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10/07/1985 - 00011828THE MINUTES OF Tf� REGIILAR MEE,TING OF Tf� FRIDLEY CITY COUNCIL OF O(,'�BER 7. 1985 The Regular meeting of the Friclley City Council was ca].led to ordez at 7:�8 p.m. by Mayor Nee. PT,FiY;E OF ALLEGIANCE: Mayor Nee led the Council and audience ir! the Pledge of A1leyiance to the Flag. � ROLL CALL: ME[�SERS PRGSENT: Mayor Nee, Councilmar Gooc7speed, Cauncilman Fitzxatrick, Councilman Schneider and Counc�ln�an Sarnette 2�MBERS ABSFS7T: None APPAOVAL OF MINUTES: COUNCIL MEETING, SEPTEN]BER 23, 1985: Councilman Goodspeed requested that on the mctaon regarc7ing approvG] of final plat P.S. #85-03 Great Northern Industr�al Center East an Pac�e 5, psrayraph 7, the vote be �rrected to shc� the motiarr carned by a 4-0 voLe with one abstaination. MOTION by Councilman Barnette to approve the mxnutes with the al�ove �rrection. Seconded by Councilman Gooaspeed. Upon a voice vote, uIl votinq aye, Mayor Nee declared the motion carried w�ammously. ADOPTION OF AGEDIDA: The following items were added to the agenda: (1) Reconsideration of Apprwal of Final Plat, P.S. #85-03, Great t�orthern Inaustrial Center �ast� � (2) Consideration of Resolution Orderinq Ptel.uninaxy P3ans anc3 Specification for Parking Ramp; (3) Consideration of Resoliition Receivrng Preliminary F.eport and Setting a Public Hearinq for the Parking Ramp; and (4� Considerat�.on of an Agreement with the �my Corps of Engineers ior Test Wells for �llution Contral. [�C7TION by Councilman Fitzpatrick to adopt the agenda with the above additions. Seconded kr3 Councilman Schneic7er. Llpon a voice vote, all voting aye, Mayor Nee declared the motion carriec3 unarumously. OPIN FORUM. VISITORS� There was no response fran the aud�.enoe under triis it�i of business. PUBLIC HEARINGS- 1. PUBLIC HEAE2ING `Ib O�NSIDER r�IFICATIQNS TO CITY OF FRIDI,�Y HOUSING PLAN: � +a� � a "�I .�iJ.i „ ,rr WLtNCIL MEEPING OF OCPOBER 7. 1985 NDTION by Councilman Fitzp�'rrick to waive the reading of the public hearirg notice and opera the public hearirag. Seconded by Councilrnan Schneider. I7pon a voice vcte, a11 voting aye, Mayor Nee declared the motion carried unan�mously and the publac hearinq op�rred at 7:42 p.m. Nir. Floxa, Publlc Works Directar, stated the City has adopted a Housiny Plan, which includes modifications ancl changes demanded by the NS�tropolitan Council, as f�r as financiny and mortgages for residential housing. He � stated these changes relate to hoasing needs of the City and plans to meet those needs and, basically, establishes the City as a�rtner in the mortgaging process. Mr. Flora state�, since the City does not have a st�ff nerson to handle such a proaess, the banks woiild do the moxtgaqing and the City would achninister tlxe martgages through the l�nks. Councilman Schneidex stated these chanyes are an addittonal reqmrement for the Comprehensive Plan and asked if thep cover what was discussed at the Council's Conference Meeting. Mr. Flora stated the changes dxscussed have beer inoorporated. Knaaone in the aucl�.en� spoke regarding these proposed modifications to the City's Housing Plan. NDTION by Councilman Barnette to close the public hearing. Seconded by Councilman Schneicler. Upon a voioe vote, all voting aye, Mayor Nee declared the motion carxiecl unarumously and the public hearing closed at 7:45 p.m. 2. PUBLIC HEARING ON 1985 WATER AND SEWER MAIN LATERALS AND SERVICE CONNEGTIONS: NDTION by Coiuicilman Schneider to waive the reading of the public hearing notice and a�n the public hearing. Seaonded by Councilman Barnette. Upon a voice vcte, all voting aye, Mayor Nee declared