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10/15/1984 - 00012123ei%"sY L,,�ij 1 THE MINUTES OF THE RD[;[TLAR P�'TING OF THE F'RTDLEY ITY TNCI OF OCi1�BER 15. 1984 T�rie Regular Nieetinq of the Fridley City Council was called to order at 7:33 p.m, by Mayor P1ee. YLIDG� OF ALLE�7ANCE: Mayor Nee led the Cr�uncil and aucEience in the Pledge of A1legiance to the Flaa,. RGLL CALL� • MEMBERS FFcE�SENT: MMaycr Nee, Councilman Fitzpatrick, CouncilnUan Schneider and Councilman Barnette MEN43LRS ABSENT: PROC[,AP7ATION: Councilman Hamerruk CPSLEPSY MONTEI. PIOVENI�CR. 1984: Mayor Nee stated a proclamation wi11 be issued declaring the month of n�ov�nber, 1984 as Epilepsy P�fonth. He stated the purpose oE the proclamation �.s to uLge citizens to �oin with the Epilepsy League to learn moxe about epi'lepsy so tl�ese persons can take their rightful place in the stream of socie�y, APPP,t�VAL OF P7INUTES: COUIVCIL b'fEE'['ING, OC."iOBER 1. 1984: PTOTION by Councilman Pitz�atrick to approve the rninutes as presented. Seconded by Councilrnan Harnette, Upon a voice vote, all voting aye, tlayor Nec declared the raation carried unammously. ADOPTION OF AGENDF,� Cauncilman Sci7neider requesteci the follaaing item be added to the agenda: Receiv�ng P.eport �rcrn Stati on tl�e Creek Ridge Plat. MOTIOIV by Councilman Barnette to adopt tlze agenda with the above addition. 5econded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor I�ee declarcd the motion carried unarumously. OPEN FORUNi, VISIT(7RS: Tliere w�s no response from the audience under this item of business. PC]3LIC IIE7�RINGS: PUPLIC HEA1tiNG ON ^1I3E ISSUANCE OF A REG77�AR ON-SALE LIOUOP LICENSE TO MR. ST�AIZ IN FRIDLEY 5895 CTNIVERSTIY AVEAIJE N E � -1- � � � �� 1� _NI_'JJ \. _ � _ � 4�� _ �___ _ ' � � MOTION by Councilrnan Fitzp�trick to waive the reading oi tne public heara.ng notice and open the public hearing. Seconded by Cr�uncilman Schneider. U�on a voice vote, all voting aye, P�ayor Nee declared the motion carried unam.mously and the public hearing openec� at 7:3& p.m. Mr. Inman, City Clerk, stateci the Council has inEormation before them regarding this application for a liquor license for Air. Steak. Fle stated the staff's reconmendation would be approval of- the applicatian. � No persons in the audience spolte regarding the LrarESfer of- this liquor license to P�r. Steak of Deriver who acquired the Friclley irancYtlse. P'1�TTON by Councilnan Fitz�trick to close 1.he public hearing. Seconcled by Councilman Barnette. Upon a voice vote, all voting aye, P�layor Nee Ueclarea the motion carried unanunously and the public hearir_g closed at 7:40 �.m. OLD BUSINESS: 2. CONSIDERATION OF VARIANCE REOUEST 'ii� REIXICE TH� SIDE YARD SETBACK A^1 5900 MAIN STREET N. E. BY GERAI�D H. JOHNSON (T�L�D 9/24/8�): Mr. Flora, Public Works Director, stated Johnson vdocct Products at 5900 rnain Street is proposing an addition to their existing struc�ture and, in order to line up the exterior walls, th�y are rec;uesting a variance irom the sicie yard setback of 20 feet to 5 feet. Mr. Flora stated, at the last meeting, it was suggested the property owner acquire additional property to the south from L1�e Burlington Northerr� Railroad in order to meet the setback xequirement, I3e stateci staif has written a letter to Burlington Northern and, in following ul� thas conmiunication, have not been able to trace the leLter or get any �ositive resp�nse to the question raised. He stated it ap�ars possible the Railroacl may split off 15 feet, haaever, the time ir�1e could be excessively long. � Mr. Flora stated staff felt it would be ���ropriate to approve the car�ance with the stipulation that Johnson Wood Proaucts work diligently with Burlington Northern to acquire the necessary 15 feet. Mayor Nee statecl he didn't feel this variance sati�fies the criteria fcr issuing a variance since there is land that could be purchased in order to meet the setback requiranents, Mr. Herrick stated the critena for a variance is that there is a narCShip unique to the property anci that no reasa�abie use car. be rnade of the pro�rty without the variance. He stated there is zlso another tesL