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11/18/1985 - 00011758� �f� TIIE MINUTES OF TEIE REGOLAR MEh�ING OF THE FRIDLEY CITY COUNCIL OF NOVEMBER 18, 1985 The Regular Meeting of the Friclley City Council was called to order at 7:30 p. m, by Nl�yor Nee. PLEDGE OF ALLEGIANCE• M3yor Nee led the Council and audience in the Pledge of Allegiance to the Flag. � �� .: [�NBIILS PRESINT: Mayor Nee, Councilman Gaadspeed, Coimcilman F1t2p�trlck, Councilman Schneider and Counc�lr�an B�rnette MENBERS ABSINT: NUne APP1mVAL OF MINUTES: COUNCIL MEETING, November 4. 1985: NY�TION by Councilman Schneider to a�.�prove the minutes as presented. Se�nded tr� Councilman Fitzpatrick. U�on a vozce v�te, all vota.ng aye, Nl�yor Nee declarecl the motio,i carried unan�rnauslp. ADOPTION OF AGENIDA: NllTION by Councilman Schneider to adopt che agenda as preaented. Seconder3 by Councilman Goodspeed. [Ipon a voice vote, aZl voting aye, NJayor Nee declared the motion carrieol unanimausly. OPEN FORUM. VISI'I17RS• � Ms. Pat Brennan, representing the League of Women Vaters, submitteci a statfsnerit prep�red by the League regarGing the�r stanci on the Crty ,_arks. � Ms. Brennan stated they had a concern that the Parks and Recreaticn Commission had heen circumvented when a�lac hearing regarding Meadowlands Park was sched�led before the Plaruv.ng Conunission before goin� to the Farks and Recreation Commission. She hoped this was �ust ar oversight and woulchi't be a standard practice. She statecl she felt khe City conu��lissians are an important Fart of City goverrment. NJS. Breru�an stated the League's stand is For the Council and staff to avci� e�cpediency where public hearings are necessary for publ�c input. Mayor Nee stated he felt the Council would ac,+xee and scated an errcr ��as made when the hearing was scheduled bef ore the Planning Co�ussion. Mr. Jesse Ellingsworth, President of North Suburban Cansumer Advocates for the Hanclicapped, spoke to the Council regarcling represerztation by Friclley at their next meeting on November 25, 1985, at the Country Ritchen in Coon n. COiJNCIL MEEPII� OF NOVEMBER 18. 1985 Rapids. Mr. Ellingsworth stated the purpose of rhe�.r group is to get persons with c3isabilitles involved so they have a voice in their aan affairs. He stated tk-ieir mission is to break down the errairormental and wmm�ication barriers that exist, Ms. F1lingsworth statcc� they would like someone from I'ridley appointed to their Advisory Board. He statec� thrs �erson can be anyone who is concernec� � about tt�e handicapped. Mayar Nee stated they would try and have someone attend their meeting. PUBLIC I3EP,RINGS• 1. PUBLIC HEAR.ING ON THE MFITTER OF A HOUSING PROGRAM FOR A SPECIFIC PROJECT. SYLVAN HIIS,S, BY IAU LUI�IIJGREN: NDTIOI� by Councilman Goodspeed to waive the reading of the public hearing noti� and open the public hearing. Seconded by Councilman Fitzpatrick. UFron a voic�e vote, �7.1 vc�ting aye, Mayor Nee declared the mation carried w�anunously and the �lic hearing opened at 7:45 p. m. Mr. Flora, Pubic Works Director, stated this public hearing relates to a housing pragr�n in Sylvan Hills. He stated the property is bordered ori the east kr� the Uriversity Service road, on the west by RAO Manufacturing, on the south by Satellite Lane, and by Mississippi Street on the riorth. Mr. Flora stated the pro7ect consists of approxin�ately a 340 umt a�rtment buiiding, with two level underground parking f acilities. He stated this would be Phase 1 of a multiple phase facility. He stated further plans call for two mnunerical cbmplexes and elclerly housing. Mr. Flora presented a proposed sketch of the apartment building showing views fran tr,e North and South. � Mr. Flora stated the developer for this pro�ect is Mr. Lou Lundren and he was present t� answer any questions. Mr, I,undgrer. statec the ap3rtrnent structure would be market rate housing so that rt weuld be available for persons of all ages. He stated the bonds wou].ci be backed by a HUD mortgage guararitee which means that the people who work on this pro�ect wz].1 be Faid union wages or above and there would be no discrimination regardsng xa�, creed, or oolor. Mr. I,undgren stated there was s�ne conoern about the traffic this �ro7ect would generate and haa it would be handled. FIe statec7 a traffic consultant has beei� hired to do a traffic study which would shaa the implications and haa to hand] e the traffic. He stated this study would be ready at the tzme of the rext meeting of the Council. He stated he was conaernec] with the traffic and dic�'t want any going to the south into the residential area. Mr. Lundgren stated one oi the suggestions made was to continue a road to -2- � COUNCIL MEETING OF NOVENIDER 18, 1985 the south of this pro�ect wYnch would run east anc3 west directly north of Burger K�.ny. He stateci he felt this w�s a good suggestion and woulc� check into it further. Mr. L�undgren stated he intends, in the next se4 eral months, to taik with every tenant and property aaner in that �rea. Mr. Lundgren stated the a�rtment buildinr� would contain 90 two bedroor� � units and the rest are one t�edrocm �uu ts. He stated he supposed there woulcd prol�bly be two persons in the one bedroan iuiits and four �ersans in the Lwo bedroan t�its. Councilman Barnette asked what rents they would receive f or triese aFartrnents. Mr. Lundgren stated the rerei.s would start at $565 and go to $895 per month. He also stated this �ncluc3es all utiJ.ities; gas, electricity anc] water. Councilman Barnette asked if any of the units qualify for subsidized housing. Mr. Lundgren stated 20% of r_he units nave to be reserveo f or persons who are in the income range of 800- oi khe medi�n for the area. He pointed out, haaever, the only subsidy would t� a favorable �nterest rate on the bonds. Councilman Goodspeed asked tf children weuld be allaaed in these units. Mr. Lundgren stated the� can't prohibit it, but dic7n't feel tl7ere would be very maxiy. Councilman Schneider asked about the timetable for this proaect. Mr. Lundgren stated on the ap�rtrnexit building, they are attempting to get thF bond issue sold and placed thzs year. F� stated it is a very tight schedule. He stated he expected construction to begin early in the year, asstmang the ground is ready and availab�e to than. Mr. Luridgren stated the total time of �nstruction would he betwe�ii 12 to 14 months incloding the � garage part�on. He stated the structural. fr�ne would be pre-cast concrete and faced with brick. He stated it would be built rapidly, laut very well. Mr. Lundgren stated the staging of the othex buildings has mare condations and other factors invalved such as acquirinq the land and taking care of moving the tenants. He stated, at the pre�ent time� this hasn't been wcrkec3 out. Mr. Lundgren stated it looked like one oi the commer� cal bu�J c7ings would be the next developrnent and the elderly Lualdxng pr the other mnunerca al building would be the next phase. Councilman Schneider asked if thc� woulc�l�e Gble to generate enough teriants at that rental structure. Mr. Lundgren stated thcy are comfortable with it. Ee stated the mortgage company is in the pracess of reviewing it ancl, hoxefu].ly, he will knc�a these results Yry ihe ei� of the week. Mr. Lundgren stated the total assessed vaiue of this pro�ect is $17,G00,000 and, with oompletion of a11 phases, the value would he about $40,0OO,OdQ. Counc�.lman Goodspeed asked the parkin� requirements for this ap�rtm ent -3- � �l' ��l _ > �� COUNCIL MEETING OF NOVE[�ER 18, 1985 c�mplex. Mr. Lundyren statec� the two bedroom units require twa �rking s�ces ar_c7 the one bedroan imits require 1- 1/2 sp3ces. He stated there are 300 parking s�ces in the enclosed area and aix7ut 100 on the surface, which meets the requirements. He stated most of the people living in the a�rtment comglex will have tizeir g3rking inside. Councilman Schneider asked if the building would be sprinklecl. Mr. Lundgrer� stated it would 100o sprinkled. � Mr. Douq Bn ghton, 6210 Trim ty Drive, stated he is concerned with the traffic situation. He stated he also has a concern regarding sut�sidized housing and asked what was involved. Mr. Lundgren stated there is no subsidized housing. He stated some of the �uiits must k,e reservec3 for persons in the income category of 80� oi the median xncome� but these are not really subsidized um ts, He stated those �x ogle w�uld sti11 p�y full rent. P4r. Bnghtan asked if there would be any Federal. State or City assistance to any �rsons who �re living in the ag�rtments. Mr. Lundgren stated there would be nc subsidizing, exce�t use of the hausing bonds which are tax exempt which rnakes the interest less than if thc� were ta�cable k�onds. Mr. Brighton asked where the �rking exits would be located. Nlr. Lunclgren stated they would be to the north of the building. Mr. Brighton stated he was �ncernec7 a6out a heavy influx of trafPic into the Sylvan H�11s area as th�y oril.y ha�e one other exit. AIr. Lundgren stated he knows there are c�oncerns about the traffic and wants to work with the residerits to see they don't get the traffic in their area. Mr. Fd Ahrens, 198 P7ercury Driva, stated if there was an east/west road coming oat north �f Burger Kinq onto the service drive, it would allow traffic to yro down Satellite Lane. Mr. L,undgren stated this is the reason � thEy are having Lraffic e�erts look at the situat,ion and try azid solve the problan, 1�7r. Ahrens stated they may solve their problem, but not the problan for residents in the area. He felt the people residiny iri the aFertment a�nplex would have access to the Sylvan Hills residential area, anci create more traffic. Mr. John Holm, 6220 Rainbow Drive, asked why only 12 units would be �vailable tor the hanc]icapped. Mr. Lundgren stated the State la6,i indicates the nanber of units which have to be provided. He stated if there is an additional r�ed, he would be glad to supply the units. 