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08/18/1986 - 00011469� �- TFIE MINL7!'ES OF THE R�naR MEEPING OF Tf� FRIDLE'� CITY C70UNCIL OF AUGUSP 18. 1986 �e Regular N�eting of the Fridle� CYty Coimcil was called to orc�r at 7:35 p. m tr� NL�yor Nee. PLIDGE OF ALLE]GIANCE: IK�yor Nee led the Coimcil and audience in the Pledge of Allegiance to the Flag. ROLL CALL• MEF7BERS PRFSFNT: Mayor Nee, dxmcilman Goodspeed, �Lmcilman Fitz�atrick and Coimcilman Barnette NENBERS ABSFNT: �� • • � •u Councilman Schneider �• •� ' •�I�� •�yly 1� �91/ �'y171�i 1�yly • Mayor Nee stated the Cnuncil relies on advisory commissions who give of tl�enselves as Fart of the decision making pro�ss of goverrenent. He stated � it is difficult to adeqtgtely express the Council's appreciation to those who setve on these Commissions. Mayor Nee stated Mr. Cquist has served as a member of the Community Developnent Commission and the Planatng Corrnnission for many years and the Council wished to recognize his services to the City. Mr. O�uist was presented with a�rtificate of Appreciation read b� NHyor Nee, and thanks were extended to him 1� the �imcil for his o�ntributions made as a member of these Commissions. ' Mr. Oquist thanked the Council for the opportunity to serve on these Cbmmissions. PROCLAMATION• Nt�yor Nee issued a procl�nation proclaiming September 17, 1986 as United Way's Salute to S�nall Business and reoocyiized the United Way's oontnbution to a�mmtmity �xograms. APPRWAL OF MINUTES: k� lu i � : . NDTION Ix� Coi.mcilman Barnette to approve the minutes as presented. Secz�nded lx tbimcilman FitzFstrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unatumously. :��� � • ��n: -1- 1 `, i ' ' 09� � �: . 4��M_ \� � � 7he follaaing itens were adc�d to the agenc"�: (#42) Re�iving Fptition for Cbnsideration of Installation of a Street Light on 58th Avenue and (#43) Request fran the Springbrook Nature Oanter Eb�dation for 'iheir Designation as the Recipient of Private Funds to be Used in the Restoration of the Nature Genter. MJTION tX Co�mcilman Goodspeed to ac1opt the agenda with the above additions. Se�nded t� (btmcilman Fitzpateick. Upon a voice vote, all voting aye, Mayor Nee c�clared the motion carried unammously. OPEN FORUM. VISI�RS• Mr, Eugene Kreuzkenper, o,amr of the Sunliner Motel, appeared before the O�tmcil regarding the recent action by the Coimcil on a hotel/motel tax ordinance. He stated this was Fassed at a time when he wasn't invited to the meeting and no one advised him this was going to be oonsidered. Mr. Krevakemper stated he only has 14 units at his motel and his biggest objection is not being reo�c�ized as a motel aaner in the City. He stated he dich't feel belonging to this organizat�.on would benefit him since the �kywood Inn personnel send their overflaa to either the Starlite Motel in Oblunbia Heic�ts or motels in other neighboring oommimities. Mr. Rreirck�nper stated Mr. Ficken of the Chanber of �mmeroe approached him � to 7oin this orc�nization and told him he would be taken care of. He stated he questions haa the orcpnization oould benefit him when they don't even refer people to his motel. He stated he has checked with the Skywood Inn personnel regarding motels and asked if they ever heard of the Sunliner Nbtel and was told they had never heard of it. Mr. Rre�k�nper 5tated he objected to the tax on his motel because he is a snall oxerator and rannot accommodate canventions or laxge Farties. He stated he has to rely mainly on overflaa fran other motels. He stated he is hurt 1X nat getting referrals fran other motels in the City and dichi't want another $1.00 added to his roan rate as he can't oampete with the Starlite which is now laver than his rates. I�yor Nee stated he tmderstood the Sunliner Nbtel would be pranoted the same as the other motels. Mr. Kreuzkemper stated he had a meeting with the Manager of the Skywood Motel and hoped to get assistanoe £ran then and they still cbn't ac�dmit he exists, He felt he had no reason to belong to an organization that dichi't want anything to do with him. He stated many people are not looking for a full-servi� motel and they could be referred to his establishment. Cotncilman Barnette stated Dan Ficken is present and probably had some an�aers to Mr, Kreuzkemper's questions. ' Mr. Dan Ficken, reptesenting the Chamber of Commerce, stated the door is always open for Mr, Kretrz kemper to talk with hun. He stated Ms. Van Fleet of the Chamber had called Mr. Kreuzkemper and asked him to join the orc�nization, attend the meetings and work with th an. He stated it is -2- � rT- �C:� � Jy __ yl7i • ZI : r guaranteed Mr. Kceuzk�nFex wi11 get an equal �no�mt of advertising and felt this may be a solution to his �oblen. Mr. Kreuckemper stated he wonc�rs wtr� custaners aren't being directed to his motel. Mr. F'icken stated the� �ould sdiedule a meeting to determine why this isn't being done. d�imcilman Barnette stated the (hanber's fimction is to pranote FYic�Rey. He felt a meeting wLth Skywood Inn personnel may Y�e helpful for all persons involved. Mr. Rreuzkemper stated this is all he wants as now he is mm�ting with the St,�rlite Motel. Mr. Ficken stated he apologized if Mr. Kreuzkemper's feelings have been hurt, but felt they should now work to resolve tl�e issue. I�yor Nee thanked Mr. Rreuzkemper and Mr. Ficken for attending the meeting and bringing these issues to the O�tmcil's attention. 1: .I �. 1. PUBLTC HEARING ON THE MATTER OF REVOCATrON OF A SPECIAL USE PERMIT SP #77-04. GENERI�Y LOCATED P,T 7701 EFS'1' lZ'�FR ROAD N. E. . BY APACHE GAMPING CENPER: � NDTION Ix Coimcil notioe and open the a voice vote, all unanimously and the man Barnette to waive the reading of the public hearinq public hearing. Seoonded b� ��mcilman Goodspeed. Upon voting aye, Mayor Nee declared the motion carried public hearing opened at 8:00 p.m. Mr. Herrick, City Attorney, stated the City has jurisdiction over these special �se permits b� virt� of Minnesota Statute 462.3595, Sl�bdivision 3. He stated this Statute states, in Fart, that a�nditional use permit shall ranain in effect, as long as aunditions agreed upon are obseived. He stated it is the position of the City staff the conditions agreed upon, in this case, have not been otseroed and the (Yty has the authority to terminate the conditional use permit. He stated the City Code, Section 205.05, Sl�bdivision 2, �wides the Qotmcil may ra3ui.re a written agreenent, c-kposit of certified check or bond or other assuranoes of faithful observance of oonditions, the violation of which shall uivalidate the permit and shall be �nsic3ered a violation of this chapter. Mr. Herrick stated both by the authority of the State Statute and the (�.ty's Zoning Ord�.nanoe, the Council has jiaisdiction over this matter. He stated the City staff has served a notice to the owners of Apache Camping Center of this meeting which indicated that the Coimcil would be wnsidering the violation and possible revocation of the special use permit. He stated the purpose of this hearing is to give all �rties a chance to offer any statements or evidence they choose. � Mr, l�bertson, Cmmnimity Developnent Director, stated the Council issued a special use permit in 1977 to Ag�c�e (�mping Center with ten stipulations. He stated the two stipulatons in question relate to the landscaping and the maxim�xn ntmber of vehicles or trailers displayed at any one time on the -3- �iJ�, 4��_ � : �1 _ J1 r"a i �9 � ooncrete Fsds in front of the building. He stated the file contains a rather long remrd on mmplai.nts, staff's response, and letters orc�ring the improvenents. Mr, Herrick stated staff is offerinq the entire file to the Council for their aonsideration and