and that is the problem is not to have been created by the owner uf the property. He stated he didn't know if the or�ginal problem was cre�ted by this owner or whether the property was acqu�rec7 by r,im. Mr. Gerald Johnson, owner of the property, stated the buildinq was constructed originally in the late 1960's. He stateU he didn't build at and can assure the Council he did not move the builcU.ng Prom its original site -2- �� N e} 7 u�i COUNCIL MEETING OF OC,�BER 15 1984 of constructlon. He sLated he has owned the buildinq for five years and went through d7e norm�ti procedures of a title search when it was purchased, and iound no indicatlon there was as�y violation or any law circumvented in any way. He stated he Lad no idea who originally approved the f ive foot setback on the soutri pxo�rty line, but suspected it was apprwed by the Cr�uncil at one Lime or ��other. He stated he hoped the Council wouldn't penalize his busiriess e�nsion because of actzons of others in the past. He stated he bought the building in good £aith and was looking foxward to expanding the busa.riess. Mr. Sohnson stated he believed there is a hardship as they wish their new addition co line up with the existing binlding in order to provide a good rnanufacturing Elaa for their production lines. He stated if they were to reduce tlie size of the buildi.ng, in order to meet the setback requir�nent, it would disrupt the manufacturing flow. Mr. Johnson stated they have met with the Appeals Conunission and worked with the stafE. He stated they would be upgrading the property by installing sprinklers in the iront, screening the parking lot, b�acktopping, and additional landscaping, He stated they would comply with the Appeals Co�nission recommenclation that the south wall of the new addition be a 4-hour rated fire wall and the south wall of the existing building be upgraded t� a n-houx rated fire wall and any openings be upgraded or ra�loved. Mayor Pdee stated he felt the best solution is for Mr. Johnson to purchase the adciitional property from Burlington Northern in oraer to meet the setback requirenents. Mr. Qureshi, City Manager, felt it would be possible to acquire this additional land neec7ed by t4r. Johnson, however, it is �ust a matter of tuning. He fe3t possibly rnoney could be escraved and to continue working on aoc�uisition. He felt r�r. Johnson's addition shoulcln't be held up, but means be taken Lo acquire the additional 15 feeL. P�Ir. ,7ohnson stated if- they needed to escrow funds for this adclttional land, they wouldn't ha�e adequate financrng for their pro�ect. He stated he believed the cost for tlzis land would be about $2.00 a square foot or $18,OOD. P2r. John�n stated the situation naa is there is an existing builciing on the property that is five ieet off the lot line and he wishes to expand his business furtlzer by an addition. He didn't feel his expansion shoulcl be held up ir� order to oorrect a previous error, He pointed out if he decided not to proceecl witl? the ac�clltion, the Cr�uncil would still have a building Pive feet frorn the lot line. N,r. Flora stated original dr�aings the City has of the existing building -3- ' � �� � • � •• �;, show it to be 30 fe�t from the south property line and rl�ere isn'L any record oi a varianoe. He stated staff believes it may have been a survey error. Mr. Herrick stated if escraaing the money would be z problem, ize zelt the same thing could be accomplished by a lettex oi credit vahich vaou3dn't require the posting of cash. Nlayor Nee stated he would like assurances Ifu:. Johnson would purchase Lhis additional property, if arrangaments ror xts sale can be rnacle wiL1� Burlington Northern. He stated if this acquisition couldn't be accomplisned, P�Sr. Soiznson would have the variance. Councilman Barnette felt Mr. Johnson m�de a good case and he wasn't tize builder of the existing structure. He statea this is a bulsiness the Council certainly wants to keep in Fridley. FIe felt it was aslcing a icL- oi Pnr. Johnson to put up $18,000, however, he wou1G go alonq with tize letter of credit. Councilman Barnette felt the F:�apeals Commission made u good decision in recommending