6ut felt you c;an't have handicapped umts that would ranain empky. Mr. Holm asked if the elderly housing woulcl be the last phase to be c�nstrueted. Mr. Lundgren stated it would either be the last or ne�ct to the last �hase. Mr. Holm felt more work needed to be done bef ore action was taken by the Council as he f elt there were a lot of unanswered questions. �'' � CO[7NCIL MEETING OF NOVENIBER 18, 1985 I�ir. Bob Strom, 144 Satellite Lane, statec? trafftc would not anly be a problcin, but he was mncerned about the sewer �p�city. Mr. 4ureshi, City rhnager, stated the sunit�ry sewers are sufficient to handle this added ca�city. He stated a retention area is groposed for the surfaoe drainage before it goes into the starm sewer system. Nlr. Ec3 Wetterberg, 175 S�lvan Lane, statecl th�� have a storm sewer prabl� � in this area. He stated, whenever there 3s a heavy rainfall, they arE flooded with debris and this has been going on For years. P�yor Nee stated the sa m tary sewer probler4i was corrected, however, Mr. Wetterberg is r�erring to the storm sewer sysLem, Mx. Denrus Johnson, 6336 Starlite Blvd., stated he krc�ws how much trafiic there is in the Sylvan Hills area already. He sl-ated you can't predict how marsy vehicl.es fran the a�artrnent �mglext would go through their �rea. He questioned why a person, such as the developer, who doesn't live in this area has more power than tkae people who live here. A7�. Brighton questioned the ability of �nergency vehicles to get into the Sylvan Hills area if there is a traffic problan�, Mayor Nee stated he hasn't seen anything that addresses this issue. NLs. Karen Coppicus, 256 Mercury Drive, stated she Eelt t.he proiect sri�ulcLz°t be done. She stated nothing has 6een saic7 to the residents about this project and felt it shoulcfi't be approvec3 at this time. Mr. Vick, representing the Chamber of Commerce, statec, the Board of Directors of the Ch�nber of Commexce reviEwed this proposal ana supported the glan. He stated the3 do have oon�rns akxaut hva the residents of Sylvan Hills will get in and out of their area and what will happen to the tenants � in the Rice Creek Center. He stated another concern was for a skyway/walkway over Uiuversity Avenue at n7�.ssissippi Street. Mr. Vick stated the Baard felt this four phase arproach would bring good uuality developnent to the City, as well as provide for more needed hcusing. r l � I C�'Ls. Shirley Hulten, 6150 Starlite Blvd., asked if the apartment complex would be funded by the Federal goverrment. I�r. �iuresha stated they would only insure it, like FHA mortgages. Ms. Hulten stated additional traffic would l� brought into the area anc] sne felt this hasn't been publicized. She stated someone gxxt a yellcra zlyer on her door yesterday, and this is the only notice she received. @�. Qureshi stated there was a r�ws article on the front �aqe oL- ti�e Fricll ey Focus last week regarcling this proposed develognent. NIr. Ron Schoneman, 246 M�.ssissippi Street, statec last Thursclay nlght the question was raised when the next meetiny woulcl be held regarding this develognent and they were told it would be on December 4 before the Plaruung -5- f�J V L� COUNCIL MEETING OF NOVF�ER 18, 1985 Conanission. He pointec] out they were misinformed and knew nothing 6out the meeting this evemng until the� reoeivecl a notice on Friday. Mr. Qureshi stated the notice for tl�is public hearing was legally published in the g��?er. Mr. Schoneman stated he felt the people have a right to knaw and they are not being fully informed. Mr. Qureshi stated, because of the interest shown, notices were sent on Friday to persons within 500 feet of the � pra�md develognent. Mr. Larry Kuechle, 202 Mercury Drive, stated they are talking about the trust level. He stated when the first meeting was held, they reoeived a one day notioe which was the same for the seconcl meeting. He stated at the meeting last Thursday, the� were tald the next meeting was on December 4. He felt they were not }�eing dealt with fairly and not being told what is going on. Nlr. xiaech].e stated, whethex this pro�ect is good or bad, there will be a lot oi people protesting if they feel their needs have not been adciressed. He stated this is the third meeting and he di�'t feel that ariy of the pro6lens thc� were wncerned aL�out were yoing to be addressed. He stated the traffic fran the a�rtrnent axnglex wi]1 use the back streets into the Sylvan Hills area and there is no doubt about it. Ms. Lois B n ghton, 6210 T'rinity Drive, stated until Sunday af ternoon rieighbor she nor her husband knew aray of this was going on. She felt they have a riaht to know what is being proposed in their area. Councilman Barnette stated notices were sent for persons living along Mercury Drive and Satellite Lane. He stated there has to be some place where tY�e notification stops, hut it was not the inter�tion to keep people in the dark. � Mayor Nee stated that is why the notices are published for the public hearings. Mr. Vick, representing the Chamber of Commerce, stated he would like an answer regarding the Ch�iber's suggestion far a skyway/walkway at University anc7 Mississippi. Also, he would like to know if the present retailers at Rioe Creek Plaza have been giv�n an opportunity to mwe into this oomplex as it graa�. Mr. Z�undgren stated they are going to contact each ana every ter�ant and c,wner in that area and try to get than to relocate and discuss their needs witY� than. NL. t�ry S�ostran, 6240 Starl�te Blvd., asked if the constxuction trucks would be hauling material through i-he streets in Sylvan Hills. Mayor Nee stated he wuldn't imagine th �y would use these streets. Ms. S�ostrom rnade reference to the Doty develognent and t�ucks used the residential streets for transparting materials to the oonstruction site. P7ayor Nee felt this � � COUNCIL MEETING OF NOVEFIBER 18, 1985 was because thE developnent was located right in the residenkizl area. Mr. Bruce Hanaood, 6200 Starlite Blvd., stated ih e Feaple l�ving on Starlite are lucky if thEy can get out af their driveways in the morning hours anul late afternoons on weekdays. He felt thPir street could not handle any additional traffic. Ms. Sandy Deruus, 174 Satellite Lane, state�; she ho�d tney cons�dered the � safety of the children in the acea and tlie results oi extra traiiic. Mr. Brian Cr�ok, 6131 Trim ty Drive, staLed the thing that rnncerns him inost is the traffic and the fact that there is a tzme deadline on the boncl issue. He stated anytime there is a deadline, he begins ta question the notives. He felt this proposail has to be looked at a little mare closely. He stated there would nat only be additional traffic fran the a�-artment con�lex, but also the mrmerical develognent. He stateci he wasn't impressecl with tlae oompleteness and detail of what has been �resented so far and felt the developer sYrould come t�ck when they are betLer pre�red. Mr. Pribyl, Finance Officer, stated because of recent Legislation, i.ax exempt bonds are under fire and everyone wishes to meet the Decernber 31, 1985, deadline. M�. Cook asked if once the bonds are issued. this would mean the pro�ect �.s ac�pted. Mr. Pribyl stated the bonds caul� be issued and then collapsed. Mr. Caok stated he understarids the tax motives, but this doesn't do the residents ariy good. Mayor Nee stated the recorcl on industrial development revenue bonds indicates about 25� of them haven't been issued. He stated if they go through the process and find it wouldn't work, rh e pro�ect doesn't proceec,. � Mr. Cook stated regarding the matter oP the sewer, r�e wondered if there would be additional assessnents both for sanitary sewer and drainage. He stated he is not ready to �y it is the wiong thinq to do, but nat oonvinced it is right either. He stated, ]xzsed on his knaaledge of the trafflc flow, there �fimtely is a problem. He stated Nlississippi Street traffic is worse than when he came here three years ago. Mr. Don Fitch, ownex of the Dairy Queen, stated he has never se�n Mississippi Street in such bad shape, as far as Lraffic. He statEd the traffic is oonstantly i�cked up. Mr. Fi�ch statece the HRA stated, when the project was com�.leted, it would have 900 parking sp�ces so you would tx adding 3,000 to 4,000 vehicles goin� in ar�d out of this area each c]ay. P�r. Fitch stated, as far as the future developner�t aifec.ting his business, they would be "kicked-out" because their frar.chise calls for them to Ue located in a rxrtain area. Mr. Brighton asked the City's obligation in the financing. Mr. Pribyl stated the housing rEVenue bonds are the onlp mechanism by which the City beoomes irivolved and a oonduit by which tY?Fy are issue�3. FIe stated it is aetually the d�veloper's borid. He statec7 the City cioesn't issue any qeneral -7- � � � ��r COi7NCIL MEETING OF NOVE[�ER 18 , 1985 obligation bonds. Mayor Nee stated the City doesn't really issue the bonds, but is a sponsoring agen�y 'rhat makea than tax exempt. He stated the City neither issues or �ays for then or is responsible for than. Mr. :^ervin EIernnann, 278 N:�rcury Drive, stated his biggest concern is the traffic. He stated, e�en if the sarutaxy sewer is adequate, he would like scanethiny in writing that the residents would not reoeive any assessments, � if it was necessary to provide for a greater ca�city. Mr. Herrmann stateu there is a problan crossing Mississippi because of the heavy traffic. He stateG he sometimes goes south, in order to get out of the Sylvan Hzlls area, and then pro�eds north in order to access the Holly Shopping Center, rather than trying to cross at Mississippi Street. He felt 3rd Street should Ue vacated and Satellite Lane should he closed. Mr. Ahrens asked if the service road by Burger R�ng is closed off, haa does Burger King get acoess. Mayor Nee stated he didn't feel they are in a gosztion to answer that question. He stated the hearing is whether or not to build at this locat�on, and if they can't work out the neiyhborhood traffic, thEy couldn't proaeed. He f elt if the businesses in the area were to prosper, develognent is necessary; ha�ever, th�y cti.dn't want to force it on anyone. Mr. Ahrens stated he dichi't beliEVe the housing was needed at this location. He felt perhaps the area would be better served by �ust commerical develognent. Councilm�n Schneicler stated he felt oommercial developnent generates more traffic than residential. He stated the arguments he has heard pertain ta the traffic, and if there are other issues, they should be brought out. Mr. Ahrens stated he wouldn't like standing in his yard and looking at a 12 �� story ag�rtrnent builchng. � Mr. Penrus Johnson stated he ielt a 12 story apartment didn't fit in and would k�e a detrimerit and bring daan property values. He stated he didn't think ar�� one cf the Council would warit it nesct to their house. Ms. Norman Wetterberg, 175 S�lvan Lane, asked the size of the commexcial builclings. Mr. Lun�gren stated the oommereial builcUngs are approximately 60,000 square feet each and two stories in he�ght. Ms. i�etterberg asked if the traff�.c study would cover the residents' ca�ncerns. Mr. Lundgren stated it would cover the implications of this developne�. He stated what hap�ens to the north and south would he gZrt of the survey. Mr. Schoneman stated the �cond phase of the developnent would involve him �nd his lausiness. He stated his bus�ness would be gone as well as five � '� COUNCIL MEETIN� OF NOVEMBER 18, 1985 other businesses. He stated there is no other glace tfl locaLe, and questioned whexe