inspection, if they so desire, He felt he should read several of the letters should be r�d and indicate the dates they were sent to the aaner. Mr. Robertson re3d a letter c�ted March 30, 1483 to Mr. Pawleski from Kent Hi11 in which he refers to non-compliance of the special use permit in regard to the landscaping and outside storage and requested property be brought into wmpliance. He stated Mr. Pawleski's response related to larger park trailers heing displayed than when the special use permit was granted and was imable to mwe then because of the weather mnditions. Mr. I�bertson stated a change in the special use permit was requested in April of 1983 which was denied in July, 1983. He referred to a letter cl�ted Jime 26, 1984 regarding an imauthorized fre�standi.ng sicyi. Mr. Id�bertson stated in a lettex dated March 21, 1985, referenoe is made to the storage of the camping trailers on the adjaoent vacant lot on Rancher's Road. Ae stated there is a similar letter cl�ted July 19, 1985. � Mr, Ra6ertson stated in a letter £ran Rick Wiersna of the City staff dated January 7, 1986, it was brought to the aaners attention that more than two recreational vehicles were in front of their facility. He stated landscaging wasn't mentioned because of the winter season. He stated on N�rch 7, 1986, there appeared to be even more vehicles p�rked in front of their tuilding and the avner agreed to reduce the niunber of vehicles and apply for an additional special use permit to store vehicles on the vacant lot behind their facility and to oomplete the landscaping work. He stated there is another letter c�ted in April, 1986 indicating this had not been cb�. Mr, lmbertson stated there is a mano in the file o�noermng an orr-site visit regarding four trailers. He stated a notioe of norrcompliance was issued on [�&y 8, 1986 and firally a letY.er statinq that if compliance had not heen achieved by July 4, 1986, a citation would be issued. He stated that citation was issued because of rmn-complianoe. Mr. Herrick stated the items in the file and the past minutes of the Planning Commission and City Council where this had been considered are offered to shaa what was originally permitted and that there has been a oontinuing discussion l� the menbers of staff and the o,aners or opexators of this business rec�rding the two violations. He felt it would be appropriate at this time to hear fran others who may wish to make a statement. , Mr. Jim Nelson, attorney representing A�che Camping Center, stated Mr. Pawleski, one of the aaners was present this evening to answer any questions. He stated he had an opporttmity to discuss this matter with Mr. Pawleski this morning. He stated, ol�iously, Mc. Pawleski and his partner -4- o�� . yi . :. � are opposed to the rwocation of tl�e special use permit and the effect it would have on their business. He stated there is no denial they have violated their special use permit in the g�st, Mr. Nelson stated the recreational vehicle industry has changed dranatically in the last nine years and demand is for much larqer vehicles which, obalously� r�uires Ap��e C�mping Center to use quite a bit of space, He stated the� req�sted a special use pexmit to cv.splay more vehicles and that was denied and the� were cited for having additional vehicles. Mr. Nelson stated in regard to the landscaping, he sugqested to the owners the� oontact someone to determine the oost for installing the landscaping, He stated the avners were prwided with an estimate for planting additional trees and, to be very honest, he stated he was not sure that would bring than into exict oumgliance. He stated he would suggest funds be placed in escraa to assure some future oompliance, if it is c�termined the special use permit would not be revoked. Mr. Nelson stated the recre3tional vehicle business is very mmpetitive and the cutm[s had setbacks because of the energy crisis and high interest rates. He stated if the special use permit is revoked, it would drive this business out of Fridley. He stated he understands that this may be a mncetn because this tuilding has stood varant in the Fast, He stated he is not f�niliar with all the camplaints re�ived so it is difficult to comment on then. Mr. Nelson stated the aaners haven't reoeived oomplaints directly � fran the nei�bors and, if thc� were Eorwarc�d to the City, he wasn't aware of then. He stated he understands the special use permit was issued in 1977, but seems this dich't beaome a teal issue imtil 1983, s�.x years af ter the permit was issued. He won�red wkr� it took so long for this to heoome a F:roblen. Mayor Nee stated Mr. Nelson mentioned placing funds in escrow for the landscaping, tut questioned haa the� wnuld guarantee compliance regarding the display in front. Mr. Nelson stated he has no way to guarantee the avners would oomply. N�yor Nee stated there is a long reoord of non-compliance and beca use the vehicles are larger, it cbesn't mean he neecls five in f ront. He stated if the vehicles are larger, it seems he would have faver in the front. Mr. Nelson stated wiYh the larger imits, it limits the amount they can put in the Iz3ck, He stated if they have to reduoe the �noimt of display in the front, it would t�e di.fficult. Mr. Fgwleski stated many different models are manufactured with prices ranging ftan $20,U0� to $25,000. He stated when a person is c}�ing to spend that much for a tmit, the� want to be able to see what they are buying so the� wish to display a sufficier� nian6er which the� feel would appeal to the buyer. He stated when the special use �rmit was issued, they were mostly � involved in the :ale of tent trai.lers wh�ch were 21 feet long. He stated the trailer imits naw are 38 x 12 feet. He stated when dealing with the tent trailers, srost �ople were fitst-time tuyers, haaever, with the larger tmits, there are trade-ins. He stated they are aware they are running out —5— �� o�� ' M i . :. ' of sFaoe and looking for a site to purchase, 6ut it hasn't been that simple. Mr. FBwleski stated he can't de� thEy haven't mnformed to the stipulations of the special use permit. He stated in 1983, a request was made for another special use permit and it was denied. He stated if he could move tomorrow, it would satisfy him and the Council as well as benefit his tusiness. Mr. Fgwleski stated thEy are naa in oompliance and have only two units in front of the buildtng. i�hyor Nee stated after the Coimcil voted to schedule this hearing, he rode 1� this business and thought perhaFs they w`ould be in mmplianoe, but there were five imits out in front. He stated the argtnnent that these are larger units doesn't mean more units should be stored in front. He stated a ra�t�st was made for more tmits to be displayed in front and it was denied. Mr. Pawleski stated he Imaas the laa and what the permit states, but asked if it was imsi�tly with five rather than two �mits. Mayor Nee stated the question, in his mind, is if Mr. Pawleslu is o�mplying with the la�a. Mr. I�wleski asked if the law muld be changed as there is s�a� available. Cotaicilman FitzFatrick stated the sFaoe may be available, however, this was a cvnsic�ration when the permit was issued in 1977, as it fronts across fran � a residential area. He stated if the Y:usiness has c3ianged that much since the special use permit was granted, the site, obviously, is no longer appropriate for tl�e �esent use. Mr. Pawleski stated Coimcilman Fitzpatrick's statenent was wrrect, but he cannot afford to relocate when looking at o�sts of $35,000 per acre when he neec� four or five acres. He stated they are across the street from a residential area, btzt on the edge of an industrial �rk. He stated there must have been a hearing on the