the motion carried unarumausly and the public hearing o�ned at 7:45 p.m, � Mr. Pribyl, Financ� Officer, stated these charges are being assessed to pro�erties who have c+onnected to City water or sewer or both without hau ing previously �aid a],ateral charae. He stated all property aaners iruolved in this assessnent have sicyled agreenents agreeing to the principle of these lateral chargea. He statec3 the assessment can be spread over a 15 year �riod with an interest rate of 9-1/2� each year on the unxaid princiFal.. Mr. A1 Fehn. 1251 H�Ilwind Road, requested an explanation as to what was irmol�ed an this assessment. Mr. 4ureshi, City Ni�nager, stated Nlr. Fehn had si�ed an agreanent with the City when he h�oked up to the City's water system to �ay the service cor.nection chaxyes. He staied what is taking place now is the actual assessnent to the pro�ierty. -2- � OOUNCIL MEETING OF OG'POBER 7, 1985 Mr. Fehn asked the total charges and Nlr. Qureshi st�tec: the cost is $2,250.74. No other person in the audience spoke rec�arc�ing this �roposed assessnent. NDTION by Councilman Schneider to clo5e the public hearing. 5econded by Counciln�an Barnette. Upon a voioe vote, �11 vating aye, Nx�yor IQee declared � the motion carried unani.mously and the pub3ic hearing closed at 7:51 �.m, OLD BI7SINESS 3. ORDINANCE N0. 843 ADOPTING TFIE BUDGET FOR THE FISCZ�L YEAR 1986: Mr. Qureshi, City Manager, stated, since the £irst readii?g of this ordinance. 7here has been a slight ad7ustment in the Legislative por�a.on of i-he budget, as well as adding an agency funcl iar the Six C�ties watershed. He stated the budget is still within the limits proposecl. MITION by Councilman Schneider to waive the :�cond readin, of Orci�nance Na. 843 and acbpt it on the second reading and orc�er p�lication. Seconded by Councilman Goodspeed. Upon a voiae vote, all vating aye. Nl�yox Nee declarec� the motion carned unarnmously. 3.1 RECONSIDERATION OF APPROVAL OF FINAL PLP.T Y.S. #85-03, GREAT NORTI3ERN IAIDUSTRIAL CEDfPER EASr: NIr. Flora, Public Works Director, stateo at the lust Council meeting on Septenber 23, the Council apprwed this fir,al plat with two stipulatior�s: {1) payment of the �rk fee before the �lat is recorded; and (2) �he existing billboard sic� be ranwed. He state� the Fark f ee has been �id, haaever, Burlington Northern has a five year lease f-or the laillboard anci stated they would ranwe it when the lease er.pires. � Mr. Flora statecl the Council should amend the stipulation Lor rc�oval of the billboard. � NDTION by Councilman Fitz�trick to reconsider apprwal of fu�l plat, P.S. #85-03, Great Narthern Industrial Center East. Seconded by Counc�lman Goodspeed. Upon a voice vote, all vot�ng aye, Mayor Nee declared the mocion carriecl unammously. M�TION by Councilman Fitz�atrick to reapprove Etnal plat, P.S. �85-03r Great Northern Industrial Ceriter East with the stipulation that the biilboard or� the ad�acent proFerty be renoved within five years. Seconded by Counciiman Goodspeed. Upon a voice vote, Councilman Fitz�trick, Counciiman Goodspeed, Councilman Barnette and Councilman Schrieicier �oted in favor of the moLlun. Mayor Nee abstained fran voting. Mayor Nec- declared the motion carrieci by e. 4-0 vote with one abstainat�.on. - 3 - „�° „ . i � _ COUNCIL MEETING OF OC1nBER 7, 1985 NDTIDN by Counciln�an Barnette to authorize the Mayor to sign this plat. Seconded by Councilman Schneider. Upon a voice vote, a11 voting aye, Mapor Nee declared the mot�.on carried unaru mously. NEW SUSINESS: 4, CONSIDERATION OF FTRST READING OF AN ORDINANCE ON REZONING REQUEST ZOA #85-02, TO RE20NE FROM 1�1 to R-2. 5586, 5570. 