would not be needed. Ms. Dacy stated that to fyrther cqmplzcat�r tt]e matter, Mx� �r�W�Is received a letter from the attorneys for Glacier Park stating that 110 FRIDLEY CITY COUNCIL MEETING OF DECEMBER 14, 1992 PAGE 7 � they are no longer working with them and that the company is dissolved. Ms. Dacy stated that the other issue is the park dedication fee. She stated that staff is recommending that if a building is constructed on the property, that the park fee be assessed at the time of the issuance of the building permit. Ms. Dacy stated that the advantage of platting the property simplifies the description and formally creates the parcel. She stated that the petitioner will have to work with the railroad to try and obtain additional property to be included in the plat. Councilwoman Jorgenson asked about the pollution problem. Mr. Dowds stated that there is a culvert under the property which serves as a drain for the Northtown railroad yard, and there are liquids flowing under the property. He stated that somethinq would probably have to be done about this problem. Mr. Dowds stated that what he was sold did not match the legal description. He stated that he spent $30,000 for environmental studies to clean up his existing property. He stated that his title insurance company told him he had no platting problems. � Mr. Herrick, City Attorney, asked if the culvert flows into the Minneapolis Waterworks. Mr. Dowds stated that it is flowing into the County ditch to the north and into the ground. Councilwoman Jorgenson asked Mr. Dowds if the vehicles are stored on an asphalt surface. Mr. Dowds stated that the parking lot area surface is crushed rock. He stated that they do not remove cars from the scene of an accident. He stated that they went through the Environmental Protection Agency, and they are axempt because the cars have been stored elsewhere before they receive them and go out whole to the buyer. No other persons in the audience spoke regarding this preliminary plat. MOTION by Councilwoman Jorgenson to close the public hearing. Seconded by Councilman Billings. Upon a voice vote, all votzng aye, Mayor Nee declared the motion carried unanimously and the public hearing closed at 9:02 p.m. � The Council requested that staff check into this pollution problem. II� , ' 111 FRIDLEY CITY COUNCIL MEETING OF DECEMBER 14, 1992 PAGE 8 OLD BUSINESS• 3. ORDINANCE N0. 1006 TO AMEND THE CITY CODE OF THE CITY OF FRIDLEY, MINNESOTA, BY MAKING A CHANGE IN ZONING DISTRICTS: MOTION by Councilman Schneider to waive the reading of Ordinance No. 1006 and adopt it on the second reading and order publication. Seconded by Councilwoman Jorgenson. Upon a voice vote, all votinq aye, Mayor Nee declared the motion carried unanimously. NEW BUSINESS• 4. APPOINTMENTS: CITY EMPLOYEES: Mr. Hunt, Assistant to the City Manager, requested Council's concurrence with two appointments by the City Manager. Mr. Aunt stated that the first appointment is for the Accountant position, and it is recommended that Craig Ellestad be appointed to £ill the vacancy created by the promotion of Paul Hansen to Staff Accountant. He stated that there were 180 candidates for this position and seven were interviewed. He reviewed Mr. Ellestad's background and qualifications for this position. MOTION by Councilwoman Jorgenson to concur with the following appointment by the City Manager: Name Position Craig Accountant Ellestad Exempt Starting Salarv $25,975.00 per year $2,164.63 per month Range 3 Starting Date Dec. 28, 1992 Replaces Paul Hansen Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Mr. Hunt stated that the second appointment is for the Accounting/Data Processing Clerk, and it is recommended Walter Cole be appointed to fill the vacancy created by Elsie Hanscom's retirement. He stated that there were over four hundred candidates for this position end ten were interviewed. He stated that Susan Irber should be recognized, because it took her a great deal of time to review all the applications. Mr. Hunt reviewed Mr. Cole's background and qualifications for this position. ' � � 112 FRIDLEY CITY COUNCIL MEETING OF DECEMBER 14, 1992 PAGE 9 MOTION by Councilman Schneider to concur wlth the following appointment by the City Manager: Name Walter Cole Position Accounting/ Data Proc. Clerk Non- exempt Starting Salarv $9.63 per hour $20,196.85 per year Grade p Starting Date Dec. 28, 1992 Replaces Elsie Hanscom Seconded by Councilwoman Sorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 4.1 RESOLUTION N0. 