industrial g�rk and people across the street must have approved it for such a use. Coimcilman Fitzxatrick felt the reason for this zomng is so the �imcil has the tool of a special use permit, He stated it was assumed on this Farticular part of the industrial zoning, an ir�t.ense use woulchi't be allaaed directly across from a residential area. He stated he understands Mr. Pawleski has a serious problen, but so does the City, as well as the resic�nts. He stated there are many calls that have been received, not cbcwnerited in the file, fran residents. Mr. I�wleski stated the only oomplaints he received were from the City regarding the imits in front. He stated he has had people come in and say it was great their 6usiness was located there. He stated he realizes they haven't oomglied witl� the special use permit, but times have changed since the permit was issued in 1977. ' I�yor Nee stated he dich't think whether Mr. Pawleski displa3ed five or two imits, it would hurt his business. Mr. Pawleski stated if he was only selling the park models, he wouldn't have a probl�n, but he has used L':� _ �,.,��� • �. _ ����v. • � �. :. � tsailers and other tmits. Mr. Herrick stated it seens there is no dispute about the question whether there is a violation. He stated it seems to him one option is the aaners/operators will agcee to o�mgly with the mndit3ons of the sFecial use permit and the C�ty take some steps to insure that compliance such as the suggestion for an escraa ac�imt. He stated another option is the operator find another site as it appears he has outgraan this facility. Mr, Herrick stated the aaner/oFerator o�uld also xs�uest a modification of the special use permit. He felt the owrier, his attorney, and City staff should come to an agreenent to abic� tx the �xesent terms and, if this is not done, the Council would have to make a decision regarding the revocation of the special use permi� Cotmcilman Goodspeed stated he was a menber of the Planning Commission when this special use permit was reviewed. He stated they were told that the landscapinq plan aoulch't be follaaed because when large trailers are maved, you woulch't 6e able to avoid the plantings. He stated it may be futile to ever expect a c�aent lanciscaping plan. Cbtmcilman Goodspeed stated it was pointed out at that time that the business had outgrown this site so he felt the aaner had three years to look for another site. Mr. Pawleski stated Councilman Goodspeed's comments were oorrect, but because of the eaonanics, it just isn't that easy to mcrae as he cbesn't have � $150,000 to $200,000 as business hasn't been that good, Mc. Nelson re3uested the� be given time to initiate a request for another special use pecmit. He stated he understands they are now complying aad have only two imits in front and to follow his suggestions to have funds escraved for the lanclscaping. Ms. t�hxy Martin, 133 Stonybrook Way, stated she lmes across the street fran Apache (�mging Center. 5he stated when the special use permit was issued, there was chscussion at that time that the site wasn't large enough, but the petitioner wanted it badly so the neighbors consented with certain stipulations. She stated the petitioner has complied with all the stipulations but two, and those iwo are the reason for this hearing. Ms. N�rtin stated the petitiorer was not that responsive to the landscaping nine years ago and felt if this was done, it would hide some of the trailers. She stated the petitioner, essentially, i�ored this stipulation, She stated it cbesn't take mrye years to glant a tree. Ms. N�rtin stated the City isn't responsible for the fact that the business has changed. She stated the petitioner Imew of the stipulations nine years ago and what was necessaxy to comply. She stated not only has the lanclscaping been icyiored, but the landsmping that did exist is now gone. Ms. th�rtin stated none of the neic�bors oomplained to the o,aner as the� felt � it was up to the Cotmcil to make him mmply. Ms. Ni3rtin stated this property is zoned light commercial and not industrial. She stated there is an industrial Fark behind the property and -7- • � yl • rel'�77a .l�li� � the r�son for this commercial property is to provide a buffer 6etween industrial and resic�ntial goperties. She stated they aren't askinq for the aamr to spend a lot of money for landscaping and pointed out what had been �bne with the Fsoperty at East River Road and Mississippi Street. She stated she is not mnvinced the petitioner shou].d have another chance as she felt if he had not o�mp] ied in nine years, what would make him change. N�yor Nee stated the City cannot de�ty him the right to petition for another special use permit. Mr. Herrick asked if it is Fhysically and practically possible to install sufficient screening in front so it is screened fran the residential area. He felt �e nianber of imits would then be in¢naterial. Mr. EBwleski stated he di.cii't need five imits for display as one would be sufficient, He stated the reason he had five itt front is due to the availability of space. Mx. Hexrick stated this simply reinforces the aonclusion that this busiress has outgraan the site. Mr. Pawleski stated they are attenpting to rb something about it as it would be beneficial for then to mwe to a larger site. Mr. Aerrick felt it should be determined l� the next meeting if a workable arranc�znent o�uld be made for the interim. He stated it seems in the lonq � rim, the aaner will have to find a l�rger site that is 6etter sui.ted for the graath of his business. No other persons in the audienoe spoke regarding the possible revocation of this sFecial use permit. NDTION b� Coimcilman FitzFstrick to close the public hearing. Seconded by Co�mcilman Gooc�peed. [Jpon a voic� vote, all voting aye, Mayor Nee c�clared the motion �rried tmaninnously and the public hearing closed at 8:50 p.m NDTION b� Coimcilman Fitz�atrick to clirect staff to furmsh a oomplete cop� of the file foc Apache C�¢nping Center and request staff to meet with the petitiorer to attempt to resolve this problen. Seconded by Councilman Barnette. Upon a voioe vote, all voting aye, Nhyor Nee declared the motion carried unani.mously. "r • � • •� ;:. �� • � •• � ' ��" • a� '� • � • ' � � �i . • • /_ •�� •,� • � � • NDTION b� Coimcilman Barnette to waive the reading of the public hearing notio2 and oFen the public hearing. Seo�nded l-r� ��cilman Goodspeed. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the public hasrinq o�ned at 8:50 p.m � Mr. Rabertson, �mmtmity Developnent Director, stated this is a request for rezoning of �xoperty in the south�st oorner of Highway 65 and Osborne Road. He stated the Fximary reason for the rezoning is to allow for a reduced m �'..r �67 C • �, . w � �, • -� � setttZCk requirenent for wnstruction of a new medical clinic. Me. Robertson stated the petitioner, Dr, I�hl, has rec�signed his plan and redu�d the buildi.ng size fran 6,600 to 6,400 s3uare feet and increased the parking fram 33 to 39 sp�ces from what was sulanitted to the Planning Commission. He stated as the huilding was proposed, it would ultimately reqture a varianoe on the north, south and west property lines. He stated another plan was delivered this afternoon and staff has not had a chance to evaluate it aompletely. He stated, havever, in reviewing the dimensions, there is sogne question as to their correctness and this would need to be checked further. Mr. l�ibertson stated the Planning Commission recommended approval of the r�omng with the follaving stipulations: (1) petitioner revise plan to meet C-2 code or obtain varian�es for harcl5urfaoe and },uilding setlxZCks; (2) ptc�vide elc;rations with building facac� matzrial details