approval of the varrar�ce and he was sympaihetic with Mr. Johnson's situation. Councilman Barnette also stated somewhere alvng the line there was a surveying error and wondered if Me. Johnson may noi= have a case with his title insurance oomp�riy. bir. Johnson stated he felt they need to have tize i�uilding legal and wou3c] be wi]ling to at least enter into some negotiations anG see some draEts of an agreanent, Mr. Qureshi stateci he telt there are two options ro (1) ezther approve the � variance, or �2) apprwe it with the stipu"Lation Lhat tlze owner enter into an agreenent that he will att�npt to aa�ulre the aaGitioikiL lai�d within che next three years at a fair market value anci wonlcl provicie a lerL�r or` credit. P�'!'IOPd by Councilnan Fitzpatrick to grarat the variance �o Ll�e side yaru setback requir�nent of 20 feet to 5 feet ta allow � building addition at 5900 P9ain Street, and that the peta.tioner enter into an agreement witl� the City to acrluire an additional 15 feer to the south From tl�e Surlingcon Northern Railroad within the next three years aL a reasonable market price. Seconded by Cnuncilman Barnette. The Council. in discussing the stipulations Lecornmended by che Ap�.-�eals O�nunission regarding the four-hour rated iare walls, ielt these woulan't be necessaxy if the additional land was acquired. UI�N A VOICE VOTE TAKE�[�II UN ZEiE ABpVE Ni�TTQN, ail voi.ed aye, �nd Mayor Alee declared the motion carried unanimously. -4- �v<� 4.7iJE) 3 4. 5. COUNCIL MEE'I'ING OF OC,�BER 15. 1984 CONSIDER11lI0N OI' APPOTN`IT/iENT 1'l7 COPM4UNITY DEVELOPMENT COMMISSION (1^ABLED 10/1(841: P'i�TTON bl Councilman Schneider to table this item. Seconded by Councilman Barnette. Upon a voice vote, all voting aye, Nfayor Nee declared the motion carried unanimously. DIII�7 BUSTNESS: CONSIDERATION OF FTRST READING OF AN ORDINANCE FOR REZONING REOUEST ZOA #84-03 GODFATHER°S PIZZA 5151 ('�Ar AVEN[lE N E BY RALPH ALLEN• Mr. Flora, Public Works Director, stated, in con7unction with this rezomng request, he has talked to the developer about the possibility of obtaining 8 feet of aclditiona7. right-of-way alonc� 52nd Avenue. He stated staff would like a stipulation that the developer continue to work with the G.ty on this rnatter. He stated if this is accomplished, the location of the driveways on 52nd would be moved further to the east. NDTION by Councxlman Scl�neider to waive the f irst reading and approve the ordinance upon first reading. Further, to authorize the staff to continue to work with fi1�e developer to aoquire an adci�.tional 8 feet of right-of-way off 52nd P_venue and to relocate the driveway to the east. Seconded by Councilman Barnette. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unaniriously. E4'IERGENCY ORDTNANCE N0. 819 FOR EXPENDING F'UNDS TO AJRCEIP,SE BEER ADID INSTALL BEER COOLERS: Mr. Iranan, City Clerk, stated staff has a problen with the bidding process ior the beer coolers at the new warehause location. He stated, because of the time it ta}ces to go through the formal bidding process, and the fact that staff feels it is unperative to have this store in operataon for the Holaday season, it is r�uesteG the Council consider an emergency ordinance to expend funds for these coolers. I-le stated, with neighboring cities alreacly operating their warehouse liquor facilities, it was felt Fridley would lose a large p�rt oP the market if they couldn't open for the holiday season. P7r. Irnnan stated it was staff's opimon that if they could not comply with the czeaczline set for moving the liquor store, it would have a negative effect on the residents in that loss of reaenues would result, Mr. Irnnan stated the City would sti11 be receiving sealed bids for this equipnent, however, the effect of the ordinance is that they will not be adveri:ised or the Cbuncil wouldn't actually aet on awarding the bids. Mr. Herrick, City Attorney, stated he had some discussion with Nir. Trmian and was presentEd with these same facts as to why he felt a normal bidding procedure couldn't be follaaed, as there was the potential for a substantial iiriancial un��ct if there was a cielay in o�emng beyond the