5560 FILLMORE STREET N.E.. BY � KENI' ROESSLER: Mr. Flora, Public Works Director, stated this rezomng request oovers three lats to be rezoned frcm F:-1 to R-2 in order to allaw the construction of duplexea with zero lot lines. He statec� a puk�lic hearing on this rezomng was held before the Council on Septanber 23 and the Planrung Conu�iission's reconunendation was for approval of this rezorung request. Councilman Schneider stated there seems to be support in tYae neighbarhooc3 for this rezomng. NDTION I�y Councilmari Schneicler to concur with the recommendation of the Plaruung Coirnnission and waive the reading and approve the ordinance upan first reac3ing. Seconded by Councilman Barnette. Upon a voice vote, all voting aye, NL�yor Nee declared the motion carried unammovsly. 5. CONSIDERATION OF I�0'I' SPLIT REWEST. L.S. #85-07. TO COMBINE SEVERAL L(YPS ADID RE-SPLIT � FiLL�OW DUPLEXGS TO BE SOLD INDIVIDUALLY, 5586, 5570 AND 5560 FILLMORE STREET N.E., BY KENP ROESSLER: Mr. Flora, Public Works Director, state�' this itern relates to the previous rezomng item and the Planning Commission, at their August 21 meeting, recommencied apprwal of the rezomng and this lot split request. Mr. Flora stated the request is to combxne Lots lA and ]B, Block 1, Iwen � Terraoe and sfilit in half to allarr a duplex to be sold individua].ly arid also to split Lots 2 and 3 in half to allaa duplexes to be sold individually at 5586, 5570, and 5560 Fillmore Street. Mr. Flora stated the Planning Commission recommended four stigulations relat�.ng to �eymecit af the �rk fees; the protective covenant agreement between subseque��t aaners being approved and recorded; recording of the subdivision prior to any buicl�.ng permit; and the lot split is contingent upon approval of the rezomng. Mr. Flora stated the protective cavenant on the pro�erty wauld have to be changed pertaimng only to the reszriction of single family hcmes, if the lot split is apprwed. MiTIpN by Councilman Schneider to aoncur with the unammous recomrnendation of the Plamm�g Commissic�n and approve lot split, L.S. #85-07 with the €ollcNaing stipul.�tions: (1) three �rk fees be �id with the Eirst three building permits; (2} the protective oovenant agreenent between subsequent �� � ODUNCIL MEETING OF OG7�OBEFt 7. 1985 aaners to be approved L� the Caty and rec�rded at �oka County; aric7 (3) the subdivision is to be recorded at Anoka County prior to arry builc]�ng permit. Seconded kry Councilman Fitzpatrick. Upon a voice vote, all aotina, aye, D'kyor Nee declared the motion carried unarvmcusly. P'DTION by Councilman Schneider to c7�.rect the acinims�tration to take steps to amend the existing cover�ant on the properiy, to which i-1-ie City is a�ari�y to � prwide for oonstruction of duplexes on the property with zera lot lines. Seoonded lr� Councilman Fitzgxztrick. Upan a voice vate, all voting aye, N�yor Nee d�clared the motion carnecl ura�nirnausly. 6. RECEIVING THE MINUTES OF THE PLANNING COMMISSION PQEETING OF SEPTEMBER 24, 1985: A. ITEMS FRDM THE APPEALS COMMISSION MEETII�IG OF SEPTEMBER 17, 1985: A-1. CONSIDERATION OF VARIANCE REWEST 7'0 REDUCE SE"PBACK FROM TOP OF RIVER BLUFFLINE ADID � R�DUCE SETBACK FROM NORMAL HIGH WATER LINE TO ALTAVd CONSPRUCTION OF ADDI- TIONAL LIVING AREF., 6454 RIVERVI�T TERRACE. BY GEORGE BYDII�N: Mr. Flora, Public Works Director, stated thzs variance is requesteo to reduoe the setback fran the top of the Mississippi River bluizline fr�rn 40 to 20 feet and to reduce the setback fran thE norrnal high water lir,e from 100 to 64 feet in order to allaa the oonstr�ction of addit,ional living area at 6454 R�.vexview Terrace, Mr. Flora stated the