he wou].d go. He state� none af the businesses woulc3 be there, except Burger Ring. He stated the lic�uor store and tlze $70,Q00 spent would be gone and replaoed with an elderly high rise. He stateo he di�ln't feel a 12 story a�rtrnerit is needed there, Ms. Rose Sandusky, 181 Sylvan Lane, asked ii widemng I�ssissi�pi woulcl tear. � up more of Holly Shopping Ceriter. Mr. Qureshi stated two lanes woulc7 be added, one on the north and one on the south. He stated, in those areas, k�sically, nothing has been cbne as it is hoped the County will be putting in the �mprovement next yeax. He sta�ed 'ne reccgnizes access to Holly Shopping Centex isn't the best at this time, but it is only a tenporary situat� an. Mr. Qureshi stated the interseckion will 'sae inproved to allow two turning lanes and move the loopback to provide at least 30U feet of vehicle stacking roan an the west side. bTr. Neil Bonkoski, 232 Satellite Lane, statec� he conunends the Council for trying to imprave t1�e praperty. He staced, however, he fe] t a 12 sLCry a�rtrnent builr]ing across fran where he lives weuld be an eyesore and ci�ch�'t fit in with the area. He also stated to add even a few more cars is a dangerous situation because of the trafFic problans. Mr. Qureshi stated evexyone should realize that all the pxoperty is zonecl commerical. He felt the housing and a mix of retail woulcl tend to ev en ouc the traffic pro�,lem rather than having all commercial develo�ment. He stated this is the only property in the Caty zcned commercial tYaat is underutilized. He stated thexe is a total of about nine acres and only four acres is being used. Mr. Qureshi statec� eventually samething will oo in there and he would like to see it planner3 pro�rly, � Mr. Qureshi stated thc� have been working on the traffic problan unc a study was authorized to oome up with plans tc solve tYie traffzc problem. The property iw zoned properly so some kin� of high density clevelognent �7i11 eaentually happen. Mayor Nee asked if the Council wished te close the public hearing or continue it. Mr. Qureshx stated, if the hearang is oont�r!ued, the choice cf financing may be eliminated for tY�is year. Councilman Goods�xed stated he felt it was obvious this kind of clevelo�men� was not acceptable with the res�.dents' way af life and felt i� was a deaa issue. Councilnan Barnette felt the Council shoulc� have the traffic repart before any act2on is taken. He stated he haped everyone realizes thep aren'L- trying to railroad ariything and would lzke to do the qest �ob they can for the entire City. Ms. Karen Coppicus, 256 Mercury Drive, q��esrzoned why the� weren't infc�xmed of this project and wanted to know Co�anc.�7man Gcodspeed's pusitien. � � , � �� n�� COUNCIL MEE'PING OF NOVEP�ER 18, 1985 Councilman Goodspeed stated he is against this pro�ect. He stated he felt notices should involve a larger area, He stated if there are further meetings, Yie would insist the notices be sent out f our days in advance to every hane in the Sylvan Hills area. He stated this isn't a new sub�ect anc7 c7icln't feel goverrment shoul.d accoept the full burden of making sure every �erson reac7s everything. He stated legal notices were publa.shed and if you chaose to spend your tame ir�forming yourself, this was not a secret. M�TION by Councilman Goodspeed to close the public hea nng. Seconded by ' Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee decl�red the motion carried unarn mously and the public hearing closed at 9 : 25 p. m. M�TIO1� }�y Councilm�n Schneider to oonsider Item 12 at this time which is the resolution relattng to the approval of this multifamily housirig program. Seoonded try Counciln�an Fitz�trick. Upon a voice vote, all voting aye, N�iyor Nee declared the motion carried unanimously. 12. CONSIDERATION OF A RESOLUTION RELATING TO THE APPROVAL OF A NIULTIFAMILY HOUSII+1� PROGRAM FOR THE CONSTRUCTION OF A MULTIFAMILY HOUSING PFtQ7ECT BY THE FRIDLEY PLAZA ASSOCTATES LIMITID PARTNERSHIP AND AUTHORIZING THE SALE OF HOUSING REVENUE BObIDS: MOTION by Councilman Goodspeed to deny adoption of this resolution. Seoanded by Counciln�an Schneider. Councilman 5chneacler statec� he would agree there l�as heen a number o£ si�ificant �roblans and issues raised and perhaps the feasibility of the pro�ect is in question. He stated there are a few key pieces of information not a�r�lable re,c�rcli.ng the traffic study and if s�nething could be done on the height of the buildinc�. fIe fel t the Council should see all the data before mal�ing a decision. Councilman Bar�tte felt the Coimcil would lae looking at pro�ects for this � land whether it k�e this one or others. He felt they owe it to everyone irivolved to have all the facts be£ore taking action. Cow�cilman Fitzp�trick stated he felt the Council should have the benefit of the hearing before the Plarunng Commission and their rewmmendation. Mayar Nee stated the alternative is zf the CAUnci1 is prepared to vote ior adoption of this resolution. Mr. Qureshi, City Marraoer, asked if the Council a�prwed the pro�ect after the he�ring for the special use permit, would they have the choice of reducing the pro�ect size or stopping it c�ompletely, without damage to the City. Mr. Casserly of O'Connor and Hannon law firm stated he was not the �mdexwriter on the housing revenue bonds, but would be hap�y to volunteer information he has on other kinc7s of issues. -10- �J �UNCIL MEE.TING OF NOVEt�ER 18, 1985 Mr. Casserly stated he understands what they are talkiny about is th� maxim�n �ntential bond issue and if they don't put in the maximum ar�d wish to go above that figure, it would be prohibiteei. Mr. Casserly stated if you wish to go belaw the maximun, this ooulcJ be done. He stated the bond counsel always puts in for the maac�mwn. lNr. Qureshi asked if the Council could decicle not to proc�eed at all wzth t.he project, once the resolution is adopted. Mr. Casser3y statea the resalution � should be very c1�r on that issue. He stated iP the Cciuncil has the o�.tion of denying the pexmit, the bond counsel will have to deal with that issue on whether the issuance of the bonds would be valid. He felt most bond cbunsels would allaa the bonds to proceed if everyone was acting in qood faitYr. He stated then if the special use �rmit was e3erued, it would be a oollapse of the bond issue. He stated prc+c�eds fran the bonds wouldn't go to the developer until everything is appLwed, so tl-ie Council ultlmately has the final decision. Councilman Schneider asked who would pay the costs involved if the bonds collapsed. Mr. Casserly stated the developer is responsible for those costs. Nl�yor Nee stated he nav has a motion for �enial aed questaonec3 the efiect for tabling it for two weeks. Mr. Casserly stateo the issue has to go to the Housing Finance Agency for their action. He statec it rnay be techmcally possible to table ihis, but it would cause some procedural problans. Councilman Fitz�xitrick asked if tl�is resolution was adopted, if ihe request for a special use permit muld be demed. Mr. Herrick, City Attorney, stated one of the reasons for dem al of a special use permit is creation of a sericus traffic prokalem, He statec, � after the Council receives the traffic study, they would have to rnake a finding. He stated 80 to 90� of the discussion this eveniria has been on traffic and certainly everyone knaas there �s a�ncern about traffic in the area. He stated if the Council was to d..termine this �.ssue has not been adequately addressed, they would have sufficient reason for denyiny the special use permit. LJ Mr. Herrick stated, if the resolution is adopted, it should be sub�ect ta the develo�r getting all the permita r�uired incluaing the speci�l use permit and to make it clear Cc�uncil is not committinc� itself a_n advance of the proc�duxes and hearings that are r�uirecl. Mayor Nee stated the problen with proaeedang is that the traffic problan has really nevex been addressed. He felt all this should have taeen done by this Lime. Mr. Hernck stated another alternative would be to table cunsideration oF the resolution for two weeks and, if there is add�.tional information at that time, action muid be taken to adopt or not adapt tY?e resolution. -11- .a� f� t� � �� ;. �'�� OOUNCIL MEETING OF NOVEMBER 18, 1985 NI�TION by Coancilnan Goodspeed to table consideration of this resolution until the ne� regular meeting on December 2, 1985 arid residents in the area should be notified the item will be bef ore the Council. Seconded by Councilman Rarnette. Upon a v�ioe vote, all vating aye, Ni�yor Nee declared the motion carried unammoiasly. RECESS: NL�yor Nee called a recess at 9:52 p. m. Nl�yor Nee remnvened the meet�ng at 1U:05 p. m. All Council members were present. 2. PUBLIC HEARING ON THE MATTER OF REDEVELOPMENT DISTRICT, TAX INCREMENT DIS'TRICfi NQ. 6: NY7TION by Coi3ncilmar� Barnette to waive the reading of the public hearing notice and open the public hearing. Seoonded by Councilman Goa3speed. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unammously and the public heaxing o�ned at 10:05 p. m. Mr. Flora, Public Works Director, stated this is a public he�ring f or the establ�shment of Tax Increnerit District #6 which includes all of the 100 Ztain Dxive-In praperty ana a portion of Mr. Johnson's property to the Northeast. He stated Redevelopnent Project Area No. 1 would be expai°�ded and a Tax Incrar.ent Financing Plan would be adopted. Ms. Flora stated the Council has to determine if this is a suitable c�velognent for inclusion in their tax incranent plan. He stated the plan has been prapo�ed to the HRA and thEy have approved the develognent for this locatior_ and ior oombimng it into the Redevelopnent District. Mayor Nee asked if tl�is hearing was related to a specific proposal at this time or �ust establiehing the tax incranerit d� stnct. Mr. Qureshi stated there would be a hearing on the actual agreement with the c�velo�r before the HRA in Deo:mber. Mr. T�illi�n Kell, 5675 Jackson Street, stated he abuts the Johnson property which wou].ci be irivalved in this tax ineranent clistnet. Ee questione�3 what was proposed far the pro�erty and stated the area is poorly located for any adaition�.) flaw af traffic. Mayor Nee stated by making it a tax increment district, at least a substantial �unount �f incone generated would go to solving the traffic problens gart�.cularly as it rPlates to access to Highway 65. Mr. Qureshi statec� there will be additional hearings to advise the residents of the pro�sal for this property. He stated he understands there is going to L�e a neighborhood meeting this Wech�esday. He stated the developer wi11 -12- , � � COiINCIL MEETING OF NOVEN'IBER 18. 