prior to Council meeting on August 18; (3) prwide a lanclscape plan for staff approval prior to k:uilding permit; (4? prwic� automatic lawn sprinkling plan for staff apprwal �xor to building permit; (5) provide a storm drainage plan for skaff apprcival rxior to Luildi.ng permit; (6) provick a site performance bond to wver site improvenents prior to building permit; (7) rezoning is mntingent upon vacation of Viron Road, site plan, and tuilding facade plan apprwal; (8) r�oning is for the apprwed plan only; and (9) petitioner to Ixwide ixoof of adzquate �arking for pxoFosed plan. � Mr. Rot�ertson stated the petitioner also applied for a varianoe. He stated he and Mr. Flora, Public Works Di.rector, have determined that, under the best of circumstances, the variance on the north and south may not be riecessacy, but one would be required on the west. Dr. L�hl, the petitioner, stated the rezoning is necessary in order to reduce the sethack requiranent. He stated he has a 200 foot lot and cannot meet the setback re�uirement of 80 feet for a C-3 zone. He stated a rezoning is necessary if anything is to be built on this property. He stated it was c�tecmined, with the vacation of Viron Road on the west, a sewer line that served this property oould be abandoned and wouldn't have arty affect on a� othex propetty and he oould stub in on the south end. He stated there is a water line west of the sewer line and would like to have a 25 foot setback. He stated he needs as much s�ce as possible on the property to prwic� a g�od traffic flav. Dr. Ik�hl stated the �operty is rather tmique as it is descri6ed as havinq four front yarcls, He stated this creates many harclships on the design and layout of the building. He stated he origirr�lly pro�vsed 33 p3rking stalls and has incra�sed it ta 39 to meet the oode reyuirenents. He stated there is a question if a varianoe would k�e required on the north property line as there is sane mnfusion rec$rding dedications versus easements which make the Froperty boimc�ries sanftahat questionable. � Dr. Ik�hl stated the architect felt it woulc�'t be in his t�est interests eaonanically to add to the existing building or in the lonq term interests of the City due to the quality of the oonstruction. � 1 ! � �OC�'TL MEETIN�: OF ADGUST 18 �986 Dr. Dahl stated he gave a 20 foot easement to allow construction of the \ loopback of Viron Road. He stated sinoe he purchased the property, there was also a 10 foot easement granted on the north for widening Osborne Road and a sic�walk, l�yor Nee asked if this was �nsidered in the purchase priae of the property. Dr. Dahl stated it was not and the property which started out as squ�re has naa be�me rectangle. Mayor Nee asked Dr. Dahl how he felt about sharing in the cost of the looplxick of Viron Road. Dr. Il�hl stated he still shares the same feelings as stated before and felt he had oontrihuted as he has given easements for the imprwenents. Mr. Flora, Public Works Director, stated since the Council will be consic3ering the vacation of Viron Road, they should consider that the petitioner share in the wst of this ra�d No other persons in the audience spoke regarding this proposed r�oning. MITiON 1� Coimcilman FYtz�atrick to close the public hearing. Secanded by Coimcilman Gooclspeed. Upon a voioe vote, all voting aye, t�yor Nee declared the motion ca rried imanimously and the public hearing closed at 9:03 p. m 3. PUBLrC HEAB?NG ON THE NLATTER OF RECODIFYING THE FRIDLEY CITY CODE. CHAPTER 205. AS IT RFJ�ATES � DAY CARE CE[JPERS ADID HOME FAMTLY DAY C11i2E: � NDTION by Cotmcilman Barnette to waive the reading of the public hearing notioe and open the public hearing. Seoonded b� Cotmcilman Goodspeed. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the public hearing opened at 9:03 p. m Mr. Rok�ertson, �[¢mmity Develognent Director, stated this proposal involves reclassifying some of the si.zes and specifications of the day care centers and hane fanily care rec�rding the location on different types of streets and highways and to bring the City �de im m�formanoe with the State O�de. Mr. Rnhertson stated the Plamm�g Commission held a public hearing regarding these proposed changes. He stated that staff also talked to persons prwiding home care and the results are a proposed ordinance for these changes. Mr. Robertson stated Ms, Nancy Jorgenson, former President of the Anoka Cotmty 1]�y C�re Associat�.on, reviewed this proposed ordinance and felt it was excellent in upci3ting the oode. He stated no negative comments have been reoeived. No persons in the audi.enoe spoke rec�rding these propose d changes relating to ci�y care oenters and hane f�nily chy care. � NDTION kt� Coimcilman Goodspeed to close the public hearing. Secanded by Councilman Fitz�trick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the public hearing closed at 9:06 p.m -1D- �I ' ��3 • ��, i� �_ Q1i[IZ:� '1'-- " � � G � � •a� � i� • •_ � i��� •_'�ui�� ! •,� •,� • � • • � • • . : •�� i�• •y;�. •,��� �• • � • • � :�• •�•� ��n � � . � � NDTION b� Cotmcilman Barnette to waive the reading of the public hearzng notioe and open the public hearing, Seo�nded k� Coimcilman GooclsFeed. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried imanimously and the public heaxing opened at 9:06 p.m I�h, Rabertson, Commimity Developnent Directar, stated this vacation is generally located on Hic�way 65 and Osborne Road and this section of Viron Road is no longer �ec�d because of the looph�ck. He stated the portion to be vacated is approximately 33 feet wide and 180 feet long. Mr. Robertson stated Dr. I�hl. granted an easement for the nght-of-way on the south side. Mr. I�bertson stated the Planning Commission reviewed this vacation and remmmended approval with the stipulation that the utility easement be maintained over the entire strip of the vacated road as utilities are located in the area. No persons in the audience spoke regarding this Ixoposed vacation. � NDTION lg Cotmcilman EYt�Fatrick to close the public hearing. Seconded by O�[u�cilman Goodspeed, Upon a voioe vote, all voting aye, i�yor Nee declared the motion carried �manimously and the public hearing closed at 9:10 p.m. OLD BUSINESS• 5 6. � ••� • :. •• � •a• •� � � � �� 1� • • : � • •,� • � i� • �� , � • � Mr. Robertson, Commtmity Develognent Ihrector, stated this is a request for approval of a rezoning from C-3 to C-2 in order to reduce the setback requirenent for this property. He stated the Planning Commission reviewed the ra�uest and remmmended apprwal with no stipulations. NDTION t� C:oimcilman Fi,tzXatrick to waive the reading and acbpt Ordinance No. 861 on the seoand reading and otder publication, Sewnded 1� dxmcilman GoodsFeed. UFon a voioe vote, all voting aye, l�yor Nee declared the motion carried unanimously. ••� ��.M • s��!_ �,� �ar �� � •��:• � ..,� . y M�, Qureshi, C�ty N�nager, stated this request is for rezoning of property from C-3, C-1, I� 1 and R-3 to S-2 and involves the 100 Twin Drive-in property which is being developed 1� Woodbndge Properties. He stated part of the �operty would be retained as R-1 which abuts the resic�hntial area. Mr. Qureshi stated this S-2 zone supports the Redevelognent District and c�velopnent is mmpleted in acoord�n� with a�velopnent Agreenent between -11- ��� • 1�. _ � �4 • ��cZ.'