petitioner is reques�ting these v�riances �n order to add a porch and sundeck to the rear of his home. Mr. Flora stated the hardship expressed by the petl.tioner was the need ta position the �unroom out fran the front of the house with glass �nels facing south in order to � utilize the p�ssive solar systen. The petition states the solar benefzt cou].d not be achieved fran any other position exce�t the south side ar,d the house is located too close to the southern lo� line to t�uild there, leavinq him no chai� but to build to the west enu. Mr. Flora stated in keeping with the Interim ileeelopnent Regulations for the NI�ssissippi River Corridor Critical Area, a local aoverrment unit may grant a variance fran strict oomgliance of the setback after an administrative hearing and after the follaaing find�.ngs are made: (1� strict eniorcement of the setback or height restrictions will result in iu�necessary hardship; (2) there are exceptional circiunstan�s tnuque to the pro�erty that were not created by the landowr�er after April 25, 197a; (3) the d�mension variance does not allava any use that is not a oom�atible use in the land use d�.stricL- in which the proFerty is located; (4) the dimension varianoe wall nat alter the essential character of the locality as �stablishec7 by the Iidterirt� Developnent Regulat�ons; and (5) the dtmension varianae will not be oontrary to the Order. - 5 - � r � LJeJ „,. COUNCIL MEEPING OF OC'i1�BER 7, 1985 Mr. Flora stated the Appeals Cormnission found that the varianc:e requests satisfied all fQUr of the fandings and recommended approval of the varianoes by a 4 to 1 vate. The negative vote was made to allav Council to hear thzs it�n. I�DTION by Councilman Fitz�atrick to ooncur with the recomnendation oi the Ap�als Coirciiission and apprwe the vanances to reduce the setla�ck frcm the top of the Nhssissippi ltiver biuffline fran 40 feet to 20 feet and to rec�uce � the setback frcm the normal high water line from 100 feet to 64 feet to allaa the aenstruction of additional living area at 6454 R�.vervic�r Terrace. Sewnded hy Counciln�an Schneider. Upon a voice vote, all voting aye, P7ayor Nee declared the motion carried unammously. A-2. CONSIDERATION OF A UARIANCE REQUESP TO RIDUCE THE MINIMUM WIIYPH OF PARKING STALLS FROM A 10 FEET TO 9 FEET DO ALL�CYuV MORE PARKING SPACES. 550 OSBORNE ROAD N.E., UNITY HOSPITAL• Mr. Flora, Public Works Director, stated this is a request for a varianoe ta redace the minimLUn width of �rking stalls from 10 to 9 feet at Unity Hospital. He stated the Council previously approved a special use permit for the hospital to construct additional Farkinq for their employees. He statecl, since that tirne. the hospital is ooncerned ahout el uninating all the yreera space and wish to vaxy the �erkinq stall size fran a width of 10 feet to 9 feet in order to obtain the required amount of �arking and still leave addit-ional green area. Ms. Flora stated thc harclsh�p e�resseca by the petitioner was due to the unoertainty surrounding their future building plans, thep wish to avoid over�ving the pro�rty and still matntain aciequate �rking. Nlr. Flora stated the Appeals Conuniss�,on has recommended approval of this vanance, � Mayor Nee asked if mne foot wicle �rking stalls were typical. Mr. Flora stateci same citi es have gone to this width because of the large amount of c�om�ct «rs. Mr. Flora stated at the Appeals Commission meeting, there was discussion regardiny use of nine foot stalls for �nployee parking. He stated the petitioner had statecl they felt oomfortable thc� have enough ten foot stalls foz �at�.ent �arkiny. M�TION by Councilman Goodspeed to concur