holiday season. -5- � � ��i f� I � �i�i� � � '�i He stated he also rEViewed the procedure taken in order to obtain the bids. He stated he felt if the Council was satisified there was an emergency, he would have no problen defending it, if necessaty. Mr. Trnnan stated, based on the bids or quotes rc-r.eived, he would recor�unend a s�un not to exceed $62,000. � MpTION by Councilman Barnette to adopt �nergency Ordinance No. 819 anc� to change the proposed ordinance in the last para�rapri to an amount "not to exceed $62,D00." because the tune needed to go through the normal bidding process would delay delivery of the necessary equipment to open the warehouse liquor operation before the holiday season, which may possibly have the potential of a ma�or loss of revenue to the City. This ordinance covers an amount not to exceed $62,000. Secondea by Councilnan Fitzpatrick. Upon a voice vote, all voting aye, PIayor Nee declared the motion carried unammously. 6. RECEIVING 7iiE MINUTES OF THE PLAN[3ING COt1MTSSION NJEETING OF SEPTEMBER 26. 1984; 6A. CONSIDERFITION OF SPECIAL USE PERPIIT, #84-15 TQ t�`�1,TAW AN Oi7TSTDE BOAT YARD ADID PATTO FURNIT[JRE DTSPL�AY AT 6319 HIGHWAY #65 BY THE LIFT SKI ADID BIKE: Mr. Flora, Public Works Director, stated this is a request for a speciai use permit to allaa an outside storage and sale of ]aoat yard and patio furniture display at 6319 kughway No. 65. He stated the Plamm�g Commission reviewed this request and recommended approval with six stipulations. He stated the stipulations were discussed with the aaner, Mr. Holmer, and stafi felt th�se would give assurances on a timetable when pro�rty �aauld be upgraded. � MOTION by Councilman Schneider to concur with the unarv.mous recommendation of the Pla�uung Commission and grant specaal use permit �k84-15 with the following stipulations: (1) retain a wooden fence on both sicles; (2) provide a screened dtunpster location with a fence on all sides; (3) nlulch all e�nsting planting bidsy (4) stripe �rizing lot: (5) provide a timetable �ertaining to the provisions of the finalized site plan including parking lot setbacks, concrete curbing and complete landscaping; and (6) this special use permit be reviewed by Council in three years. Seconded by Councilman Barnette. Upon a voice vote, all voting aye, N�ayor Nee declarec� the motion carried unanimously. 6B. �NSIDERATION OF SPECIAL USE PERMTT. ;#84-17 � ALS� EXPANSIOIQ OF THE PARKING I�CYPS OF UNITY HOSPITAL, AND PRpFESSIONAL SUTLDIl�G ON OSBORNE RUAD BY JOHN HAINES: Mr. Flora, Public Works Director, stated this is a request for a special use permit to allaa expansion of the �rking lots at Umty Hospital, He stated, with the recent addition of the clinic, offices, and the proposed future addition to the east of the hospital, Unify personnel revieweu a 7� � ��. i� u �M �:eTi �.MU: ; 1.=f�L•Zi'J comprehensive plan to satisfy their needs and this s�ecial use permit would eapand their �rking by 250 s�aces. Ntr. Flora stated the City has worked with the hospital to provide a better traffic flaa in the �rking lot. Mr. Flora stated the Flarunng Commission recomended approval of this special use permit with the stipulations that an approved landscaping plan, lighting plan, signage plan and drainage plan be submitted, and the posting of a $15,000 performance horid. b7r. Haaard Rolsath, 7534 5th Street, stated Umty Hosp�tal wishes to add on a�uble row of p�rking on the west side of their property. He state� he would like some guarantee that they couldn't add on to the parking lot at some future date. He thought perhaps some of the �rking on the west side could be moved to the south oi the property, but felt residents could live with this, as long as �rking isn't extended in the future. Mr. Rolsath also asked about tkre playground on the corner of the hospital property which was owned or leased by the Ca.ty. D�r. Flora sLated he thought the City had a temporary lease which has since expire�3. PfDTION by Councilman Schneider to concur witkt the unatZtmous recommendation of the Plaiuv.ng Conunission and grant special use permit #84-17 with the follaaing stipulations: (1) an apprwed landscaping plan; (2) an approved lighting plan; (3) an approved siynage plan; (4) an apprwed drainage plan; and {5) a$15,OD0 performance bond. Seconded by Councilman Barnette. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unammously. 6C. CONSIDERP.TION OF VACATION REOUEST, SAV #84-03 � VACATE PAfZ`i' OF 73RD AVECd[IE, MTN00 PRODUCTS BY P11RL SCHURR: MOTTON by (buncilman Fitzp�trick to set the public hearinq on this vacatlon request for Novenber 5, 1984. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. RECEIVIldG THE MINUTES OF THE PL1�dNING COI�9I�IISSION MEETING OF OCI'OBER 3, 1984: 7A. CONSIDERATION OF REZONING RE(XJEST ZOA #84-04 � REZONE FROM N�1 � C-Rl TO ALL04T A P13�FESSIONAL BUILDING AT 6095 F11S1' RIVER ROAD BY LARRY PERLTCK: MOTION by Cbuncilman Barnette to set the public hearing on this rezoning r�uest for Nov�nber 5, 1984. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 7B. COIVSIllERATION OF SPECTAL USE PERMIT SP #84-18 � ALL,CNI A SECOI�IIJ ACCESSORY BUILDING AT 157 RTVERS IDGE WAY BY LEWIS L. FARR: -7- � � �� �� I �_ • �i •' Mr. Flora, Public Works Director, stated this is a request to allow the construction of a second accessory buildir.g, 2D x 30 feet, to be used for a workshop at 157 Ittvers Edge Way N. E. He stated this addition would be in the rear yard and attached to an exiting shed. Mr. Flora stated this property is in the critical area which necessitates the need for the special use permit, He stated the Planmng Commission has reconunended approval with the stipulation that staff review this �ermit in two years. MOTION by Councilman Fitz�trick to concur with the unarzimous recommendaion of- the Planning Cammission and grant special use permit #84-18 to allow the construction of a second accessoxy buildng, 20 x 30 ieet, at 157 Rivers Edge Way with the stipulation that staff review this permit in two years. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 7C. CONSIDERATION OF UACATION REOUEST SAV �'84-04 DO P�fAKE A R70L LOCATION ADID RETAINING WALL AT 1571 61ST AVEN[JE N. E. BY THOMAS & KATHY SHELTON• M�TTON by Councilman Schneider to set the public hearing on this vacation request for Nwenber 5, 1984. Seconded by Councilman Barnette. Upon a voice vote, all voting aye, Mayor Nee declared the motion carrieu unanimously. MOTION by Councilman Fitzpatrick to receive the minutes of the Planning Commission meetings of September 26 and October 3, 1984. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Pdee declared the motion carried unanimously. 7.1 RECEIVING REPORT FROM STAFF ON THE CREEK RIDGE PLAT: , Councilman Schneicter stated he rwiewed this site and there is a rather deep holding pond the proposed p�rk. He stated his intention in asking for a staff report is to inform eveyone what has happened. Mr. Flora, Public Works Director, stated, in conjunction with developnents of b7r. Brickner's and Mr. Blcmberg's plats, the City acquired the Gena Rae Addition for a�rk, and a certain amount of storm water had to be handled on this site, He stated, during construction of the streets, dirt was moved to lEVel off most of the terraces and provide a divicling berm between the Gena Rae Addition �rk land and other properties. He stated a piping systen was also installed, and the plan is to fill in this area to the bottom of the exit pipe, He stated the berm at this corner of the Gena Rae Adci�tion will retain water for periods of heavy rainfall up to a ma}cim�nn of about 2 1/2 feet and then allow the water to be filtered and enter into the stox7n system. He stated, upon completion of the Construction, the pipe will be at the botom and the earth sloped u�ill taaards the softball area, but tYte berm would preclude any water going to the south, � � r �� J "„�1 ����" (bUNCIL MEETING OF OG'DDBER 15 1984 CAUncilman Schneic�er stated he understands the present depression will be brought up to an elevation of 882.5 and questioned the elevation of the teruu s courts on the southwest corner. P7r. Flora stated the courts are at an elevation of 885.5 so there would be about a three foot drop, Councilman Schneider asked the total area of the depressior or holding area. Mr. Flora stated it