�% ' the Housing & Redevelognent Authority and the developer, Woodbridge Properties. Mr, Qureshi stated the �roposed c�ve].ognent incluc�s a high quality office Fark, hotel and oonvention facilities, a restaurant, on-sale liquor store, and a tank. He stated �rking facilities include three �rking structures and would be heavily lanclscaped to create a campus-like atmosphere which interrelates buildangs through praximity, orientation and stcuctural mmponents. Mr. Qureshi stated it is requested the Council approve the rezoning acaording to the Developnent Agreement entered into with the HRA by the �veloper. He stated this agreanent provides for a storm drainage plan, landscape plan, lighting plan, signage plan, and architectural facade material glan including r�n�s. Mayor Nee questioned if any changes would be sub�ect to review by the Council. Mr. Qureshi stated any changes in the Zoninq Plan would be approved 1X the Cbtmcil and that is e�cplicit in the S-2 zoning. Mr, Herrick, City Attorney, stated this is similar to a Planne d Unit Develognent (Pi3D) wheze the CowZCil apprares the plan and, if there are any changes, it has to o�me t�ck to Cow�cil for anendnent. ' Mt, Qureshi stated he wanted to sinunarize for the Cbincil the quality of the develognent and the uses for this property. He stated the drainage, lanc�caping, li�ting, sic�ing and faca� material still need approval. Mr, Qureshi stated at this time, the property aaned k� Jerr� Jahnson has not been aaquired, 6ut HRA has authorized the ac�w.sition. Mr. Herrick stated the hearing on this a aiuisiton is scheduled f or this Thursday. He felt if the HRA provides the neoessary funds, th e City coul d proh�bly have title within a week. Mr. Herrick felt this property should be incluc�d in the ordir►3noe for the r�oninq, haaevee, before it is published, this aa�uisition should be acoomplished. Councilman Goodspeed stated it looks good on the surface, but his resexvations are what if they approve the rezoning and for some reason, Woodbridge reeds to dlange their plan and Co�mcil denies it ant7 is taken to o�ur� He stated he is relyxng very heavily on the City Attorney's assuranoes that the City is on soLmd legal ground and even if the City is taken to wurt, Woodbridge Develognent would he tied up until the suit is settl.ed. Mr. Herrick stated whether or not the City would prevail in such a suit would depend on the validity of the reasons for denying a change. He stated, hopef ully, that would not happen, and an agreanent oould be reached ' with the c�veloper. Ae stated assune the Cbuncil feels the developer has chanc�d frcm the Fcovisions of the Developnent Agreanent and plans that were attached, he can't oom�xxunise the O�imcil's dectsions and is the reason for the oourt to make the decision. He stated in regard to the other -12- �9� C•y. �� . :. � assunption, the money that Woodbridge has g�id would be tied up until the lec�al dispute is resolved. t2�TION l� Co�cilman Goodspeed to waive the readi.ng of Ordir�ance No. 862 and acbpt it on the seound reading and or�r publication, after aaluisition of the Johnson �'operty. In addition, the follaeing stipulations shall apply: (1) chanc�s to the Ni�ster Plan shall be handled as outlined in the Housing & Rec�velopnent Authocity mano to the Planning Commission dated January 9, 1986 (see zoning and future oontrols); (2) prior to issuance of the first building permit, the developer su�nit for Housinq & Redevelopnent/Sta£f apprwal the follaving comprehensive plans with �ttasing details: (a) storm drainage; (b) lanclscaping; (c) lighting; (d) sicy�age; and (e) architectural facac� material glan .tncluding r�np treatments; (3) rc�onittg of the Johnson property, 7n.t 5, Block 5, Ibnnay's Lakeview Manor Addition, is contingent upon site o�ntrol of the Jahnson property tr3 the Housing & Redevelopnent Authority and offictal �ublication of the ordirance to be coord�.nated with acquisition c�trte; and (4) any changes in the 5-2 zoning shall be ap�rwed l� the City �imcil, Seoonc�d h� Coimci.lman Sarnette, I7�n a voi� vote, all voting aye, Mayor Nee �clared the motion carried unammously. Mr. Eric Nesset, representing Woodbridge Properties, stated the final o�nfiguration of the road has not been apprwed lx the State Dep�rtrnent of Transportation and there is the �ssibility of it moving one way or the other. He stated the intent is to have the ixoperty west of the road renain ' R-1 and is not depicted on the mag Mr. Qureshi stated there muld be a minor ad�ustment in the riqht-of-way c�dication and everything to the west of the road would ranain R-1 and everything to the east would be S-2. He stated the lots and blocks would def ine it. Mr. Nesset stated in previous discussions, they requested they be allaaed uses in support of the offioe fimctions such as a travel agency or newsstand and noted these were not inclucled in the list of useages. Mr. Qureshi stated those uses would be �rmitted, as long as the� cbn't have a wholesale/retail operation and that the� princiFally serve the businesses located on the prenises. He stated the travel agency would be considered more as a service to the development and ciidn'ti feel there was any misimderstanding in this regard. Mr. Herrick, CYty Attorney, stated the uses discussed were merely a sinnmary and are not p�rt of the stipulations. He stated as far as uses are mnoerned, the oontrolling doctanent is the Developnent Agreement and the addendtmi. Mr. Nesset stated that is also his mc�rstandi.ng, Mr. Nesset stated he wanted to make it Fart of the record that Woodbridge agreed to a n�n6er of stipulatons in the D�velognent Agreement and if what ' is in the reoord is o;rnsistent and cbesn't modify or d�ange it in any way, the3 cvuld go along with it, He stated if there are changes, they would have to be reviewed � their legal mimsel. -13- ��� 1 1 7/I� � ��R ' Mr. Qureshi stated what is being suktnitted is aonsistent with the Agreement entered into lx the d�veloper and the HRA, � • � . � : . • •,9!_ � � •• ��.��.. «� •��:• � •,�• y Nlr, Robertson, Commuzity Develognent Director, stated the stipulations f or this plat have been reoommended by the Planning Commission and are as follaas: (1) ap�awal of final plat contingent upon site contral of the Johnson �xoperty - Lot 5, Block 5, Ibnnay's LakeviESV Manor Addition; (2) declaration of protective covenants and easements shall be su�nitted, ap�a�ed Ix the City and recorded with the plat, items of wncern shall include, but not limited to, (a) disposition and maintenanoe of outlots; (b) restriction of outlots usage to green sFaoe, buffer areas; (c) maintenance of common areas; (d) land use; (e) prohibited activities; (f) 7oint parking/acoess agreenents; and (g) other items deemed appropriate by the City Attorney; (3) park fee, lxzsed on total s3uare footage of the replatted properties as c�finec7 in the public ha�ring noti�, to be Faid on a pro rata basis with each building permit; and (4) develoFer to desiqnate portion of Lot 1, Block 2, as future proposed parking ramp on final plat prior to execution and xemrding. Mr. Robertson stated it is requested that Item 4 be changed that the developer c�sicg�ate Lots 8, 10 and 12, Block 2 as future proposed parking � r�n�s on the firt-�1 plat Fxior to execution and reoording. Mr. Nesset, representing Woodbridge Properties, stated he is ooncerned with the change in Item 4 as he felt the�* haven't had a chance to xevie,a it. Mr, Qureshi stated this is in acourc�noe with the e�ibit provided in the Developnent Aqreanent. Mr. Rabertson stated at the Council meeting on February 24, Mr. Nesset stated the� intended to make a seFarate lot for the �arking structures and Itan 4 is simply a re-statement of Mr. Nesset's statement made at this meeting. He stated it wasn't part of the stipulations recommended previously L� the Planning CoTmnission. Mr. Nesset stated, without benefit of their lec�l �imsel, he cannot agree to new stipulations being added. He stated he is not saying he is in disigreenent, but wanted an opporttmity for their legal counsel to review it. Mr, Herrick asked if Woodbridge