with the recommendation of the Ap�eals Corcunission and yrant the variance to reduce the minimum width of empla�ee �rking stalls frcm 10 feet to 9 feet on �xcel 600, in the north 1/2 of Section 11� the same beinq 550 Osborne Road (Unity Hospital). Seoonded L7y Councilman Schneider. U�n a vo�ce vote, all voting aye, Mayor Nee declared the moti�n carriec7 unaru.mously. Councilman Goodspeed stated he felt the ordinance should be reviewed to �'� � COUNCIL MEETING OF OCDDBEEt 7, 1985 oonsider a change in the width of �rking stalls. Mayor Nee stated he thought, if this wer� c:Qne, you may have more vehicles being damaged as thexe would be less s�c� Por maneuverability. Nl�TION by Councilman Barnette to receive t1,,e minutes of the Planraing Comnission meeting of Septenber 24, 1985. Seconded by Courac�lman Schneacler. � U�ron a voice vote, all •�otang aye. Mayor Nee cleclared Lhe motion carriec7 unanimously. 7. CONSIDERATION OF AN AGREEMENT WITH MAR-LEN DEVELOPMENT CORPORATIGN FOR CONSTRUCCION OF A TRUCK TRANSFER FACILITY: Mr. Flora, Public Works Director, stated I��r-Len is pursuing constructlon of a freiyht terminal north of 81st Avenue, between Main Street anr3 Hickory Street. He stated, in �n�unction with this developnerit, an ayreement has been drawn which outlines the developer's respansibilities. There has beer. a change in twc itans on the agreanent. He stated the first change is to add the words "but ui�l.evied" in Ite�n 2 and to add an acdikiona3 gxaragraph, Item 10. He stated this agreement should be executea before building permits are issued. Mr. Uanasse, President of Mar-Len, introducec3 �lr. Bill �nk, the architect, who presented drawings of this proposed facility shaaing the location of. rhe truck terminal, office facility, and parlcing. Mr. 1�nk stated there would be a four foat berm an eight foc�t fence with slats. He stated the buildings within basically� wouldn't be visible and there would be no dzrect vieur of the source of lighting from outside kYais facility. Councilman Fitzxatnek asked if the City hac� received any feedY�,ck f rom the � surrounding property owners or the nature center. Mr. Flora stated Lhe public heariny for the plat is scheduled for the next Council meeting so felt any oomments would be forthcomira at that time. Mr. Flora stateu Mar-Len has made an erroirormerital impact study and the noted informatior, indicates no imFact. � Councilman Srhneider asked if trucks wou].d he left ic7ling at this faczlxty. Mr. I�nk stated the only idling that would occur is when a truck is servicee3 and refueled before it is ready to leave. Councilman Schneider asked how they woulr7 enforce tne item in the developnent agreanent that kee�s truckers fran usina East River Rcasd. Mr. Uanasse stated East River Road does't present any entioement for th en to use this street. He stated, fran traffic and time st�id�.es done, there would be no advantage in using East River Rcad an they are willing to use Umversity Avenue. - 7 - �-,°� (bUNCIL MEE'PING OF OCibBER 7. 1985 Councilman Fltz�atrick asked about idling in the trailers of ref rigeration units. Mr. Vanasse stated their company isn't in the business of cold refnqeration trucking. NDTIDN by Councilman Goodspeed to apprwe and authorize execution of this develognent wntract with Mar-Len. Seconded by Councilman Fitzpatrick. Upon a voioe vote, all voting aye, Mayor Nee declared the motion carried unarv.mously. � Nlayor Nee stated he would like to see the driveways widened to permit easy access to the facility. He requested staff to check into this matter. 