101-1992 TO THE RICE CREEK WATERSHED DISTRTCT TO IMPROVE LOCKE LAKE (SUPERSEDES RESOLUTION NO. 52-19901: Mr. Flora, Public Works Director, stated that at the December 5, 1992 Rice Creek Watershed District meeting, the Board of Managers approved a resolution to establish an ad valorem pro�ect for Locke Lake in the amount of $800,000 for sediment removal and the construction of a sedimentation basin. He stated that they agreed to return the petition the City submitted in 1990 and requested a new petition in conformance with the provisions of the two resolutions the Watershed District has prepared in regard to the $588,000 project and the $800,000 pro�ect. Mr. Flora stated that staff feels this resolution will satisfy the Rice Creek Watershed District's requirements and allow the District to proceed with their two resolutions regarding Locke Lake, those being an agreement to do a project ad valorem for $588,000 and also to amend the Water Resource Management Plan for a$800,000 project for Locke Lake. MOTION by Councilwoman Jorgenson to adopt Resolution No. 101-1992. Seconded by Councilman Schneider. Councilman Schneider asked if this resolution impacts the City's right to appeal. Mr. Flora stated that in discussing the action taken by the Rice Creek Watershed District with the attorney for the Board of Water & Soil Resources (BWSR), there is confusion as to what Minnesota statute the Watershed District is operating under, 103B or 103D. He stated that due to this confusion, the attorney for BWSR feels there is an appeal deadline of 30 days; therefore, an appeal should probably be sent to BWSR before this deadline expires. He stated that a letter has been drafted which the Mayor may wish to execute for this appeal. 113 FRIDLEY CITY COUNCIL MEETING OF DECEMHER 14, 1992 PAGE 10 � Ms. Ann Bolkoom, 6821 Hickory Street, stated that she does not understand why the City is responding to the Watershed District's request. She stated that it sounds like the City is instructing them to do the project for $588,000 and then it would be appealed. Mr. Flora stated that the Rice Creek Watershed District's Board of Managers indicated they would not proceed until they receive a resolution and petition from the City. Councilwoman Jorgenson stated that in order to keep the Watershed District moving forward, the City needs to submit the resolution and petition, but the City will keep all the legal options open. Ms. Mary Vasecka, 6909 Hickory Drive, stated that she could not understand why the $588,000 figure had to be included in the resolution. Mr. Aerrick, City Attorney, stated that to his recollection the Watershed District wanted the City to return a petition but did not say anything about a resolution. Mr. Flora stated that they want the City to return the petition which was submitted by resolution. � Mr. Herrick felt that the Watershed District's request would be met if the City submitted the petition, referred to as Exhibit A, with a letter of transmittal, and not send the resolution. Mr. Flora stated that in the original resolution there is reference to Appendix A which is the petition. Ms. Bolkcom felt that by adopting this resolution, it seems the City is agreeing to the $588,000. She stated that at the December 9, 1992 Rice Creek Watershed District meeting, the Board of Managers stated that the City had to come back with a new petition and for any amount over $588,000 there would have to be some plan for matching funds. Mr. Herrzck stated that the 509 Plan is part of Minnesota statute 103B and specifically states the Board of Managers can implement that without a petition. He stated that an appeal can be filed with BWSR if the Watershed District does not implement what was adopted in their plan. He stated that if the City appeals to BWSR, the appeal should be under both Minnesota statutes 103B and 103D. Mr. Herrick stated that he would like to leave the possibility of future negotiations with the Board of Managers open and preserve the City's right to appeal. He felt that a letter should be sent to the Board of Managers indicating that the City has appealed in � order to protect their riqhts, but he hopes to work out a satisfactory arrangement with them. 114 FRIDLEY CITY COUNCIL MEETING QF DECEMBER 14. 1992 PAGE il ' Mr. Herrick felt that perhaps the resolution could be clarified by adding some additional wording pertaininq to the $800,000 fiqure as approved in the amended plan. Mayor Nee asked why the reference to the $588,000 could not be eliminated from the resolution. Mr. Herrick stated that this just outlines the history, but he felt the City is petitioning the Watershed District to spend up to $800,000. He suggested that additional wording be added that the City Council petitions the Rice Creek Watershed District to proceed with the project and invest a sum of $800,000 as approved in its amended Water Resource Management Plan. MOTION by Councilwoman Sorgenson to amend Resolution No. 101-1992 by adding the following as paragraph 11 to read as follows: "BE IT FURTHER RESOLVED that the City Council petitions the Rice Creek Watershed District to proceed with the project and invest a sum of $800,0000 as approved in its amended Water Resource Management Plan. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. UPON A VOICE VOTE TAKEN �N THE MAIN MOTION TO ADOPT RESOLUTION NO. 101-1992, all voted aye, and Mayor Nee declared the motion carried � unanimously. MoTION by Councilman Schneider to direct staff to prepare an appeal to the Board of Water and Soil Resources (BWSR) and request them to enforce the Water Resource Management Plan of the Rice Creek Watershed District. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Councilman Schneider asked Mr. Herrick if he knew the cost to appeal to the Board of Water and Soil Resources. Mr. Herrick stated that he felt the cost of the proceedings would be about $5,OD0 to $7,500. MOTION by Councilwoman Jorgenson to instruct the City Attorney's Office to send a letter to the Rice Creek Watershed District to advise them the City is examining all the alternatives and does not wish to waive their right to have the Board of Water and Soil Resources review this matter. Seconded by Councilman Schneider. Upon a voice vote, all votinq aye, Mayor Nee declared the motion carried unanimously. 5. RESOLUTION IN SUPPORT OF AN APPLICATION FOR A MINNESOTA LAWFUL GAMBLING PREMISE PERMIT TO TOTINO-GRACE HIGH SCHOOL: � Councilwoman Jorgenson asked if a lawful gambling permit could be issued for a business establishment which does not sell alcoholic beverages. � � � 115 FRIDLEY CITY COUNCIL MEETING OF DECEMBER 19, 1992 PAGE 12 Mr. Pribyl, Finance Director, stated that in reviewing the liquor ordinance with the Police Chief and State gambling officials, these permits are allowed in non-alcoholic establishments. Councilwoman Jorgenson stated that she would prefer not to allow charitable gambling in such establishments as grocery stores, restaurants, etc. where children are permitted with their parents. Mr. Pribyl stated that Council had extensive discussion when charitable gambling began but this was prior to the lottery. He stated that it is Council's decision whether or not they wish to approve this permit. Councilwoman Jorgenson stated that she is not opposed to Totino- Grace having charitable gambling, but she is opposed to pull-tabs in non-alcoholic establishments in the City. MOTION by Councilman Sillings to adopt this resolution. Seconded by Councilman Schneider. MOTION by Councilman Billings to table this item for a staff report. Seconded by Councilman Schneider. Councilman Bi�lings stated that he felt this request does require the Council to re-evaluate their position because, in the past charitable gambling has only been allowed in liquor establishments. UPON A VOICE VOTE TAKEN ON THE ABOVE MOTION TO TABLE, all voted aye, and Mayor Nee declared the motion carried unanimously. 6. RECEIVE AN ITEM FROM THE APPEALS COMMISSION MEETING OF DECEMBER 1, 1992: A. VARIANCE REQUEST, VAR #92-25, BY UNIVERSAL SIGN COMPANY FOR GRACE EVANGELICAL FREE CHURCH, TO INCREASE THE MAXIMUM SIZE OF A SIGN FROM 32 S9UARE FEET TO 40 SQUARE FEET; TO REDUCE THE SETBACK OF A SIGN FROM THE PROPERTY LINE FROM 10 FEET TO 0 FEET; ALL TO ALLOW THE CONSTRUCTION OF A FREE STANDING SIGN, GENERALLY LOCATED AT 755 73RD AVENUE N.E.: Ms. Dacy, Community Development Director, stated that this is a request for a variance to increase the maxim size of a sign from 32 square feet to 40 square feet and another variance to reduce the setback of a sign from the property line from 10 feet to 0 feet. Ms. Dacy stated that the Appeals Commission unanimously recommended denial of the variance on the sign area and recommended denial of the setback by a 3 to 2 vote. Mr. Greq Donnelly, 7436 Melody Drive, stated that the church has decided not to appeal the App2als Commissian's recnmmendation for 116 FRIDLEY CITY COUNCIL MEETING OF DECEMBER 14, 1992 PAGE 13 � denial to increase the sign area, but would like the Council to consider the variance to reduce the setback from 10 feet to 0 feet. Ms. Dacy stated that the edge of the sign would be 10 feet from the property line or 20 feet from the curb. She stated that the sign itself would span all the way to the curb line of the church's parking area. Mr. Roland Peterson, 235 Craigbrook Way, stated that if the setback is met, the sign would be right against the curb which poses a problem with snow removal. Mr. Donnelly stated that he talked to one resident, and that resident did not have any problem with the variance. He stated that, originally, he thought the sign would be right against the street curb. Councilman Billings stated that if the sign was centered in the boulevard it would be placed 12 feet from the curb and the church's parking lot as well. MoTION by Councilman Billings to deny that portion of Variance Request, VAR #92-25 relating to the variance to increase the maximum size of a sign from 32 square feet to 40 square feet. � Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. MOTION