1985 then discuss his proposal and interact with the residenLS in th�s neiqhborhood. Ms. Saide Cunderson, 5707 West Moore Lake Drivc-, asked if. the Drive-In proFerty and Mr. Johnson's would be combined. Mr. �ureshi stated the tax incranent district includes Mr. Johnson's property, hcr��er tl�e �rrangements worked out between him and the develo�r is an o�en question. � Councilman Schneider stated f rom preliminary sketches, it appears there would be a oombination of the Drive-In pro�erb,� and hlr. Johnson's propert��. No other persons in the audi.enoe spoke regarchng thas proposed estabiishment of Tax Incr�nent Dlstrict No. 6. NDTION by Councilman Barnette to close the public hearing. Seconded by CAUncilman Schneider. Upon a voioe vote, z11 voting aye, M�yor Nee declar�cl the motion carned unammously and the public hearinn closed at 10:15 p. m. 3. PUBLIC HEARING ON THE MATTER OF TRP.NSFER OF C�NTROL OF STORER COMMUNICATIONS. INC. TO SCI HOLDINGS, INC: NDTION by Councllman Fitzp�trick to waive the reaaing of the public hearing notic� and open the public hearng. Seoonded by Councilman Schneider. Upon a voice vote, all voting aye, Nlayor Nee declared the motion aarried unarmously and the public hearing opered at 10:15 p. m. Mr. Clyde Moravetz, staff adviser to the CaUle Te]evision Commission, intxoduced Mr. Ron Abrams, legal oounsel ior Storer Communcations, Inc. Mr. Abrams then intraluced Mr. Rbdd Spoeri, Northeast Regional Manager for Storer and Martha Brody, staff attorney for Storer. He also introauced Mr. Pmmon, representing Kohlbery, Kravis, Roberts and MacDonnelJ_ and L�inua � Fbtter, oounsel for SCI Haldings, Inc. Mr. Spoeri stated he is responsible for the operation of approximately 19 cable systens in eight states, secving 600,Q00 custaners. He statea it has been no secret Storer plans to sell the spstems in FridlEy, St. Louis Fark, and Bloanington. He stated thc� had a tentati�e agreanerrt with Group W, k�cat that oeased when Group W decided to sell all their systa-�is. Mr. Spoen stated thetr purpose for selling the systems in P7innesota is merely a matter af eooncnucs as the cable system 9oes thr�ugh a periad of graatl� which is naa "clustering", having larqer operations in rnore conf irved areas. He stated after the Group W deal failed to materialize, an offering brochure was pre�red to see if there was another �otentlal buyer for tYae system. He stated six to eight groups here ea�pressed an interest. Mr. Spoeri stated the3 don't want any custcmer to say they deserted them. He stated, while they have the franchise, tYaey would continue to operate in a maru�er all can be proud of. Mr. Spoeri stated the3 are asking Council for apprcual of the transfer. Pe -13- � ? �'j � � (J�UNCTL MEETING OF NOVENIBER 18, 1985 statecl their ob�ective atx7 intent is that the customers will see nothing different. He statecl it will be the same c:orporation doing business with Fxidl Ey anc; they wall folloa the same �nlicies and procedures, working with the same staff they have naa. Mr. S�era stated a mult,i-mill�an dollar training pragram was launched to train �11 their custaner contact �eople on haa to better serve the public. Iie state� cable has changed fran a hardware oriented business to "customer � clriven" and that is why you are �eing e�anding custaner installation. He statea rates won't go up because of market forces, as peaple can do wzthout their servic�. He stated they compete wzth theaters, restaurants, etc, for custaners, �nd, if the prioe goes tao high, peo�tl.e wi].l diswnnect. Mr. Spoeri stated, as far as capital spendinq, it is mentioned there could be a reduction. He stateci tl7e� cannot reduoe their spending because if thEy don't im�rove their service, they eventually will lose custaners. He stated, most imFortat�t, the� are reducing many of theix franchising premium rates riaht now and examining if something similar should be done in Fridl�•. He stated this is proof th�y don't autanatically raise rates, but, in fact, reduce them. He stated they consider it a privilege to serve Pricil ey. Mr. Pmmon, representing Kohlberg, Kravis, Rok�erts and MacDonnell, explained the natijre of the transact2on and how it would affect the day to day operations of Storer. Mr. Ammon stated they have 12 �rofessionals that work with KKR (Kohlberg, Kravis, Roberts) and the mere size of the firn� means they are not an o�ra�.trag �om�ar�y. He stated th�y are financial architects and engineers. He stated the� buy oom�nies in a well-financed transaction. Mr. Ammon stated thc� do not have any expertise in the day to c�y operations in any of the businesses the� aa7uire, but rely on existing mariagement. fIe statec the� � interrd to keep that management in plaoe. Mr. Pmmon stated, in terms of the actual fir�ncial structure, he understands it is very compl.ex. Ne stated he could spend some time going through the structure, but would like to reserve comment on the nature of the transaction until Mr. Richard's has made his report this evening. Mr. Abr�rs stated the trans£er request bef ore the Council is reasonable. He stated no franchising authority dem ed the request and the transaction is financially prudent. I�yor rlee statecl not�� was �ust received the rates would be increased by So. He statecl he wonderec7 if FricllEy's system was making ariy money now, to which I�. Spoeri answered in the af-finnative. Fk�yor Nee stated the So increase was for improving their system and Guestioned wh�t the offering was for Storer. Mr. Ammotz stated he clidn't wi:ah to disclose this at the public hearing as it -14- � OOONCIL MEEPIN� OF NOVII'+IBER 18, 1985 may �eoFarci�ze their position with other buyers. Mr. Gary Matz, legal counsel to the Cable TelEVision Co��ission, stated the report before the Council was pre�ared by lv s firm and Mr. Lbn Richarc3s. He stated the process for this transfer is establishecl by ordinance and St�te law. He stated it provicles that within 30 days aiter the public hearir?g. the City shall approve or deny, in writing, this request. He state� approval of the transfer shall not be unreasonably withheld. He statec the � City may inquire into the qualificatsons of tY!e cltsclosing �rty. Mr. Matz stated Storer has displayed nothing but �o�ration throughout and has been most aooperative. Mr. Nlatz stated the City may condition the transfer on such conditions anc7 terms it feels appropriate. He stated that the new �:arty to the transfer would execute a guarantee of performance of the local operatirig com�ny. Mr. Matz stated, at the time the franchise was given to Storer, the City �eas to appxa�e the techmcal, financial, and legal qualifications. Mr. Nlatz stated, in regard to their qualificatzons, he would address the legal and technical aspects. He stated, at the time of awarding the f ranchise th ree years ago, the City was to approve the lec�al qualifications, based on their x�vi�a of the document pxovided to th�n from the� r legal oounsel. He stated it is the�r opinion the legal qualifications are not substantially altered. Mr. M�tz statec3, in response to the techm cal qualifications, there are no changes anticip�ted in the Fridley cable system and no changes ir� the management af the systen. Also the various doc�ents shaaed the ma�crity of the Storer Board of Directors would remain in place. They are of the opinion there would be no significant changes in the techn�cal q�lifications of the franchise. � Mr. Don Richards, independent financial consultant, reviewed the financial implications of the transfer of Storer Communications. Mr. Richards presented an orgamzation d�art of the merGer of SCI Holdings, Inc. with Storer Cc�mmumcations, Snc. He stated SCI Halc]ings, Inc. arran�ed for a11 ' the financing. Mr. Richards reviewed the exhibits presented in his report and the pro7ections for the future of the com�ny. He stated he placed Storer's equity with the new money they are rusing sc the rate �f return is 5 to 7% whtch is not Farticularly good. He state� this raises a cor�cern if at is difficult for these new buyers to earn an acceptable rate of returr�. 'I'hey may have difficulty in meetinq their capital expenditures. He statec� he made new pro�ections and dropped the revenues to determine the cash flow available for capital e�enditures. He pointed out ��all chanqes in revenue can have a rather siz�ble Qonseguenoe in the bottom line so Storer could easily find itself in a f inancial squeeze. He can see the �ssibility of a cash shortaye. Mr. Richards stated, in order to meet a cash flav shortage, the options o�en woulcl he incxeased revenue, reduce operating expenses, reduce ca�ital -15- r+A�,a �A ,f: a 1^ �� 1� COUNCIL MEETING OF NpVENIBER 18. 1985 spet�n9, raise cash fran outsic7e investors or sell some assets. he ass�uner; the� would explore all of those, if this occurs. He stated Mr. Richards stated a subsequent sale of the Fridley system to another e�rator might well resolve some of the problens we are �ncerned with here, tr.tt it may not. Pz7TI0N by Councilman Schneider to reoeive the report preg�red by Herbst and Thue and Don Richards and Associates. Seconded by Councilman Goodspeed. Upon a voi� vote, a11 voting aye, N3ayor Nee declared the motion carried unaru mosly. Mr. Ammon stated in terms of Mr. Richard's pro7ections which appear in the report, and upon whach he based many of his conclusions, those are pro�ections prepared by the corporate staff of Storer and operating entities. Mr. Pmmon statecl in November of 1984, there was a crontest for control of Storer and, as a result, Storer considerec7 a number of aoq�u sition praposals. Ee felt these pro�ections were put together f ar in advanae without the thought that the operating income generated from those pro�ections wauld be necessaxy to support $2,OD0,000 worth of debt. He statecl those pro�ections were preFared in circinnstances where there was no need to stretch the pro�ections, He stated they are oomfortable an adverse effect isn't going to occur. N1r. Ammon stated he would like to also comment regarding Mr. Richard's analysis irA terms of aunortization in the franchise rights. He stated that wi11 �n no way have any effect in the kind of rates that are charqed in the Fridley syst�ns or any other cable systen Storer operates. He also stated the ec�m.ty is about $285,000 and the rates of equity would be far in excess of 5 to 6%. He stated th� would not have institutional investors iravesting can the basis of that return. Mr, Pmmon stated there will be reported accounting losses in the first several years of this tran�ction. He stated the� are �ying $2.5 billion tor a�mp�ny that hasn't made money in the last several years. He statec� it is xmportant to realize that media companies do not trade in th� marketplace on the basis of net income. He stated media comp�nies are valuea as a multiple to ten times operating cash flow before depreciation ancl amort�zation. Mr. Pmmon stated the analysis here is not an important consideration for the Council tc� take into account. He stated Mr. Richard's pointed out that SCI will not c�enerate suffaeient cash to meet its e�cpenditures. He stated this statenent is cnrrect, but there are impoxtant cons�derations. He stated it is assianed no assets are c3is�n sed of within 12 to 18 months. He stated they woud be disposing of some assets and have three syst�ns that will be sold. He stated, in addition to the disposition of those assets, they will dispose of at least one telcvision station. He stated they anticipate $250-$300 millian will kae reoeived in cv �posing of these assets. He stated they would have sufPieient cash flaa to servioe their capital expenditure rec�turanents. He stated they have never entered into a transaction where they antici�te "squeezing" the capital expenditure needs of a com�ny they acquire. He -16- � COUNCIL MEErING OF NOVE[�ER 18. 