sutmitted the prelimanary plat dated Jul.y 25, 1986 wluch shaaed proposed parking ran�s on Lots S and 10 and a proposed parking deck on Lot 12. Mr. Nesset stated he wasn't entirely involved in the negotiations. Mr. ' Herrick called his attention to the ��aing sul�nitted which indicated the item in question was desiqnated for �rking. Mr. Nesset agreed the preliminary plat indicates these Faoposed parking structures. -14- • � ��� ����. _ ��� � � ' Mr. Qureshi stated these itans are in the cb cwnent and have 6een agreed upon and if Mr. Nesset has a�xoblen with Itan 4, the plat oould be approved with the other three stipulations as there is cbcumentation to designate three paroels for �rking structures, NDTION lx CoLmcilman Goodspeed to adopt Resolution No. 64-1986 with the follaaing stipulations: (1) approval of final plat oontingent upon site ooritrol of the Johnson Property - Iot 5, Block 5, Donnay's Lakeview Manor Addition; (2) declaration of �otective oovenants and easements shall be sutmitted, approved by the City and recorded with the plat. Items o£ concern shall include, but not be limited to: (a) disposition and maintenanoe of outlots; (b) restriction of outlots usage to green sg�ce, buffer areas; (c) mainter�nae of mmmon areas; (d) land use; (e) prohibited activities; (f) joint �rking/ac�ss agreanents; and (g) other items deemed appropriate ty the City Attorney; and (3) park fee, based on total square footage of the replatted properti.es as c�fined in the public hearing notioe, to he Eaid on a pro rata basis with each building permit. Seconded by Councilman Fitzg�trick. Upon a voice vote, all votinq aye, Mayor Nee declared the motion carried �animously. �• . � ' .. �i� �_ ' _' i� _ t44� • AI,Y�4LllM � •.'31! ' � �l� 41M _. �,d Councilman Goodspeed stated with only three members on the Community � Develognent Commission and without a Chaiiman, this may be a good time to review the �mnission structure, He felt if the O��mcil wanted to make any changes, this may be the time. NDTION b� Cotmcilman Goodspeed to direct staff to review the Commission structure and stilmit a reoommenchtion. Seconded by Gouncilman Barnette. Upon a voioe vote, all voting aye, Mayor Nee declared the motion carried unanimously. Coimcilman Sarnette stated Mr. Amcan, who appeared k�efore the Council to e�ress his interest in serving on the Appeals Commission, has also indicated he would be interested in appointment to any of the other Commissions. NEW BUSINESS• 9, RF(�r��rrr ��T7[Ti'ES OF THE PI�NNII� CONQ7ISSION MEETING OF AUGUST 6 19$6 • A. QONSTDERATION OF A SPECIAL USE PERMTT. SP #86-10. GENERALI,Y IpC'ATID AT 1401 GAI�ENA AVEN[3E N. E. . BY FAITFI ACADEMY• Mr. Rabertson, Co�mntmity Developnent Director, stated the petitioner has withdrawn the request for a Special Use Permit to establish a day care ' facility. Mr. RDt�ertson stated Faith Acac�my has been sold to a diurch group attd they intend to wntinue the school and do not intend to provide day caie -15- � � ' � • ��. _ �� � _ � _ I:ii facilities. He stated the new cwrers have indicated their first intent is to hold a neighborhood meeting to resolve some of the p3st questions regarding maintenanoe of the facilities. He stated the� are ra�uesting any inquiries fran the public be di.rected to Faith Acac�my. Mr. R[abertson stated because this request was withdrawn, no action by the Cotmcil is neoessaty. P�s. Helfride [�nrung, 1315 Hillcrest Dtive, stated it came as a surprise that the school was sold and wonc�red if the r�ew aaners are going to huild a churci�. Coimcilman Barrette stated he understands the facility will continue to fimction as a school. Mrs. N�nninq stated she �derstands church services would he held in the school and asked if a permit was neoessary for this fimction. I�. Herrick, City Attorriey, stated he would like staff to c�termine what the new aanexs are proposing and sutmit this informaton to his office for an opinion at the ne� meeting, as he dic�'t feel, at this point, they have enough laackgroimd information. Councilman Barnette stated when Faith Academy purchased the school, assuxanaes were given it would oontinue as a school. �� � • • •. �� • ••� �s��� M,s. ' . •_ •u •�� k�,�� • NY�TION by Councilman Fitzg�trick to waive tha reading and approve the ordiranoe upon first reading. Seconded by Councilman Goodspeed. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. P�TION by Councilman Barnette to receive the minutes of the Planning Commi5sion meeting of August 6, 1986. Seoonded by Councilman Goodspeed. Upon a voioe vote, all voting aye, Mayor Nee declared the motion carried unanimously. � •a : u_ � u �� � • • �_ � �� •o •� �4;� •• � ..�� L � - Action on this itan was taken lx the Coimcil at their Special Pleeting on August 14, 1986. �! � , i� 1� 1� • •_ �•�� �� �;; ��• � � • � � � •,� � � . Action on this iten was taken 1� the Council at their Special Meeting on August 14, 1986. '�a a+ � � • � • � � • • � r -16- �. � OOUNCCL MEETII� OF AiTGUSI' 18, 1986 �� ��u � •'• � • Action on this iten was taken t� the Council at their Special Meeting on August 14, 1486, ' M �/_ . : � ��� �� � ' • •_ '�(.'i� �� ��• MI••d�Lll�I •;. ._ _ Action on this iten was taken t� the Council at thezr Special Meeting on August 14, 1986. •a � � � • � • � •� � •� � •��• •�L. • �•� Mr. E'lora, Public Works 17irector, stated bicls were opened on August 5, 1986 for �he rubbet-tired tractor tx�ckhoe-loac�r and five bic� were reoeived. He stated the three laaest bidders did not �-atisCy the specifications so staff would reoommend these bids be rejected and the wntract awarded to the fourth lowest bidder, Carlson's Lake State Equipnent in the amount of $72,800. NDTION 1� Coimcilman Barnette to reoeive the following bic� for the Rubber- Tired Tractor Backhoe-Loac�r: ' Korteun's Sales, Servioe, Rental, Inc. 5830 Hic�way 12 West Maple Plain, NN 55359 HayderrMur�ty �uipnent ComFmnl' Construction, Mining and Industrial H3uignent 9301 E. Bloanington Freeway Minneapolis, NN 55420 Ruffridge - Jahnson Fk�uipnent Co. , Inc. 3024 - 4th Street 5. E. Minneapolis, MV 55414 Carlson's Lake State D3ui.pnent 12500 Dupont Avenue S. Burnsville, MV 55337 Duke Durfee Company Box 2137 North l�hnkato, NN 56001 $35,00�.0� $49,725.00 $53,996.00 $72,800.00 $75,000.00 Seounded l� Cotmcilm�n Gooclspeed. Upon a voioe vote, all voting aye, Mayor Nee declared the mots on carried unammously. � 1�DTION t� Cotmcilman Barnette to find that Porte�.m's Sales, Servioe, I�ntal, Inc. , Id�ffridge-Johnson Fquignent Co. , Inc. , and Hayden-Murphy Fljuipnent CbmFany c� not meet the bid specifications and reject those bids and award the oontract to the rext lowest bidder, c�rlson's Lake State Equignent in -17- � .f u ' �i11. I • the aanotmt of $72,800. Semnded tX Councilman Fitzg�trick. Upon a voice vote, all voting aye, N�yor Nee declared the motion carrie3 unanimously. 