by Councilman Billings to grant that portion of Variance Request, VAR #92-25 to reduce the setback of a sign from the property line from 10 feet to 0 feet, with the following stipulations: (1) the variance shall remain in effective 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 alternations; (b) the supporting structure of the slgn is replaced or remodeled; (c) the face of the sign is replaced or remodeled: (d) the sign becomes dilapidated or damaged and the cost of bringing it into compliance is more than fifty percent (50%) of the value of said sign, at which time all of the sign and its structure be removed; and (e) notwithstanding subparagraph (a) above, upon the change of the name of the business being displayed on this sign. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 7. ESTABLISH A PUBLIC HEARING FOR JANUARY 4, 1993. TO CONSIDER THE 1993 COMMUNITY DEVELOPMENT BLOCK GRANT APPLICATION AND THE REALLOCATION OF 1991 AND 1992 COMMiJNITY DEVELOPMENT BLOCK GRANT FUNDS TO THE HOUSING REHABILITATION PROGRAM: � MOTION by Councilman Schneider to set �he public hearinq regarding these Community Development Block Grant funds for January 4, 1993. 117 FRIDLEY CITY COONCIL MEETING OF DECEMBER 14, 1992 PAGE 14 � Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 8. RESOLUTION NO. 102-1992 AUTHORIZING AN INCREASE IN COMPENSATION FOR FRIDLEY CITY EMPLOYEES FOR THE 1993 CALENDAR YEAR: Mr. Hunt, Assistant to the City Manager, stated that a general increase of three percent is proposed for employee salaries. He stated that for those employees eligible for the health benefit who choose family coverage a maximum contribution of $295.00 per month is proposed, and for those employees who choose single coverage a maximum contribution of $2D5.00/month is proposed. He stated that an increase of three percent for automobile allowances is recommended. MOTION by Councilman Schneider to adopt Resolution No. 102-1992. Seconded by Councilwoman Jorgenson. Councilwoman Jorgenson asked if contract negotiations with the bargaining units have been settled. Mr. Hunt stated that none of these contract negotiations have been settled. � UPON A VOICE VOTE TAKEN ON THE ABOVE MOTION, all voted aye, and Mayor Nee declared the motion carried unanimously. 9. APPROVE AGREEMENT FOR LEGAL SERVICES BETWEEN THE CITY OF FRIDLEY AND BARNA, GUZY & STEFFEN, LTD. FOR CITY ATTORNEY SERVICES• Mr. Burns, City Manager, stated it is recommended that the Council approve this contract with Barna, Guzy & Steffen, Ltd. for legal services. He reviewed the terms of the agreement and the services covered, the responsibility of attorneys and staff, and the fees. He stated that the attorney's fee of $85Jhour and $60Jhour for paralegals is the current rate. He stated that this year's contract includes a conflict of interest clause. MOTION by Councilman Schneider to authorize the City Manager to enter into this oontract with Barna, Guzy & Steffen, Ltd. for legal services. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 10. INFORMAL STATUS REPORTS: Mr. Burns, City Manager, stated that there were no iniormal status reports. � -------------- � � � 118 FRIDLEY CITY COUNCIL MEETING OF DECEMBER 14, 1992 PAGE 15 11. CLAIM5' MOTION by Councilwoman Jorgenson to authorize payment of Claim Nos. 46820 through 46968. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 12. LICENSES• MOTION by Councilman Billings to approve the licenses as submltted and as on file in the License Clerk's Of£ice. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 13. ESTIMATES• MOTION by Councilman Schneider to approve the estimates as submrtted : Park Construction Co. 7900 Beech Street N.E. Minneapolis, MN 55432 Stonybrook Creek Diversion Pro�ect No. 229 FINAL ESTIMATE . . . . . . . . . . . . . . Earl Weikle & Sons, Inc. 2514 - 24th Avenue South Minneapolis, MN 55406 Moore Lake Beach House Pro�ect No. 233 FINAL ESTIMATE . . . . . . . . . . . . . . Little League Park Building Project No. 234 FINAL ESTIMATE . . . . . . . Barna, Guzy & Steffen, Ltd. 400 Northtown Financial Plaza 200 Coon Rapids Boulevard Coon Rapids, MN 55433 Statement for Services Rendered as City Attorney for the Month of November, 1992. . . . . . . $ 6,532.50 $22,979.00 $ 1,779.00 $ 2,300.89 � � � 119 FRIDLEY CITY COUNCIL MEETING OF DECEMBER 14, 1992 PAGE 16 Newquist & Ekstrum, Chartered 301 Fridley Plaza Office Building 6401 University Avenue N.E. Fridley, MN 55432 Statement for Sezvices Rendered as Crty Prosecuting Attorney for the Month of November, 1992. ... $ 8,803.00 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 Councilman Billings. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the Regular Meeting of the Fridley City Council of December 14, 1992 ad�ourned at 10:18 p.m. Respectfully submitted, Carole Haddad Secretary to the City Council Approved: William J. Nee Mayor