1985 statec; they wish to enhance the val.ue of those Y,usinesses and or�e w�y is to spencl money. Mr. Pmmon stated thc� anticl�te cbing that here at Storer. Mr. Pmmon stated their disposition of assets would carry them rhrou,h 1g90 in terms of sufficient cash flaa. He statec3 for the first 18 months when they have not disposed of the assets, there is sufiicient cash availa�le t� service all theit needs. � Mr. Ammon stated they anticipate having to do one of two things, either ciisposing of assets or refinancing some of the clebt c�oming due. He statec� this is sanething that has been disclosed, but they have been able ta sell $1.5 billion in znstitutional debt to financ� tho�e obligations fave years out. Mr. Ammon stated they are not investing $2.5 hillion, but $2$5 nillion. He stated they anticipate there will be very littleo if any additzonal borraaing and anticiFete the necessity af refinancing debt four or five years out. Mr. Ammon stated he believed the assum�tions are very conservztive, r�sonable and achiEVable. He felt a 10� u3crease in aa�ertising revenue is not unrealistic. Mayor Nee stated thc� wou].d be increasing the a�erh�d on tYais o�Zration ar�d wondered what the City would be getti.ng for it. Mr. Pmmon stated day to day operating costs woul.cl renain as thEy have been. He stated the only way the� can be reassured of reg�yment is to insure the business has sufficient capital to grow and the banks and financial institutions have as much oommitrnent to these businesses as ar��one else. He stated it is in the best interests to asssure the local subscribers are taken care of. � Mayor Nee stated they would be increasing the deCt load f rom about 6Q to 80�. Mr. Pnunon stated there is no alloa�tian to Pridley itself. He statea had this transaction not taken place what is referred to as the "reduced wexhead" would have been made availa6le to pay div�dends on the r.ommon stock to �ay shareholders. Mr. Armnon stated three years ago when the franchise was re��ewed, the capitai structure was 25% in eqiuty and 75� in debt and thEy are nav lc,aking at 20o and 80� so capital structures have really nat changed that much. He statec� they are not antici�ting doing anything ciifferent in the fut�;re than c•znat Storer predtcted last Nwanber. i�yor Nee stated $1.2 billion in debt was added for thelr convemence arid qives Fridley nothing and they have to �y it. Mr. Anunon stated they are not asking the oonsiuners in Fridley to incur any additional charaes than what would have occurred with Skorer. N�yor Nee stated if you increase the oosL- af the Systa�n by $I.2 billion, the wns�ners are going to have to �y and asked wh�t they would be getting in -17- � �,4-r 2'r +.� (s I COUNCIL MEETING OF NOVEMBER 18, 1985 xeturn. Mr. Pnunon stated if you look at the pro�ections, it is passible that the transaction sup�orts itself to 1990 at which time they anticipate ref inancing some of the debt. Mr, P,nmion felt the impoxtant thing to kee� in mind is the �le af the syst�n as it no longer fits in with the geographical aar�ership of the systems Storer aans. hir. Richards stated one o£ the very unportant aonsiderations he has learned � being in the irrvestment business is that the prioe you pay for an asset is protably the most important. He statec� ariykime you increase the leverage, you e�,ose yourself to more risk and that is what is being done here. He stated anyone that doesn't take into account the capital return of that asset would find himself behznd the "eight ball". He stated he would be cron�rned with operat�.ng cash flaa and look at the bottom line which is return. [�iyor Nee asked Mr. Richards if he can calculate the oomponent of Fridley's debt. Mr. R�chards statec7 the ogeruting overhead probably won't increase because of this transfer. He stated the� oertainly have more interest cost and nore debt servioe and saneone has to �ay it, but it may not result in increased costs to Fridley subscribers. Mr. 7bdd Spoeri statecl the pro�ectians referred to last November are being met or exceeded right now. He stated he believed the plan before the Council will work, as it is working now, and asked for favoxable consideratson of the transfer. He stated, in referenoe to the rate la�se anc3 what it has to do with the przcing, the marketplace sets the rates. He stated there is no way cable can be forced down the throats of oonstuners. Councilman Schneider stated a letter has been received notifying then about a rate increase. Mr. Spoeri stated this is a 5� basic increase. b1r. Abr�ns stated the� wanted ta be utrfront with tl�e rate increase anc3 that � is wYry they were notified. Playor Nee stated there is a sade letter with Storer concerning their ok�ligation to offer a 50 channel system. He asked if this would be aontinued. Mr. Abrams statec3 he believed the reqm rement is part of the ordinance. He stated as �rt of the acceptance procedure, SCI Haldings will become a signator to the ord�nan�. N]r. Moravetz stated there is a letter of commitrnent that after the five year franchise term, Storer agreed to builcl a SD ch�uuiel system, if they reoeiveci a 15 year franchise. Mr. Abrams stated if Storer Comrnuru cat�.ons went out and borr ared $2 billion and distxibuted it to the shareholders, th�y wouldn't be here this evemng because there wouldn't be a transfer of �ntrol. He stated, because of KHIt, they are here tomght. Councilm�n Schneic7er asked what the oFkions were regarding disposition of -18- � OpUNCIL MEETING OF NJVF�ER 18. 1985 this matter. Mr. Matz stated the Coimcil r_an apprwe the transactzon as it is before th m� this evemng or they can de� it. He stated, uncler hhe existirio franchlse ordirrznoe, the Council has the ri�t to attach terms ar3d conditions. Mr. Ammon stated thEy oertain].y don't want to c3o anything wif�hout the local authority's oonsent. He stated the only areas where they are seeming to � meet s�ne resistanoe is in rl�nnesota. He stated if cansent wasn't granted or conditions imposed which they felt were erroneous, it woulc� be something the3 would have to take into acoount in closing the rxansaction. Mayor Nee asked Mr. Ammon to sutmit his comments thzs evening, in writzr.g, to the Council. L�DTION by Councilman Schneider to wntinue the �xabl�c hearing on Lhe matter of this transfer to Demmber 2, 1985. Seconded by Councilm�n Goodspeer. IIpon a voice vote, all voting aye, Mayor Pdee declared the motion carried unammously. 4, PUBLIC HEARING ON THE ISSUANCE OF A REGULAR ON-SALE L14UOR LICENS� FOR " EE"S RESTAURAATr. 6490 CFNZ`RAI� AVENUE N. E. , GARY BRAAM: NDTION 6y Coimcilman Fitzp�trick to waive the reach ng of the public heariny notice and open the public hearing. Seoonded by Councilmara Goodspeec�. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unammously and the public hearing o�r�d at 12:05 a,m. Mr. B111 Weiss stated he has sold his business, Sandee's Restaurant to Mr. Bra�n. He stated he �nid $6,000 for the liquor license and P4r. Braam also �id $3,000. He questioned if he would be receiv�ng a refund since he dtc�t't have the license a full year. � Mr. Pribyl, Fxnanoe Offioer, stated the orc3inanc�e does not address itself to a rafund when an aaner exits a business, but only to �ro-rating the licer,se when a nesa wrner takes over. � Mr. Herrick, City Attorney, stated he f elt it is clear the City is collecting fran two people fox the same period of t�me and dicin't feel that was the intent of the ordinance. He felt the way ta carrect this wou].d be an amendment to the ordinance. He stated there is a provision for pro-rating far a new aaner, but no prwision Fox pro-xating 4�hen an owner lesves a business. N1r. Qureshi, City Manager, stated he would recommend staff research this xtan and sukmit a report and, if there is �ustification, t.he money ean be ref uded. Mayor Nee stated the hearing is £or the issoance oF an on-sale liquor lioense for Sandee's Restaurant tu Gary Braam. Mr. Prit�l stated the police irivestigatian e�as completed and ag�proval is -19- .� '�r iu, � � ��, COUNCIL MEETING OF NOVEMBER 18, 1985 reconunenc7ed of the l��nse. Mr. Br�n stated he didn't antic�Fate making any changes in the restaurant. NY)TIGN [�y Councilr��n Schneider to close the public hearing. Seconded by Coancilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unammously and the public hearing closed at 12:10 a. m. OI,D BUSINESS• 5. CbNSIDERATION OF APFOINTMENr'IT) COMMUNITY DEVELOPMENT COMMISSION (TABLED 11/4/85): NDTION 6y Councilman Fitzg3tn ck to table this item. Seconded by Councilman Goodspeed. U�n a voice vote, all voting aye, Nkyor Nee declared the motion carried una[umously. 6. CONSIDERATION OF A UAFiIANCE REQUESP ZY7 ALTAW CONSTRUCPION OF A GARAGE. 7571 AS�DEN WAY, DENNIS A WOOD: Mr. Wood submitted a new pr��sal where the garage would not be setback, but brouaht forw�rd and kept in ltne with the house. He stated he is also chanying the size frcm 24 to 20 feet and keeping the depth of 22 feet. A7r. b+7ood stated he would he changing the drive into the new garage and deleting the entrano` onto Alden Way. , Mr. Leray Anderson, 7581 Alden Way, stated he still ob�ects as he would be facing a 60 faot wall. He stated he is not asking for anything here that is not in the ordinance. Mr. Anderson stated he felt he was being asked to Xay qin te a pn oe. He stated Mr. Wood lmew of this situation when he purchased the house, ancl there is raxn on the east side of the house to construct a c�,ar�c,e, with no variance needed. Councilman Fitz�atrick stated right naa Mr. Anderson looks out on a driveway � where wnstructian vehicles are gzrkec7. He stated the petitipner is willing to take out that drivc�aay anci restore the boulevard and curbing. He stated it se�ns, if he was in Mr. Anderson's position, he would be glad to see the driveway and the �rked vehicles go and the boalEVard restored. Mr. Herrick, City Attorney, stated if the house was facing Rickard Road and Alden Way was a side yard, then the setback would be about 17 feet. Councilman Fitz�atrick stated he understands Mr. Anderson's ob�ection to looking at 60 feet of wall, but he now is looking at vehicles parked outside. Mr. Anderson stated, onoe the yarage is oonstructed, he is stuck with rt, and there is rc�o�u on the east side of the house. Councilman Fitzp7trick stated he agrees Mr.Anderson shoulc7n't have to look at vehicles or 6D feet of wall, 6ut if nothing is done, he will continue to look at �rked vehicles. Nlrs. Anderson statecl they wantec3 to attach their oarac�e alsa, but wasn't allvr�ed a two foot varianae. -20- � �".