15. RECEIVING BIDS AND CONSIDERATION OF REJECTING THE BIDS AND ORDER �arR�rrTSING FOR RP�R OF JOHN�N SPREEP 1 5 MG RESEKVOIR P1�C,17EC.T NO 161- Mr. F'lora, Public Works Director, stated two bids were received for this project and both were twioe as much as orig�.nally estimated. He stated he belic.ved the bic� were excessive bemuse the work would be cbne late in the ya�r and there appeared to be very little oompetition in bidding and also because the 21-day oompletion c�te is vexy tight. Mr. Flora stated it is staff's remmmenchtion the bicls be received, re7ected and authorize the r�dvertising for bicls on this pro7ect. NDTION 1X Cotmcilman Gooc�peed to reoeive the follaaing bicls for Project No. 161: Valle3 Contracting, Inc. 788 Holton Street St. I�ul, FN 55104 Western Waterproofing, Inc. 2838 St�en Avenue So. Minneapolis, NN 55408 $249,870.00 $115,225.00 Seoonded � Councilman Barnette, Upon a voi� vote, all voting aye, Mayor Nee declared the motion carried unanimously. NDTION Is� Cotmcilman Gooclspeed to re�ect the above bicls reoeived for Project No. 161 and authorize staff to readvertise for bids for this pro�ect. Seaonded 1� Coimcilman Barnette. Upon a voic�e vote, all voting aye, Mayoz Nee declared the motion �rried imanimously. i . �� . . • • � �l._:_�. • •u • � • � . . � . . � � .. N3r. Flora, Public Works Director, stated in the process of installing the median at 83rd Avenue, it was felt thEy should install the sewer and water lines into the corner lots, He stated this lunp sian oost amotmts to $9,500 and it is reo�mmended the Co�a'icil mnsider thls change orc�r in o�n�unction with this Fco�ect. NDTION ts� Councilman Goodspeed to approve Change Order No. 1 to Street Im�wenent Project ST 1986 - 3 with H& S Asphalt of Anoka, Minnesota in the amoimt of $9,500 for a revised wntract �ioe o£ $108,106. Seoonded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. �� • � . :. • �v � � �� ...�i� '71� /�.�3y1. .��. .�� ���y� .•.� • 'y � �_ _ I :. �M���� _ �:�. _ ��' Y' . M,iyl '.� � � ' '4 OJ'�' ODUNQL NEETING OF ADGUST 1$, 1966 � 4�y� . � _ «�ui r� �_ 1�k:_ �� � �i� ;��• � '�+ui r.�, a�. ��. NDTION L� C:oimcilman FitzFatrick to acbpt Resolution No. 65-1986 and set the publla hearing for Septatibex 22, 1986. Seconded by Councilman Barnette. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. -� i�� �� �• � r��•� ��• u a i.�r w�� �� •• w Mr. Bill Himt, Assistant to the (xty I�nager, introduced Ms. Lornu McCaule�, a manber of the Task Fbroe of the Anoka Coimty Mediation Project. Ms. McCaulc� stated in 1981, the State Legislature made funds available to the Minnesota Suprene Court to establish clispute resolution centers. She stated such aenters are operating in Ramsey and Hennepin Counties and a similar �oject is proposed for Anoka Q�imty. She stated the Anoka Coimty Task Fbr� began working in M3y on a systan and tried to get representatives fran all cities, the Iblioe Departments, �urt servias, and bar association involved. Ms. (�uley stated they wanted to rnake sure they weren't taking business away fran attorneys and they are pretty much in agreenent with their project, She stated they would be considering matters which the attorneys thenselves find difficult to handle. � Ms. McCauley stated they would be mediating cases to help people solve problens and also help relieve o�ngested �urt calendars. She stated such cases may oonsist of barking dog wmplaictits, ��k cars in a yard, people r�t cutting weec�, etc. She cited one case in Brooklyn Park which was mediated and solved a problen with neighbors that had 6een going on for generations. She stated the Fro�ss is volimtary, free and an alternative to hiring an attorney and going to wurt. She stated they would not review cases oonoerning atuse, divoroe or criminal cases. Ms. McCaule� stated referrals would come from many sources including the justioe systen, public officials, polioe officers, and community agencies. She stated the Task Ebroe is �oposing to �t up a norrprofit organization with xepresentatives County-wide including the cities. She stated they would like to start with 25 volimteers and carry on an effective out-reach progr�n so people are aware of this prooess. She stated it is proposed that mediation sites would be located throughout the Go�mty, Ms. Md'aulc� stated the� are looking at $25,000 for the pro�eet with half this cost from goverrunental tmits and the other half cpming from fund raisers and other souroes. She stated Spring Lake Park has approved the oonaept and financial support and Blaine and Coon Rapids have approved the aonoept and will incluck 1t in their budgets. She stated she would also like FridLe� to ounsider approval of this concept and provic� financial support. Ms, McCaule� stated they aze requesting fine cents per capita so � believes Fric�.c�'s share would be $1,500. �wzcilman Gooclspeed asked if a case was mediated through this proj ect and it was �termined the person's rights were violated, he questioned the �S � � � h� l�.k__ �i� � :. liability. Ms. McCauley stated this is a vol�mtary process and the people sign a voltattary agreanent. She stated she is not aware of any lawsuits against any of the mediation oentexs, k.ut hasn't seen ariy forms that cbn't hold the mediation oenters liable. Mr. Herrick, (xty Attorney, felt these oenters may handle some situatons, but woulcii't be able to take care of some of the hardcore c3isputes. He stated he is not opFosed to it, but this is the first time he has heard about it. He stated, to sane extent, staff has 6een the mediator in a lot of disputes. He stated it may be that the mediation center would make a suggestion that might be different than what the Council felt was appropriate. He stated if it involved the City, some thought probably should be gi.ven as to what matters should be referred to a mediation �nter. Councilman Barnette asked if most referrals came through a City staff manber. Ms. Mc(�uley stated referrals can mme fran anyone such as the City (btmcil, staff, churdies, etc. Mr, Qureshi, City Msnager, stated if it is the Cbtmcil's desire to support this progtam, there are issues that could be refexred. He stated the question is they are asking both for apFrwal of the o�ncept and financial support. Coimcilman Gooc�peed stated in determining the �no�mt of cases per year the City may have and the costs, he questioned how this would compare in handling it at City Hall or referring the cases to a medi.ation �nter. Mr. �ureshi stated it is not always possible to measure these items in dollars and oents and same valuable public relations may possibly be gained. �imcilnan Gooclspeed asked if this would be a one-time only request for fir�ncial support. Ms. Md'auley stated she wuld not honestly answer the question at this time. N�yor Nee asked if Comm�nity Developnent Block Grant fimds muld he used for these servi�s. Mr. Hunt, Assistant to the City Manager, stated in order for them to qualify, thEy would have to be inoorporated. He stated if these CDBG funds that have reoently beoome available were for 1985, these funds could be allocated �mtil Deoember 31. Mr, Qureshi stated if it is the �imcil's desire to support this concept, staff muld oome k�ck with a remmanenchtion on the fimding. NDTION b� Obimcilman Gooclspeed to acbpt Resolution No. 66-1986. Se�nded ix Gotmcilman Barnette. Upon a voioe vote, all voting aye, N�iyor Nee declared the motion carried tmanimously. `� 14_• • . :. �_•ak4_ • • •� �. .. .•/_M A� Il!? _�i�i. -2�- �� w �.1�. _ !eL • `� ��! :. ' NDTION b� Co�mcilman EYtz�atrick to adopt Resolution No. 67-1986. Seoonded b� Q�Lmcilman Goodspeed. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. � ^• � • � ,: � • • • •�•• � � •,� �� • � :. �� • Ny • NDTI(?N L-� �tmcilman Eitz�atrick to adapt Res�lution No. 68-1986. Seconded lx ��mcilman Goodspeed. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried imanimously. 1� �_ • • :iaC7:I. � • • � � � • u _.:�1! ;'a r�,�i�u� •,� a � • � NDTION b� Coimcilman FitzFatrick to acbpt Resolution No. 69-1986. Seconded tr� Coimcilman Goodspeed. Upon a voice vote, all voting aye, Mayor Nee declazed the motion �axried �manimously. r ��_ • • � � � � • •��� � �ui�� '�� a� • r• ; u � •a �_' .��lau � •,� • � M�TION b� Ccrtmcilman FitzFatrick to acbFt Resolution No. 70-1986. Seconded L� Cotmcilman Goodspeed. Upon a voice vote, all voting aye, Mayor Nee � declared the motion carried unanimously. 23. RE9�LITPION NO 71-�86 DIR�'7Is^ pgEpARATTON OF ASSESSMENT ROLL FOR WATER ADID SANITARY SEWER IMP%JVII�III�FI.' Pi�TECT N0. 