was less than 7,000 square feet, and the total land in the p�rk area is 2.2 acres so this leaves about 2.1 acres for actual park. � He further stated this ponding area could be used, except when there is a heavy rain. Councilman Schneider stated, in swmnation, the*present holding pond is on the Gena Rae pro�erty and will be brought up to a level of the e�.sting pipe. He stated there is no fencing intended and there shoul.d be a gentl e slope, He statec�, with the holding pond are, there is still 2.1 acres for useable �rk land even with water in the pondinq area. Mr. Dlck Pcdvin, 1391 Mississippi Street, stated there is now ten inches to one and one-half feet of water in this ponding area. He stated this area which is classified as a p�ssive play area is, in fact, a detention pond. N7r. Flora stated when the area is filled, the water will exit through the pipe and will not be there. 8. RECEIVING THE MTNUTES OF THE Q3AR'I'ER COMMISSION MEETING OF APRIL 16. 1984: MOTION by Councilman Barnette to receive the minutes of the Charter Commission meeting of April 16, 1984. Seconded by Councilman Schneicler. U�n a voic� vote, all voting aye, Mayor Nee declared the motion carried unanimously. 9. RECETVTNG THE MINUTES OF THE CP,BLE TELEVISION COMMISSTON MEETING OF � SEPTEI�ER 20. 1984: MOTION by Councilman Fitzpatrick to receive the minutes of the Cable Television Corunission meeting of Sept�nber 20, 1984. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 10. �ONSIDERATION OF SE'iTING A A]BI,IC HEARTNG FOR A VACATION OF PART OF ABLE STREET FOR NOVFMBER 5. 1984: MOTION by Councilman Barnette to set the public hearing on this vacation for rlwenber 5, 1984. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 11. CONSIDERIITION OF Q�ANGE ORDER NO. 2, FRIDLEY GA1�11GE & STORAGE FACILITY FOR 'I73E HEATING SYSTEM: Mr. Flora, Public Works Director, stated the Fridley Housing and � * As corrected by C�ty Council November 5, 7984 1 •• i • •��: : � Redevelopnent Authority originally allocated $75,000 for construction oi the police garage and storage facility. He stated, haaever, the heating systen for the facility was not includeci in the bid and the contractor, Monette Construction, is required to put in pipe channels for the heating system. He stated, therefore, it would be appropriate to install the heating syst�n durzr.g construction. � Mr. Flora stated, in order to facilitate the construction completion and use of Y,he facility, it is requesteq this change order to Monette Construction for $7331 be considered. NDTION by Councilman 5chneider to approve change orGer P]o. 2 with Monette �nstruction Compariy for installation of the heating system in the Folice garage/storage facility in the ar,�ount of $7,331. Seconded by Councilman Barnette. Upon a voice vote, all voting aye, Mayor P1ee declareG the motion carried unanunously. 12. OONSIDERATION OF APPROUAL OF COMPREHENSIVE SIGN PLAN FOR 7570 HIGHWAY #65 Mr. Floxa, Public Woxks Director, statec's this sign plan is submitted to comply with the code for property at 7570 Highway #65. MOTION by Councilman Schneider to accept znd approve the sign plan for property at 7570 Hiqhway No. 65. Seconded by Councilman Fitzp�trick. Upon a voice vote, all voting aye, Mayor Nee ueclared the motion carried unanimously. 13. RESOLUTION NO 120-1984 TO ADVEF�rISE FOR BIDS FOR A SIDENIALR SNOW BLOWER MAC[iINE PSID FOR OUOTES ON A DIANK)ND PfAW: MOTION by Councilman Barnette to adopt Resolution No. 120-1984. Seconded by , Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 14. RESOLUTION NO. 121-1984 AUTHORIZING THE ISSUANCE OF $7.730.000 CTTY OF FRIDLEY INDUSTRIAL DEVETAPMQVT REVENUE BONDS (NORTH FREEWAY INVESTORSI: 1 Mr. Irmian, City Clerk, stated this is the final resolution for the issuance of industrial developnent revenue bonds for r]orth Freeway Investors. He stated this is the first of two portions of a aevelopnent to be constructed on the Burlington Northern Industri�l. Center south of I-694. Mr, Inman stated the next item on the Council agenda is to consider a resolution to change and amend an agreanent with Pdorth Freeaay Investors. M7TION by Councilman Fitz�trick to adopt Resolution No, 121-1984. Seconded by Councilman Schneider, Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unarumously. 