�� OOUNCIL MEEPING OF NJVE[�'IBER 18. 1985 Mr. Rusty Silseth, 7521 Alden Way, stater� when the stakes were ir� on Mr. Anderson's house, he triec3 to talk the c;evelop�r into moving it hack sa � t would be aliqned properly, but the� are not. Mr. Wood statec�, if you take into consideration what should be f ront, the front yard setback is approximately 35 feet frwn the property line. The side yard from tYae groperty line would be 17-1/2 so it wc+ulci he onlq about a 1-1/2 f-oot varianc�. � G�uncilman Fitz�etrick stated he understands this is an extreme v�rzance request, but, on the other hand, he believes this wzll keep �ming up until tl�ere is a garage on this property. Mr. Dennis Dittrner, 7595 Alden Flay, statec� he has livecl at this address f or 38 years and the ordinanoe is 35 feet and ielt it should be kept. Mr. Anderson stated it has to be shown the property can't develo� in any other way for the variance to be yranted. Mr. LkZrren Anderson stated for a variance to be apprwed, there has to be no other way to phys�.cally put this in. Councilman Fitz�trick stated the petitioner is a victim of what really should be his sicle yard is his front yard, Fre stated the descriptians of front and side yard are used for assessment purposes. He stated, if this were Mr. Wood's side yard, it wouldn't be much of a varianoe. M�TION by Councilman Fitz�trick to grant the varzarxce £or construction of a 20 x 22 foot attached garage wiY1z the drivEway off �ickard Road, with the stipula�ion that the petitioner ranove the blacktop in the existing drive�aay and restore the �ncrete curb and restore the area with sod and landscapinc�. Seconded by Councilman Schneider. Upan a rell call vote, Councilman Fitz�atrick, Councilman Schneider, Councilmari Goodspeed, and Councilman � Barnette voted in favor of the motion. Mayor Nee veted against the motion. Nbiyor Nee declared the motion carried by a 4 to 1 vote. Mr. Anderson questioned the hardsl-iip. Councilman Barnette stated he felt good sense dictates the garage should go on the west si�e af the house. � D7EW BUSINESS: 7. RECEIVING Tf� STP.TEMENr OF CFINVASS FOR THE NOVEI�9B�R 5. 19$5 GIIVERAI. ELECPION (WARD II): NDTION by Councilman Fitz�atrick to receive the statement of canvass for the Novenber 5, 1985 General Election, Warc3 II. Seconded by Councilman Goodspeed. Upon a voice vote, all votiny aye, Mayor Nee declared the motion carried unarumously. Canvass follovrs -21- ^ /5 !� I STATEMENT pF CANVASS GENERAL ELECTIDN NDVEMBFR 5, 1485 DCCCARf1TIQ�i uf RES�JLTS THFREUF A. In accordance with Section 4.08 of the Charter of the C�ty of Frid�ey, Ffl nnesota, the City Council declares the results of the 1485 General Election to be as follows: A. 7ota] number of bal]ots cast was: Ward 2- Precinct 1 62 Ward 2 - Precinct 2 �a Ward 2- Precinct 3 116 Ward 2- Precinct 4 110 TOTAL 349 B. The number of votes for each candidate, number of overvotes and undervotes and write-in votes are as follows: Den m s L. Schneider Overvotes Undervotes l�Jn te-i n Votes TOTALS W-2 P-1 58 �t 3 1 James J Bauer 62 COUNCiLME!�°EP, - WAP,C ?I W-2 P-3 51 0 5 2 Curtis Barness 3 John Garqaro 61 _22_ W-2 P-3 109 0 4 1 John Gargaro 1 Glenn Douqlas 1 Geral�t Mac'how� �:z A 116 !J-2 P-4 I04 0 3 2 Everett Utter 1 Kenneth Bur�au 110 TOTAL 322 0 15 12 349 7 �J 1 L__J STATEMENT OF CANVASS PAGE 2 GENERAL ELECTION � '��` NDYEMBER 5, 1985 C. 7he following officer was duly elected to the office of Councilmember Ward II• Dennis L. Schneider � D. The following is a true copy of the ballot used: r n OFFICAL CITY ELECTION BALLOT � Pul so lal m the squere oppoerte the neme of eech cand�dale �ou � wieA lo vo[e for CITY OF FRIDLEY GENERAL ELECTION NOVEMBER 5, 1985 FOR COUNCILMEMBER WARD2 VOTE FOR ONE r- —'. � a : DENNIS L SCHNEIDER �L�� . � ±�„ STATEMENT OF CANVASS GENERAL ELECTION i ' PAGE 3 NOVEMBER 5, 1985 E: The naries of the �udges of the election are as follows WAR� 2 PRECINCT 1 •Alice Henderson Terry Johnson Jean Pladson Marlene Eidem WARp 2 PFECIM1CT 3 *Lee Carlson Kathleen Hoppe Kay Beihoffer Janice Heheisen MAYOR - WILLIAH J. NEE a. cor�sto RDINANCE _pG_ WAR� 2 PRECINCT 2 *Pat Anderson Doris Moxness Mary J. Johnson Helen Shaffer WARD 2 PRECINCT 4 *Uirainia Bureau Jean Waqar Delores Mellum Mary Jechorek Naida Kruger Jean Gerou �I U C LMEMaEP �� 0 N ILMEM EP. COUNCILMEMBER i! THE FRIDLEY 0 C I M. E ING � �UNCIL MEE'PING OF NDVF�[�ffiER 18, 1985 MOTION by Councilman Schneider to waive the readir�g and approve this ordinanoe upon first reading. Seconded by Councilman Goodspeed. Upon a voice vote, all voting aye, Mayor Nee declared the motion carrieo unanimously. 9. RECEIVING THE MINUTES OF TfIE CHAR'i'ER OOMMISSION MEETING OF MARCH 18, 1985: � MOTION by Councilman Schneider to receive the minutes of the Charter Commission meeting of March 18. 1985. Sew nded by Councilman Barnette. Upon a voioe vote, a11 voting aye, Mayor Nee declared the motion carried unammously. 10. RECEIVING TE� MINU`i`ES OF THE CABLE TELEVISION ADVISORY COMNLISSION MEETING OF OCit�BER 17 . 1985 • NIOTION by Councilman Schneider to receive the minutes of the Cable Teleaision Commission meeting of October 17, 1985. Seconded by Councilman Barnette. Upon a voice vote, all voting aye, N�yor Nee declared the motion carnecl unammously. 11. RECEIVING THE MINUTES OF THE PLANNING COMMISSION MEETING OF NOVEMBER 6, 1985: A. SPECIAL USE PERMIT SP #$5-12 � ALI,OW A DIFFERk�Nr COMMERCIAL USE IN AN S-1 ZONING DISTRICT, 5973 3RD STREEP N.E.. BY ADERIAN SMITH: Mr. Flora. Public Works Director, stated this proposal is to allow a printinq plant at 5973 - 3rd Avenue. He statec3 the business previously at this location was The Energy Shed. Mr. Flora stated the property is in an S-1 zone in the Hyde Park area. � Mc. Flora stated the petitioner agrees to make substantial site imprwenents, and the Plamm �g Commission recommended approval with nine stipulations, which he outlined. Councilman Goodspeed stated the stipulation that the City should sell land to S-1 zoned property was in violation of the spirit of the S-1 zoning in that these businesses shoul�'t expand. Councilman Fitzp�trick stated he agreed with Councilman Goodspeed on e�ansion of norrconforming uses which they would have if the petitioner were to buy the City land. He stated if the petitioner were to purchase this land, he pelieved it would affect a n�nnber of the stipulations. Pe stated the question he had was if the petitioner. Mr. 5mith, wishes to purchase this City property. Mr. 9nith statec3 he d�c7 not. Mr. Quzeshi, City Manager, asked Mr. SmitYa hav many xarking s�ces he needed in order to conduct his business. Mr. SYnit1� stateu� six to eight cars would be there on a� given day. Mr. Qureshi asked Mr. SYnitl� haa he intended to provide the Farking. Mr. 9nith stated it wouldn't be possi6le to provide the required �rking if it had to be marked and stxiped, without the extra -25- i� f��7 �,p�� COUNCIL MEETING OF NOVSI�ER 18, 1985 land. Mr. Qureshi stated the question really is if this is an improvement to the building. He stated, if it is, he felt there should be curbing to make it look presentable. Councilman Schneider stated if City land is used, it precludes anything being built on the slip-off. Mr. Flora stated there has been some discussion before the Plaivn.ng Commission about the City closing off the sl iFrof f . � Councilman FitzFatrick stated there were statenents to the effect that the �urpose of the S-1 zomng was to return the area to residential. Mr. 9nith stated he was in agreement with the stipulations made by the Planiu ng Commission and would work with the City regarding the parking and landscaping. Mr. Flora stated staff can work wxth Mr. Smith to bring the pro�rty closer into code compliance, without him acquiring additional property fran the City. Councilman Goodspeed stated he did not want additioral land given or sold to the petitioner, but he would not be opposed to his leasing it. I�DTION by Councilman Goodspeed to grant special use permit SP #85-12 to a11aa a different wmmercial use in an S-1 District at 5973 - 3rd Street, with the following stipuJ.ations: (1) exterior improvenents be made to the building, as per plan, by May 1, 1986; (2) a portion of Lot 29, approximately 1,604 square feet, be leased fran the City for $1.00 per year with the City's nght to terminate the lease with a one year notice, after the third year; (3) parking area be provided, as per plot plan, with concrete curbing and asphalt paving by July 1, 1986;(4) landscaping be provided, as per plot plan, by August 1, 1986; (5) a sotand insulated chamber be provided for the air compressor, prior to occupancy; (6) a site imgrovanent �erformance bond be pxovided 1n the amount of $5,000, prior to the issuance of a buildinq permit; (7) ex�nsion of the proposed business, � including the additian of a printing press or building additions, will rcqmre a review of the special use permit; (8) employee parking needs should not exceed eiyht stalls at ariy one time, �uil.ess a�itiorrzl �arking is made available; and (9) this s�cial use permit is f or the pioposed business only. Seconded by Councilman Schneider. Upon a voioe vote, all voting aye, Mayor Nee declared the motion carried unarumously. B. SETi'ING A PUBLIC HEARING ON THE MATTER OF A FINAI, PLAT, RIVE�D PARK BY CI7ARLE5 COOK• NDTION by Councilman Fitz�trick to set the public hearing on this plat for December 2, 1985. Seaonded ty Councilman Schneider. Upon a voioe vote, all voting aye, Mayor Nee declared the motion carried unammously. C. REVIEW OF A SPECIAL USE PERMIT. SP #78-13. TO ALLIJW SALES ADID SERVICE FOR Tf� INSTALL�P.TION OF SERVICE STATION EQUI� ME;NT, 5333 UNiVERSITY AVEN[IE N.E. , BY MINNESOTA PETf�LEUM SERVICE. STEVE HANSON: -? 