156: NDTION b� Cotmcilman FitzFatrick to acbpt Resolution No. 71-1986. Seconded l� Cocaicilman Goodspeed, Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. • � • � • � • •��� � 74� �• a•• r �. :;,� .., 4..,���, .,� . . i�DTION I� Co�mcilt�n EYtzFatrick to acbpt Resolution No. 72-1986. Seconded b� Coimcilman Goodspeed. Upon a voioe vote, all voting aye, Mayor Nee declared the motion �rried timanimously. v •.� • � •a •��� • � � �• •• � �n ;.�1_ � '+ • �• •,�./a�uia� • •,� � . � FDTION LX Coi.mcil�n FitzFatrick to acbpt Res�lution No. 73-1986. Seconded ]x Cotmcilman Goodspeed. Upon a voice vote, all voting aye, Mayor Nee declared the motion �rried imammously. . • • • �:. � •�: • • • •��• � ._� �ui_ •�� �+• ; �• � n � �± ••��u �-� � . � � PDTION th* Cotncilman EYtz�trick to acb�*. Resolution No. 74-1986. Seconded Ix Q��ncilman Goodspeed. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. -21- �i �11±. � '"� � _ ��Z�� -� � ,� � • a�y_ • • � • • • •,���� . •,� s . M�TION IX Co�cilman Fitz�atrick to acbpt Resalution No. 75-1986. Seconded ks� (bia'icilman Goodspeed. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. • � � . :. � • • • •�•• � y :i4��i '�� $.�' �y.i-?l 1•'.��41�' ••�� � 1� tK)�TIQN Lx Coimcilman FitzFatcick to ad�pt Re�lution No. 76-1486. Seconded b� Cotmcilman Goodspeed. Upon a voice vote, all voting aye, Mayor Nee declared the motion �rried tmanimously. �• � ,� � ��� • • •• •• • ui• •,��tyi� •.� a � n M7TION tX Coimcilman Fi.tzFatrick to acbpt Resolution No. 77-1986. Seoonded b� (buncilman Goodspeed. Upon a voioe vote, all voting aye, Mayor Nee declared the motion carried unanimously. rci • • • �I:. � � • • ��•• � ^� ''�i y� ��. .,�.� ui •� :. • u � M7TION l� Cotncilman Fitz�trick to acbpt Resolution No. 78-1986. Seconded L� Coimcilman Goodspeed. Upon a voice vote, all voting aye, Mayor Nee declared the motion �rried imanimously. �• �t • • � • �_ •• •• •• :�Y: u_�.�'_ •.� NDTION b� Cotmcilman FitzFatriCk to acbpt Resolution No. 79-1986. Seconded L� Cotmcilman Goodspeed. Upon a voice vote, all voting aye, Mayor Nee declared the motion carriec7 unanimously. � � • :� :. �_• • � � •��� � �u� ��. .. � - ; u ..�� NDTION t� Coimcilman Fitz�atrick to acbpt Resalution No. BO-1986. Seconded l� Co[mcilman Goodspeed. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. `� _ ,� • � : . � • � • • • . . .� � - - M�TION 1� Cotmcilman FitzFatrick to acbpt Resolution No. 61-1986. 5econded t� Cbtmcilman Goodspeed. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unani.mously. • • • :. . � a: • •_ � •��• � �v!�1+ i� . . • - - � ' - •.� -22- �I �' � L__.1 �k. ��. ��� • � FDTION tx Coimcilman FitzFetrick to ad�Ft Resolution No. 82-1986. Seconded b� Cbtmcilman Goodspeed. Upon a voice vote, all voting aye, Mayor Nee cizclared the motion wrried unanimously. R v • � � •ayy � � •• •. .. �i � '�� �! bDTION Y�r Cc»tcilman EYtzFatrick to ac1�Fk Re�lution No. 83-1986. Seconded ts� �[mcilnnan Goodspeed. Upon a voice vote, all voting aye, Nk�yor Nee declared the motion carried unanimously, c. • • � :. � • • • •� �• � 7y� ��. .; � .. . � .. . � ..� 39 40 rDTION }X Coimcilman FYtaFatrick to acbFt Resolution No. 84-1986. Seconded t� Cotmcilman Goodspeed. Upon a voice vote, all voting aye, Mayor Pdee declared the motion carried imanimously. v • � :. � •y •:.� • • � y •� •• �_.i�.I�u_ ..a_• :. NDTION ]x Coimcilman Fitzg3trick to acbpt Resolution No. 85-1986. Seoonded tr� Co[mcilman Goodspeed. Upon a voice �ote, all voting aye, Mayor Nee declared the motion carried unanimously. e • � � • • :_ • �_ � •�•• � _ 7u�1 �� � i• •,� �ui •.� a NATION ls� Coxmcilman Fi�zFatrick to acbpt Resolution No, 86-1986. Seconded ty Cbtmcilman Goodspeed. [Ipon a voice vote, all voting ape, Mayor Nee d:clared the motion mrried unanimously. � :_ y.. t�TION by Councilman Barnette to authorize �yment o£ Claims No. 9774 throuc� 10027. Semnded LX Cotmcilman Goodspeed. Upon a voice vote, all voting aye, N�yor Nee c�clared the motion carried tmanimously. LI(�P1SES• NDTION b� Councilman Goodspeed to authorize �yment of the licenses as sukmitted and as on file in the License Clerk's Office. Seconded by Coimcilman Sarnette. Upon a voioe vote, all voting aye, Mayor Nee declared the motion carried unanimously. 41. ESTIMATES: NDTION ty Councilman FitzFatrick to approve the following estimates as sulinitted: -23- ��� � � • y, ��� • ,K � Herrick & Newman, P.A. 6279 University Auenue N. E. FridlEy, NN 55432 1�� For Servioes Rendered as City Attorney for the NY�nth of July, 1986 . , . . . . . . Gimderson Brothers C�nent Co., Inc. 2325 Shelling Avenue, South Mi nneapal is, tTi 55404 1986 Misaellaneous Concrete C�rb & Gutter Partial Estimate No. 3 H & 5 AsFhalt, Inc. 700 Industry Avenue Anoka, NN 55303 Sfiseet S�n�wenent Project No. ST. 1986 - 1& 2 f�rtial Estimate No. 6 And Street iinprovenent Project No. ST. 1986 - 3 Partial Estimate No. 1 E�gere A. iiickok and Assoeiates Inc. 545 Indian Nb�md Wayzata, NN 55391 Moore Lake Restoration Project �hase II Partial Estimate $ 1,811.98 $ 4,108.94 $ 9,630.96 $ 9,199.80 $ 259.57 Semnded Ix Coimcilman Goodspeed. Upon a voioe vote, all voting aye, Mayor Nee declared the motion carried unanimously. �2, RE('�IVII� pETT'i'ION NO 9-1986 FOR TNST�LAT70N OF A STREET LTGHT ON SSTH AVENC3E: NDTION IX Coimcilman Barr�ette to reoeive l�tition No. 9-1986. Seconded by Q�imcilman Gooclspeecl [Tpon a voioe vote, all voting aye, N�yor Nee c�clared the motion carried unanimously. � I�DTION L� Cotmcilman Gooclspeed to direct staff to install a street light on 58th Avenue and staff to c�termine whid� location is appropriate. Seconded L� Co�mcilman FYtzpatrick. [Tpon a voice vote, all voting aye, Mayor Nee declared the motion mrried unanimously. -24- ' � � �.1� i u� � -- `:- ' -- y _ :_ • : � �� �� •� • • �a� ..4 i .. :���� r:�• �� •yi�� • � : � � �� •i �a. • '�� u _��• �• � • i �, « I�yor Nee stated the Springbrook Nature Center Foundation had a lot of inquiries fran Frivate cbnors to assist in the restoration. He stated they haive requested the �wzcil �ncur that the Ebimdation be designated as the recipient of private donations and they be authorized to receive these c%nations. He felt if the Co�mcil, in es�nce, agrees the Eb�dation shoul.d protably be notified so the� can capitalize on these cbnations. Co�cilman Barnette asked if the� are a non-profit organization if there weren't some laas that regulated their Lroakkeeping. Q�Lmcilman Barnette stated the Ebimct3tion was given the right to represent the Nature Center and that was their purpose in the first plaoe. Mr. Herrick, City Attorrey, stated he clich't Imaa of any State statute that tmiforntly re3uires a norr�xofit organization to make their t�ooks public. He stated if the� aze soliciting fimds, there are some regulatons to declare what the� did with the fimds. He stated if the City is going to be acting as an overseer of the work, �obably some sort of acwimting should be made. N�yor Nee stated the Foundation would be acting as a recipient of these d�nations and giving it to the Springbrook Nature Center. NDTION ty Cotatcilman FitzFatrick to reaffiun the status of the Springbrook Nature Genter Foimc�tion as the official wllector of private funds for restoration of the Nature Center. Semnded lx Cotmcilman Goodspeed. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. �.�I�1����u�A MUTION by Councilman Barnette to adjourn Co�mcilman Goocl�peed. Upon a voic�e vote, all the motion carried �manimously and the Regular Cotmci.l of August 18, 1986 adj ourned at 10:45 Respectfully suk�nitted, -�-n��-r G �-C�L�-L C�role Hadd3d Se�'etary to the City Cotmcil Appruved: -25- the meeting. Seconded by voting aye, [+�yor Nee declared Meeting of the Fridley City p. m ���� Willi�n , e Nhyor � 1�3