8. CONSIDERATION OF SELECTING A CONSULTANT FOR THE REHABILITATIOI�! OF 815T AVENUE N.E. STREET IMPROVEMIIVT: Mr. Flora, Publzc Works Director, stated because of the increased load at truck traffic on 81st Avenue and the cbntiniung ground water problems, the City has rEquested prop�sals to design 81st Avenue to satisfy the 10 ton lcc�d ca�city requirecl and to deal with the ground water cnntamir�ation. Mr. Flora statecl three proposals were recaeivsd. He stated one was frrn2 TKL�1 who proposes to acwmplish the analysis and design for a cost of $8,000; another proposal was fran Canstock & Davis to investigate and complete a ciesiyn at a oosE between $11,325 t-o $13,900; and the other proposal was frcm Short-F1liott-Hendrickson who proposes to design the street at a cost between $12.000 and $20,000. Nr. Flora stateo it would be appropriate for the City to retain a oonsulting engineer to irivestigate and design the appropriate roac3way surf ace. He stateG Comstock and Davis is most f�niliar with the City and has designed the storm water system in this area so it would be agpropriate for the Council to aonsider than for this work. P'DTIQN by Councilman Goodspeed to aoquire the firm of Comstock & Davis to � irivestigate and complete a c74sign for 81st Avenue at a oost between $11,325 to $13,900, depending on the solution to be used. Seconded by Councilman Fitz�trlck. IIpon a voice vote, all voting aye, Mayor Nee declared the motion car�iec] unanimously. 9. �NSIDERATION OF AUTHOAIZING THE CITY MANAGER TO ENTER INTO AN EASEMENT AGREE[�'SSP WITH ST. ANPHONY VILI�AGE SHOPPING CENTER ADID SHORENTOOD INN, INC.: i�7r. Flora, Publ�c Works Director, stated the Shor�aood Inn is purchasing property ad7acent to their business from St. Anthony Village Shopping Center, Inc. He stated the Rice Creek Watershed District has requested these �arties enter znto an agreanent for the City to have an easenent for water pancling and flaaage. t9r. Flora stated this easement agreement has been rEVic�aed by the City Attorney and he felt it wasn't detrimental to the City. �� � COUNCIL MEEPING OF OCD�BER 7. 1985 NDTIQN by Councilman Schneider to authotize khe City I+7anaoer to execute this �asement agreanent. Se�nded by Councilman Bari�ette. Upon a voice vote, all voting aye, l�yor Nee declared the moL-ion carriec3 unammousl�*. 10. CONSIDERZiTION OF A FIRST SUPPLEMENPIIL TRUST INDENTURE BETWEEN THE CITY OF FRIDLEY AbID NORWEST BANR (NORTfi FREEWAY INV�STORS INDUSTRIAL D�VELOPP4ENT BOAIDS : � Mr. Qureshi, City 1Nanager, staied thzs involves the paperw�rk on the industrial revenue bonds for North Freciaay Investars. He stated he coul� see no problan with it, haaEVer, would like apprcr�a]. wntingent on reviEw by the Ca ty Attorr�ey. NDTION by Councilman FitzFatrick to adopt the indencure, contingent on apprwal tr3 the City Attorney. Sec�nded by C�uncilmart Goodspeed. tJpon a voiee vote, all votinq aye, Mayor Nee declar�c� zhe motion carrzeci unammously. 11. CONSIDERATION OF A FIRS'i' SUPPLEMENTAL TRUST INDElUTUR� BETW�EN THE CI1^Y OF FRIDLEY AND NORWEST BANK (RIVER ROAD INVESTORS INDUSTRIr'SL DEV�LOPMENT BODIDS : Mr. Qureshi, City Manager, stated this involves the �x-��erwc+rk on the industrial rc�enue bonds for the River Roacl 7rraestoxs. He stated he wcu3d like approval mntingent on rc�viEw by the City ALtorney. NDTION by Councilman Fitzp�trick to adopt the indenture, conunger.t on apprwal ky the City Attorney. Seoonded by Councilman Goodspeed. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unan�.mously. 