6 - � �,��- OOUNCIL MEETING OF N�VEMBER 18, 1985 Mr. Flora, Public Works Director, stated this property is located east of Umversity Avenue and north of 53rd Avenue. He stated the operations of this establishment were reviewed, after a fire, and it was found the business had expanded beyonc3 the commerical use and was industrial in nature. Mr. F1ora stated it was recommended they apply for a special use permit, sinoe the operat�.ons of the business had changed. ' Mr. Flora stated the Plaruv.ng Conunission re�cunended approval with certain stipulations, which he outlined, in order f or the special use to coritinue. Mr. Hanson, the Fetitiorer, stated he would like the stipulation reoarding a $2,000 perf ormance bond to be el uninated. NDTION by Councilman Fitz�atrick to rrapprwe special use permit SP #78-13, with the follaaing stipulations: (1) fence be replaced by November 29, 1985, as per plan; (2) a new fenoe be installed for additional storage area on the southwest mrner of the build�ng, as per plan, and by November 29, 1985; (3) a new fence be installed, by November 29, 1985, to enclose dtmpster area, as per plan; (4) landscaping be installed by November 29, 1985, as per p]an; (5) fencing and building to be stained or painted by Nwanher 29, 1985; (6) Armor Shield Tank Limng Sicg� and Nlinnesota Petroleiun Service sicyi to be renoved and replaced with a single combination sign to accommodate both businesses which meets City cnde by Novanber 30, 1985; (7) storage yard to be rearranged and place all material, including equipnent on the property, to the north within fenced area by February 28, 1986; (8) remove trailer from storage yard by February 28, 1986; (9) replace blacktopping within storage yard by June 1, 1986; (10) all equi�xnent and materials unique to the Armor Skueld Tank Limng business are to be removea from the site and continue to be removed fx�n the site; and (11) this sFn_cial use Fermit to be reaieoaecl by the Plaruv.ng Catunission in June, 1986 . Seconded lr� Councilman Goodspeed. Upon a voice vote, all voting aye, Mayor � Nee declared the motion carried unammously. D. ITEM FAOM THE APPEALS COMMISSION MEETING OF OC�BER 29, 1985: VARIANCE REOUESTS TO RIDUCE SEPBACK FOR PARKING ADID HARDSURFACE ARFAS FROM ANY SIDE I�OT LINE ADID FROM ANY RFAR L(YP LINE, 79�0 AI�ID 7980 RANCHER'S R(�D ADID 7989 MAIN SPREET BY GERIIL�U PASCHKE: Mr. Flora, Public Works Director, stated these are van ances to reduce the reqtured setback for �arking and hard surface areas from five to zero feet fran the side and rear yard setl�cks. N�r. Flora explained the hardship stated was that the glacement of landsca�e buffers between develognents is not conducive to efficient �rking lot layout and maneuveriny of semi-tractor trailers. Mr. Flora stated the Appeals Commission recommended approval, with four stipulations, which he outlined. NDTIDN by Councilman Goodspeed to apprwe the vananoe request to reduce the required setback for Fsrking and hard surface areas f rom 5 ta 0 feet f rom -2 7- �� 4yce �� COUNCIL MEETING OF NOVENIBER 18, 1985 NY�TION by Councilman Schneider to waive the reading and approve this ordinance upon first reading. Seconded by Councilman Goodspeed. Upon a voice vate, all voting aye, Mayor Nee declared the motion carried unammously. 9. RECEIVING THE MINUTES OF THE CIII�RTER COMMISSION MEETING OF MARCH 18, 1985: MOTION by Councilman Schneider to receive the minutes of the Charter � Commission meeting of March 18, 1985. Seconded by Councilman Barnette. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unammously. 10. RECEIVING THE MINUTES OF THE CABLE TELEVISION ADVISORY COMMISSION C�ETING OF OC'i'OBER 17. 1985: MOTION by Councilman Schneider to receive the minutes of the Cable Television Commission meeting of October 17, 1985. Seconded by Councilman Barnette. Upon a voioe vote, all voting aye, Mayor Nee declared the motion carxied unammously. 11. RECEIVING THE MINUTES OF THE PLANNING COMMISSION MEETING OF NOVEMBER 6, 1985: A. SPECIAL USE PERMIT SP #85-12 � ALSAW A DIFFRRFTTI' COMMERCIAL USE IN AN S-1 ZONING DISTRICT. 5973 3RD 5'TREE"P N.E. , BY ADERTIIIV SMITf3: Mr. Flora, Public Works Director, stated this proposal is to allow a printing plant at 5973 - 3rd Aven�. He stated the business previously at this location was The Enerc�y Shed. Mr. Flora stated the property is in an S-1 zone in the Hyde Park ar�. Mr. Flora statec� the petitioner agrees to make substantial site � improvanents, and the Plan�ung Commission recommended approval with mne stipulat�.ons, which he outlined. Counciln�an Goodspeed stated the stipulation that the City should sell land to S-1 zoned pxopexty was in violation of the spi n t of the S-1 zom ng in that these businesses shoulch�'t expand. Councilman Fitzpatrick stated he agreed with Councilman Goodspeed on e�ansian of non-conforming uses which they would have if the petitioner were to buy the City land. He stated if the petitioner were to purchase this land, he believed it would affect a nwnber of the stipulations. He stated the question he had was if the petitioner, Mr. Smith. wishes to purchase this City property. Mr. 9nith stated he did not. Mr. Qureshi, C�ty Manager, asked Mr. 9nith haa many �arking s�aces he needed in order to conduct his business. Mr. &nith stated six to eight cars would be there on ariy given day. Mr. Qureshi asked Mr. 9nith haa he intended to pra�ide the xarking. Mr. 9nith stated it wouldn't be possible to provide the required �rking if it had to be marked and stri�d, without the extra -2F- � COUNCIL MEETIIVG OF NOVE[�ER 18, 1985 : ��-� land. Mr. Qureshi stated the question really is if this is an improvement to the building. He stated, if it is, he felt there should be curbing to make it look presentable. Councilman Schneider stated if City land is used, it precludes anything being built on the sliFroff. Mr. Flora stated there has been some discussion before the Plamm�g Commission about the City closing off the � sliFroff. Councilman Fitzp�trick stated there were statenents to the effect that the - purpose of the S-1 zomng was to return the area to residential. Mr. �nith stated he was in agreement with the stipulations made by the Plaruung Commission and would work with the City regarding the �rking anc3 larxlscaping. Mr. Flora stated staff can work with Mr. S�nith to bring the property closer into crode compliance, without him acouiring additional property fran the City. Councilman Goodspeed stated he dtid not want additional land given or sold to the petitioner, but he would not be opposed to his leasing it. NDTION by Councilman Goodspeed to grant special use permit SP #85-12 to allaa a differem oommercial use in an S-1 District at 5973 - 3rd Street, with the follaaing stipulations: (1) e�cterior improvanents be made to the building, as per plan, by May 1, 1986; (2) a portion of Lot 29, approximately 1,604 square feet, be leased fran the City fox $1.Q0 per year with the City's nght to termv�ate the lease with a one year notice, af ter the third year; (3) parking area be provided, as per plot plan, with concrete curbing and asphalt p�ving by July 1, 1986;(4) landscaping be provided, as per plot glan, by August 1, 1986; (5) a sowid insulated chamber be provided for the air compressor, priar to occupancy; (6) a site improvsnent performance bond be provided in the amount of $5,000, prior to � the issuance of a building permit; (7) ex�nsion of the proposed business, inclucling the addition of a printing press or building additions, will require a review of the special use permit; (8) employee Farking needs should not exceed eight stalls at any one tsme, Lmless additional �rking is made available; and (9) this special use permit is for the proposed business only. Seoonded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carned unarumously. B. SETTING A PUBLIC FIEARING ON THE MATTER OF A FINAL PIAT, RIVERWWD PARK BY CHARI�ES COOK: [•DTION by Councilman Fitz�trick to set the public hearing on this plat for December 2, 1985. Seoonded ty Councilman Schneider. Upon a voiae vote, all voting aye, Nl�yor Nee declared the motion carried unammously. C. REVIEW OF A SPECIAL USE PERMIT. SP #78-13, � ALLOW SALES AND SERVICE FOR THE INSTALIATION OF SERVICE STATION E4UI� MENP. 5333 UNIVERSITY AVENUE N.E.. BY MINNESOTA PETItOLEUM SERVICE. STEVE HANSON: -2°- � ��' 4'l� ODUNCIL MEETING OF I�VEMBER 18, 1985 Mr. Flora, Public Works Director, stated this property is located east of University Avenue and north of 53rd Avenue. He stated the operations of this establishment were reviewed, after a fire, and it was found the business had eapanded beyond the commerical use and was industnal in nature. Mr. Flora stated it was recommended they apply for a special use permit, since the ogerations of the business had changed. Mr. Flora stated the Planrung Commission xecommended approval with certain ' stipulations, which he outl.irted, in orc�r for the special use to o�ntinue. Mr. Hanson, the petitioner, stated he would like the stipulation regarding a $2,000 performance bond to be elrminated. NDTION by Councilman Fitz�trick to rrapprwe special use permit SP #78-13, with the follaaing stipulations: (1) fence be replaced by November 29, 1985, as per glan; (2) a new fenoe be installed for additional storage area an the southwest corner of the building, as �Zr glan, and by November 29, 1985; (3) a new fence be installed, by November 29, 1985, to enclose dum�ster area, as �xr glan; (4) landscaping be installed by November 29, 1985, as per plan; (5) fencing and building to be stained or �ainted by NovemUer 29, 1985; (6) Armor Shield Tank Limng Sign and NLtnnesota F�trole�nn ;ervice sic� to be renoved and replaced with a single combination sign to acco�nodate both businesses which meets City code by Novanber 30, 1985; (7) storage yard to be rearranged and place all material, including equipnent on the property, to the noxth within fenced area by February 28, 1986; {8) remove trailer frwn storage yard by February 28, 1986; (9) replace blacktopping within storage yard by June 1, 1986; (10) all equipment and materials imique to the Armor Shield Tank Lining business are to be removed from the site and continue to be removed from the site; and (11) this special use permit to be rc�viewed by the Planning Commission in June, 1986. Sewnded by Councilman Goodspeed. Upon a voioe vote, all voting aye, Mayor Nee declared the motion carried unammously. D. ITEM FROM THE APPEALS COMMISSION P+�ETING OF OC'PDBER 29, 1985: , U11RI11NCE R�QUESTS TO RIDUCE SEPBACK FOR PARKING ADID FIARDSURFACE AREAS FItOM ANY SIDE ITJT LINE AI�ID FROM ANY REAR UJT LINE, 7940 ADID 7980 RANCHER'S ROAD ADID 7989 MAIN STREET BY GERAI,D PASCHKE: Mr. Flora, Publzc Works Director, stated these are variances to reduce the reqmred setback for Farking and hard surfaoe areas from five to zero feet fran the sic7e and rear yard setbacks. Mr. Flora e�lained the hardship stated was that the placement of landscape buffers between developments is not conducive to efficient �rking lot layout and maneuvering of semi-tractor trailers. Mr. Flora stated the Appeals Commission xecommended approval, with four stipulat�.ons, which he outlined. NDTION by Councilman Goods�ed to appxa�e the varianoe request to reduce the required setback for �arking and hard surface areas f rom 5 to 0 feet from _�� _ ' � i� � � COUNCIL A7EETING OF NJVSNIDER 18. 