15. RESOLUTION NO. 122-1984 APPROVING AND AUTHORTZING THE EXECUTION OF AN AMEDIDMENC TO AN F1LL0('ATION AGREEMENT WITH NORTH FREEWAY TNVESTORS AND TO -10- n ,, a' . � n r..—> o,,—� ,�. CL�CTNCIL MEETING OF OC`I'OBER 15, 1984 RIVER ROAD TNVESTORS: h]r, imnan, C�ty Clerk, stated this resolution approves and authorizes an amen�aent to the original agreenent with North Freeway Investors and River Road Investors pertairung to the City's 1984 entitlanent allocation. He statecE the amenc�nent provides the City shall allocate $7,730,000 of its 1984 entitlenent allocation to North Freeway Investors, however, the City shall make no allocaton to River Road Investors. He stateci River Roaa ' Investors shall supply the one percent depos�.t fee required by the tlinnesota �nergy and Econonic I�velogment Authority for competitive application for bonding autkaority, and the Ca.ty agrees to 000perate with then in the f iling of this application. N"�r. Qureshi, City Manager, stated the City has to turn in unused entitlenents to the Niinnesota Energy and Economic Development Authority which goes into a pool and then apply for an allocation form the competitive pool. He stated if it isn't possible to obtain f unding f rom this pool, there is an option to enter into a �oint powers agreetnent to actually use allocatiens of other conununities. He stateci the preference would be to obtain funding from the pool, however, if thzs wasn't successEul, the Council could consider the option of a �oint power� agreenent. MDTION by Councilman Schneider to aciopt Resolution No. 122-1984. Seconded by Councilman Barnette. Upon a voice vote, all voting aye, Mayor Nee declarec� the motion carried unarumously. 16. FtESOLOTION NQ. 123-1984 AUZt30RIZTNG SUBMISSION OF THE GRANP APPLICATION AND EXECUTTON OF THE GRANT AGREEMENT--ANOKA TRI-CTTY ALCOHOL COUNTERMEASURE A.T.A.C.: N�TION by Councilman Barnette to adopt Resolution No. 123-1984. Seconded try , Co�ncilnan Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unansmously. 17. RESOLUTION NO 124-1984 AU7.'IIORIZING AI�ID DIRECTING THE SPLITTING OF SPECTAL ASSESSMENTS ON PARCEI, 415. PART OF LOT 1. Ai]DITOR'S SUBDIVISION NO. 89: MOTION by Councilman Schneider to adopt Resolution No. 124-1984. Seconded by Councilman Barnette. Upon a voice vote, all voting aye, P7ayor Nee declared the motion carried unanimously. 18. CGAIMS- M7TION by Cnuncilman Schneider to authorize payment of Claims No. Z68512 through 286V10. Seconded by Councilman Barnette. Upon a voice vote, all voting aye, P�yor Nee declared the motion carriecl unanimously. -11- , ' �J � �� �+ 4� � � � • • • � � 19. LICENSES: N+�'I'ION by Councilman Barnette to approve the licenses as submittea anc? as on file in the License Qerk's Office. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor nee cleclared the motion carried unanimously. 20. ESTIMATES: NDTION by Councilman Fitz�tnck to approve the estimates as sL�lznittecl. Herrick & Ne�rman, P,A. 6279 University Avenue N.E. Fridley, MN 55432 For Legal Services reridered as City Attorney for the month of Sept�nber, 1984 F. F. Jedlicki, Inc. 14203 W. 62nd Street Eden Prairie, NI�I 55344 FINAL ESTTNIIIITE Project #145 Water & Seaer Improvanent Short-Elliot-Hendrickson 200 Gopher Building 222 East Little Canaaa Road St. Paul, Minnesota 55117 Partial Estimate for July 29-August 25, 1984 Drive-In Theatre Site Traffic Study H & S Asphalt 1700 Industry Avenue Anoka, MN 55303 Street Improvenent Pro�ect St. 1984 1& 2, Partial Estimate No. 7 $ 2,736.25 $ 6,602.96 $ 3,465.58 $130,547.10 Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unani.mously. MOTION by Councilman Barnette to ad�ouxn the meeting. Seconded by Gouncilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the Regular Nieeting of the Friclley City d�uncil of October 15, 1984 ad7ourned at 9:40 p.m. -12- %i �-, r. ,��. , -��� COIINCIL MEETING OF OCPOBER 15 1984 Respectfully sutmitted, �( �-�.�� q� .L.�-v-�,_- Carole Haddad Secretary to the Ctty Council Approved: -13- �,��,��tivt Wi11i�n . Nee Mayor �� � � ,