12. CONSIDERATION OF APPROUAL OF AN EMPIAYEE SEPARATION BENEFIT PLAN FOR CITY OF � FRIDLEY NON-UNION EMPLOYEES: Mr. Qureshi. City Manager, stated approval is requested for an em�loyee se�aratian beriefit glan. He stated the intent oF the plan is to help all employees prepare for e�cpenses related to separation by encourac,ing partici�tion in the City's deferred compensatan �lan, fle stated ar. additional feature is to provide a separation benefit far lonu-term anglcs�ees who have not had the opportunity to accumulate funds aver the years in a deferred compensat�on plan. � Mr. Qureshi stated the on-going cost of the se�aration penef it �lan will be p.5& of the base salary of non-union enployees. MOTION by Councilman Schneider to concur w�th the City Manayer's recommendation and apprwe the pro�sed employee separation benefat plan. Seoonded by Councilman Barnette. Upon a volce vote, all votinc� aye, P3ayor Nee declared the motion carned unammously, m'. ���' f �in d n�� COUNCIL MEE�TING OF OCPOBER 7. 1985 13. CONSIDERATION OF APPOINTMENT OF GEORGE M. HANSEN COMPANY FOR 1985 AUDIT: M7TION by Councilm�n Fita�atrick to apprwe the re-appointment of George M. Hansen Com�r�y for the 1985 aud�.t. Seconded 1� Councilman Schneider. Upon a vc�ce vote, a11 voting ay�, Mayoz Nee declared the motion carried unarumously. 14. RESOLUTION IdO. 73-19$5 APPROVING THE AME�IDID HOUSING PLAN AND AUTHORIZING THE CITY MA[�R1GER � SUBMIT THE PLAN ZC] THE ME"1'ROPOLITAN OOUNCIL: � NDTION by Counciln�an Sc�rxeider to ado�t Resolution No. 73-1985. Semndecl by Counciln�an Gooclspeeu�. Upon a voice vote, all voting aye, Mayor Nee declared the motion carriecl unammously. 15. RESOLUTION N0. 74-1985 AUTHORIZING THE CITY MANAGER TO EXPEND Fi7DIDS TO BRING THE CITY OF FRII7LEY INTO COMPLIANCE WITH THE FEDERAL FAIR LABOR STANDARDS ACT OF 1938• MJTION by Councilman Schneider to adoFt Resolution No. 74-1985. Seconded by Coimciln�an Goods�ed. P1r. Qureshi, City Manager, stated in a recent Supreme Court ruling, loc;al ur�its of goverr¢nent are naa required to oomply with the provisions of tlae Federal Fair Labc>r Standards Act of 1938. Mr. Qureshi stated, in order ta briny the City int� aompliance, additional funds are needed for xayment of wertime instead of oompensatory time. 16. RESOLUTION N0. 75-1985 CERTIFYING TAX LEVY REOUIREMENTS FOR 1986 TO THE CQLIDTI'Y OF ANOKA FOR COLLE(,�'ION: P�DTION try Councilman Barnette to adopt Resolution No. 75-1985. Seconded by Councilman Schneider. Upon a vaioe vote, all voting aye, Mayor Nee declared the motion carried unaru mously. 17. RESOLUTIOI3 N0. 76-1985 CONFIRMING ASSESSMENP FOR 1985 WATER ADID SEWER MAINS, � LATERALS. AbID SERVICE CANNECPIONS: NDTIOTd by Councilmara Barnette to ado�t Resolution No. 76-19$5. Seconded by Councilman Schneider. Upon a voioe vote, all voting aye, M�yor Nee declared the motion carried unarumously. 18. RESOLUTION N0. 77-1985 CERTIFYING C�'RTAIN DELIN4UENT WATER AAID SEWER CHF�RGES TO THE COIINP'�' AUDITOR FOR CQLLECTION WITFI THE 1986 TAXES: t+DTION by Councilman Schneider to acb pt Resolution No. 77-1985. Seoonded try Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee c�clarecl the matzon carried unammous7.y. - 10 - � r � � � 19. COUNCIL MEEPING OF OC'POBER 7. 1985 WEIDS : NDTION by Councilman Fitz�trick to adopt Resolution No. 78-1985. Seconded by Councilman Schneider. Upon a voice vote, �11 voting aye, Mayor Nee declared the motion carried unammously. 20. RE90LUTION N0. 79-1985 AUTI30RIZING AND DIRECTING THE SPLITTING OF SPECIAL ASSESSL'�[�7PS ON PART OF LO'PS 16 ADID 17. AUDI�R'S SUBDIVISION N0. 88: NDTION by Councilman Schneider to acbpt Resolution No. 79-1985. Seconded ty Councilman Barnette. Upon a voioe vote, all voting aye, Mayor Nee declared the motion carried unan�mously. 21. RESOLUTION N0. 