1985 . °�� , any sicle lot line and to reduce the reqiured setback for parking and harc7 surfaoe areas fran 5 to 0 feet fran any rear lot line on Lots 4, 5, 6, 7 and 8, Block 4, Uruversity Industrial Park Addition, the same being 7440 and 7980 Rancher's Ra1d and 7989 t�in Street. with the following stipulations: (1) �oint driveway easement/�rking agreanent between Lots 1 through 8(to allaa circulation rights fran 79th to Slst Avenue) to be recorded at Anoka County prior to certificate of occupany for Lot 7 or Lot 4; (2) ;oint driveway easement aqreanent hetween Lots 4 and 7(to allaa �oint access off Rancher's Road) to be recorded at Anoka County prior to certific;ate of occu�ncy for Lot 7 or Lot 4; (3) prwide proof of pond size adequacy; and (4) petitioner provide storm sewer easements. Seconded by Councilman Fitz�trick. Upon a vo.tce vote, all voting aye, Mayor Nee declared the moti on carried unammously. MOTION by Councilman Schneider to recezve the minutes of the Planning Commission meetsng of Idwe�nber 6, 1985. Seconded by Councilman Goodspeed. Upon a voice vote, all voting aye, Mayor Nee delcared the motion carried unanimously. 12. CONSIDERATION OF A RESOLUTION RELATING TO THE APPROVAL OF A MULTIFAMILY HOUSIN� PI3�GRAM FOR Tf� CONSfRUGTION OF A MULTIFAMILY HOUSING PRQ7ECT BY THE FRIDLEY PLAZA ASSOCIATES LIMITID PARTNERSHIP AND AUTHORIZING THE SALE OF HOUSING REVENUE BOAIDS- Zhis item was oonsidered early in the evemng, along with Item 1--the public hearing relating to this pro�ect and was tabled to the meeting of December 2, 1986. 13. RESOLUTION N0. 97-1985 RELI�TING � THE INLARGEMETTr OF REDEVELOPMENT PROJECT N0. 1: ANIENDMENP OF TAX INCREMENT FINANCING PLAN FOR DISTRICT N0. 2 THROUGH 5; ESTABLISIIl'7ENi' OF TAX INCREI�NT FINANCING DISTRIGT N0. 6 AbID AMEDIDMENT OF MODIFIID REDEVESAPMEI�FP PI,AN ADID ADOPTION OF TAX INCREMQ�7P FINANCING PLAN FOR DISTRICT IVJ. 6: f�DTION by Councilman Goodspeed to adopt Resolution No. 97-1985. Seaonded by Councilman Fitz�trick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unammously. 14. RESOLUTION N0. 98-1985 ORDERING THE PRELIMINARY PLANS. SPECIFICATIONS AND ESPINIATES OF TI� COSPS Tf3EREOF: WATER AAID SANITARY SEWER PROSEGT #160: NDTION by Councilman Schneider to acbpt Resolution No. 98-1985. Seconded by Councilman Goodspeed. Upon a voioe vote, all voting aye, Mayor Nee declarc] the motion carned unammously. 15. RESOLUTION N0. 99-1985 RECEIVING THE PRELIMINARY REPORT AND RECEIVING A PETITION TO WAIVE A PUBLIC HEARING ON THE MATTER OF THE CONSTRUCTION OF CERTAIN IMPE2��MENPS: WATER ADID SANITARY SEWRR, P120.iECT #160: e�DTION by Councilman 5chneider to adopt Resolution No. 99-1985. Seoonded }7y Councilman Goodspeed. Upon a voioe vote, all voci,ig aye, N�yor Nee declared the motion carried unarumously. -31 �- _ � ,� � �� ODUNCIL MEE;I`ING pF NOVENIDER 18, 1985 �6. FtE,.SGLUTION ND. 100-1985 OF,DEFING 1NIFROVEMENI' AND PLANS AI4L SP�;CIFICA'S"IO2dS ADID ESTIMATES OF CG"STS THERF�('iF: WATER AbID SANITAI2Y SEj�JEk 1'1:OJECT #160; N�TTON k�y Councilman Barnette to acbpt Resolution No. 100-1985. Sewnded by Councilman Schneider. Upon a voi� vote, all voting aye, M�yor Nee delcared the motion carried unammously. 17. RESOLUTION N0. 101-1985 ORDERING IMPROVEMENT. APPROVAL OF PLANS ADID ORDERING � ADVERTISEI�NT OF BIDS: WATER AND SANITARY Sh'WER PId�.7ECT #160: NDTION by Councilman Schnelder ta adopL- Resoluuon No. 101-1985. Seconded by Councilman Goodspeed. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 18. RESOLUTION N0. 102-1985 SUPPORTING THE EAST RIVER ROAD AND OSBORNE ROAD INTERSECTION IMPROVENIENP PRDJECT #SP 02-638-07: NDTION by Councilman Schneider to adopt Resolution No. 102-1985. Seconded by Councilman Barnette. Mr. Flora, Publc Works Director, stated this improVenent on East River Road is �ust north of Ri.ckard Ra3d to �ust south of Glen Creek Road. He stated it would consist of two lanes in each direction with concrete medians to charuzelxze traffic and limit crossings to Logan Parkway, Osborne and Rickard Road. He stated these crossings w�ll have protected lef t turn lanes when the entire segment is finalized. Mr. Flora stated the improvanent on Osborne Raad is 7ust west of East River Road to Commerce Lane. It will include turning lanes witl� sicyzalization on East River Road, imprwed railroad cxossing, and two lanes of traffic in each cti. recti on. Mr. Flora stated it is important to identify the requirements for the � bikeways, walkways and sidewalks. He stated the County has plans for a bikeway system along East River Road and the City has established a bikeway/walkway east/west syst�n alon9 the north side of Osborne Road. Councilman Fitzpatrick stated he had concern with any plantings, as complaints have been received from residents regarding the plantings installed in the imprwanent of East River Ra�d further to the south. Mr. Flora stated, where the left turn lanes are located, there wouldn't be arry p7.antings at all. Councilman Fitz�trick stated he would like to send a resolution to the County to the effect that in the Fridley g3rt of the improvenent, there not be any plantings at all. Mr. Qureshi, City Nk�nager, stated one of the mncerns on East Ra.ver Road is they dichl't want all blacktop and the plantings were cbne in order to break the harshness of the roadway and for aesthetics. He felt this was a dtfferent situation here than farther south on East River Road. Mr. Qureshi �2- � � � � J � COUNCIL MEEPING OE NOVENIBER 18 , 1985 - ,� stated, when the plans are available, it weuld shaa to what extent plantings will 6e cbne. Councilman Fitz�trick felt staff should convey to the County their mnoerns and request there not be any plantings. Councilman Barnette stated he would agree as he has had many comglaints with plantings farther south on East River Road. UI�N A VOICE VOTE TAF�N ON �IE ABOVE NDTION, all voted aye, and Mayor Nee declared the motion carried unammously. 19. RECEIVSNG BIDS ADID CONSIDERATION OF AWART)ING CONTRACT FOR WATER AND SEWER PR�JECT N0. 156: NDTION by Councilman Schneider to reoeive the following bids for Water and Sewer Pro7ect No. 156: Dave I�rkins Contracting 7833 Um ty Avenue No., Brooklyn Park, Minn. Hydrocon, Inc. P. 0. Box 129, North Branch, Minn. 55056 Channel Construction Co., Inc. Route 2, Box 53, Isle, t7inn. 56342 Encon Utilities 1530 Fast C1iff Raad, Burnsvil.le, Minn. 55337 F. F. Jedlicki 14203 W. 62nd St., Eden Prairie, Minn. 55344 0 & P Contracting, Inc. Box 506, Osseo, Minn. 55369 Hennen Construction Co. 14520 NLSin St., Rogexs, Mtnn. 55374 Ro-So Contracting 7137 20th Avenue, Centerville, Nltinn. 55038 NL�r-Man Corttracting Co. 11985 SwvYybrook Rc�d, Eden Pxairie, i+hnn. 55344 B & D Underground 6130 S�set Dcive, Mound, Minn. 55364 Bomne Excavating, Inc. 12636 Main Street, Rogers. Minn. 55374 $66,422.50 $57,262.00 $45,342.90 $45,555.25 $55,$00.00 $54,121.01 $47,356.00 $70,964.�0 $62,166.75 $56,815.$7 $37,669.6D Seconded L� Councilman Barnette. Upon a voioe vote, all voting aye, Mayor Nee declared the motion carried unammously. -� 3 - �* ` ;� � ,�, 20 21 COUNCIL MEETING OF NOVF�ER 18. 1985 NDTION by Counciln�an Barnette to award the contract for Water and Sewer Pro�ect No. 156 to the low bidder, Bonine Excavating, Inc. of Rogers, Minnesota in the amount of $37,669.60, contingent on the City reoeiving the necessary eas�ement agreanents. Seoonded by Councilman Schneicler. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unammously. CONSIDERATION OF A PETITION FOR MIINBLOCfC STREET LIGHT. 5121 HOGHES STREET: Mr. Flora, Public Works Director, stated a petition has been received for a mid-block street light on Hughes Street to be installed in the northwest oorner at 5121 Hughes Street. Councilm�n Fitz�etrxck stated, although it looks like this would be far f ran mid-block lighting, this is the area � Huc�es Street that is dark due to the curve in the road. He stated, in the siunmer, the falage fran the trees blocks light around the curve. Nt7TI0N by Councilman FitzFatrick to authorize the installation of a street light on Hughes Street. Seoonded by Councilman Schneider. Upon a voice vote, all voting aye, Nl�yor Nee declared the motion carried unanimously. CONSIDERATION OF 1986 COUNCIL ADID HOLIDAY SCI�DULE NDTION by Councilman Schneider to approve the 1986 Council and Holiday Schedule. Se�nded by Councilman Barnette. Upon a voice vote, all voting aye, N&�yor Nee declared the motion carned unammously. 22. L,ICENSES NDTION by Councilman Barnette to apprwe the lioenses as sutmitted and as on file in the Licen� Clerk's Office. Seconded by Councilman Fitzpatrick. Lipon a voice vote, all voting aye, Mayor Nee declared the motion carried unammously. 23. CLAINLS MOTION by Councilman Barnette to authorize payment of Claims No. 5377 through 5577. Seconded by Councilman FitzXxitrick. U�n a voice vote, all voting aye, N�iyor Nee declared the motion carried unammously. 24. ESTIMATES NT�TION by Councilman Fitz�atrick to approve the estimates as sutm itted: fSerrick & Newman, P. A. 6279 Umversity Avenue id. E. Fxidley, MV 55432 For Legal Sexvic� s Rendered as City P.ttorney for Month of October, 1985 -�ti- $ 5,612.86 ' � r � � �I � �i� � Q�UNCIL MEETING OF NOVENffi�ER 18, 1985 Albrecht Irriqation 1A08 west County Road C Rosev�lle, NN 55113 F�IAL FSTIMATE D. H. Blattner & Sons, Inc. One South Nlabasha Navy Island St. Paul, NN 55107 Partial Estimates No. 4 Moore Laske Restor. Pro�. Phase II Hickok & Associates 545 Indian Mound Wayzata, NN 55391 Prof. Serv�ces thru Oct. 31, 1985 Moore Lake Restor. Pro�. Phase II Concrete Curb Com�riy 771 Ladybird Lane Burnsville, NN 55337 Partial Estimate No. 6 1985 Ms.sc. Concrete Curb & Guttex Pro�ect $ 1,233.20 $107,445.00 $ 1,370.72 $ 1,862.0� Se�nded by Councilman Goodspeed. Upon a voice vote, all voting aye, Mayor Nee declared the motion carned unammously. AA70URNMENP: MOTIOI3 by Councilman Goodspeed to ad�ourn the meeting. Seconded by Councilman Schneider. Upon a voioe vote, z11 voting aye, NL�yor Nee c3eclarc� the motiott carried unammously and the Regular Nieeting of the Fridley City Council ad7ourned at 1:40 a.m. Respectfully submitted, ) ,� ), py- -e-u..,�,-C� �,,�� /��,��,tite«� �- Carole Haddad, Wi].l��nn J. , Secretaxy to the Mayor City Council Apprcved: -'5-