80-1985 SEPPING AN ELEGTION FOR COUNCILMEI�IDER IN WARD II: NDTION by Councilman Fitz�atnck to adopt Resolution No. 80-1985. Seconded by Councilmari Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carned unanimously. 22. RESOLUTION N0. 81-1985 DESIGNING POLLING PLACES AND APPOINTING ELECTION JODGES FOR Tf� DAVEMBER 5, 1985 GENERAL ELE(,�'ION: NDTION by Councilman Barnette to acbpt Resolution No. 81-1985. Seconded by Councilman Fitz�trick. Upon a voice vote, all votirig aye, Mayor Nee declared the motion carned unarumously. 23. APPOINPMEI�P - CITY EMPLOYEE: NDTION by Councilman Barnette to ooncur with the following appointment by the City Manager: �:ua Pamela A. Alsen P.O. Box 111 Wyaning, NN 55092 .� �+ Crime Prev. Speclalist II Fbl ice De�ri�nent STARTING SALARY $16 ,000 i�r Year , - �y 1 Septemher 30 1�85 REPLA�S L1z Chevalier Seconded try Councilman Schneider. Upon a voioe vote, all voting aye, Mayor Nee declared the motion carned unammously. 24. LICINSES: PDTION by Councilman F1tz�atxick to apprwe the licenses as sulxnitted and as on file in the Lioense Qerk's Offic�e. Sewnded by Coancilman Goods�eed. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unammously. - 11 - 2��1, r��n� COUNCIL MEEPING OF OC'il7BER 7. 1985 25. CLAIMS: hI�TION by Councilman Barnette to azithorize �yment of Claims No. 4758 tl�rough 4967. Sewnded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously, 26. ESTIMATES [�+DTION by Councilman Barnette to apprwe the estimates as sutmitted. Herrick & Nc��i�1, P.A. 6269 Umversity Ave. N.E. Fndley, NfI 55432 For Legal Services Rendered as City Attorney for the Month of September, 1985 ..... $ 3,879.50 Seconded by Counciln�n Schneider. Upon a voioe vote, all voting aye, Mayor Nee declared the motion carried unanimously. 27. RESOLUTION ND. 82-1985 ORDERING PRELIMINARY PLANS AND SPECIFICATIONS FOR PARKING R11MP: � 29 NDTION by Counc�lman Schneider to adopt Resolution N0. 82-1985. Seconded by Councilman Barnette. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unammously. RESOLUTION N0. 83-1985 RECEIVING PRELTMINARY REPORT AND SETTING A PUBLIC ARARTNG FOR THE PARKING R11MP: , NDTION by Councllman Barnette t� adopt Resolutlon No. 83-1985, and Set the public hearing for November 4, 1985. Seconded by Councilman Schneider. � U�.ron a voice vote, al.l voting aye, Mayor Nee declared the motion carried tmammously. CONSIDERATION OF AN AGREEMENT WITH THE ARMY CORPS OF ENGINEERS FOR TEST N]ELLS FQR POLLUTION CONTROL• P7r. Flora, Public Works Director, stated the Army Corps of Engineers is att�npting to determine the water flow around the FMC site and has been tryurg, without success, to obtain permission fran the Burlington Northern to la� some momtoring wells on the�.r property. He stated the Army Corps has approached the City and wishes to place wells in the street nght-of-way to determine this flaa of water. NDTION by Councilman Fitzgatrick to approve the agreement with the Army Corps of Engineers for the use of public right-of-way for test wells fer pollutiom m�trol. Seoonded by Councilman Schneicler. Upon a voice vote, a11 vottng aye, M�yor Nee �clared the motion carn ea unammously. - 12 - � � � � COUNCIL MEEPING OF OCPOBER 7, 1985 ADJOURP7@]ENT • Nl�TION by Councilman Schneidex to ad�c�urr� the meetir_g. Seconded by Counciln�an Goods�ed. Upon a voice vote, �11 vating aye, Mayor Nee declarecl the motion carried unanimously and the Regul�r P�eeting of the Fr.id:ey CiL-y Council of October 7, 1985 ad�ourned at 8�55 p.m. Res�ctully suhnitted, � C -C'L 4,- ZC� � � C�=d�-� Carole Haddad Secretary to the City Council - 13 - r '� ( ' �fl i \_ �y �t.`4_..i�� �L,� (� �,�1 G�E,U� � Wi21�.am J. blee � I�layor �/ , �? �'� �, „a � � '