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09/22/1986 - 000114271 'ii� MIN[TPES OF Tf� RflGL7IAR MEETING OF TI� FRIDLEY CITY COOPICIL OF SEPTEMBER 22 1 8 The Regular Meeting of the Frldley City CAimcil was called to order at 7:40 p.m, by Mayor Nee. PLEDGE OF AL�LF7GIANCE: Mayor Nee led the O�imcil and audience in the Pledge of Allegiance to the Flag. ROLI, CALL: ME[�ERS PRESFNT: Mayor Nee, Go�nlcilman Barnette, �uncilman Schneider, Coimcilman FitzFatrick and Cotmcilman Goodspeed i i•�: .. a �.,_ •G�.M su: ��� TEENAGE DEPRESSION P.AID SUICIDE PREVENTION DAY - OCI'OBER L 1986 • ' Mayor Nee issued a proclamation proclaiming October 1, 1986 as Teenage Depression and Suicid� Prevention Day. He stated a nwnber of community organizations and the School District are irroolved in a major operation to prevent teenage suicide and read the proclamation in support of these activities. Councilman Barnette stated he is a member of the group working in the schools on the prevention of teenage c�pression and suicide as it has become evident this is a serious problen. He stated a meeting will be held on this issue on Wechesday. October 1 at 7:30 p.m. and invited everyone to attend. APP%7VAL OF MINCTPES: �� � �4 _ . : . N�TION by Councilman Schneider to approve the minutes as presented. Seoonded Y� Co�mcilman Goodspeed. ilp�n a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. ADOPPION pF AGENDA: NDTION l� Councilman Schneider to acbpt the agenda as submitted. Seconded by Councilman Barnette, Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. � OPEN FORUM, VISI�RS: �ere was no response from the audience under this item of business. -1- 13� 132 • Jy ul DI � • 9 JY ul• • •:. � PUBLIC HEARINGS• 1. PUBLIC HEARING ON WATER AND SANIT�lRY SEWER IMPROVEMENT PROJECT N0. 150 (CONPINUID FROM SEPTENIBER S, 19861: Mayor Nee reopened this public hearing, which had been continued from September 8, 1986, at 7:45 p.m. Mr. Prikyl, Finanoe Director, stated the main reason this public hearing had been eontinued was due to Burlington Northern's ob�ection regarding the assessment, He stated this issue has been resolved and Surlington Northern has stated the3 have no ob7ection to the assessment or the pro�ect. Mr. Pribyl stated this pro�ect inaolved the construction of water and sanitary sewer laterals and secvices on 73-1/2 Avenue and Ashton Avenue. He stated a water main and hydrant were also constructec3 in front of I3olly Shopping Center at the r�uest of the F1re De�rtment. Mr. Pribyl stated the total assessnent msts on 73-1J2 Avenue were $6,043.75 or $3,021.88 per lot, and the assessnent on the s�uth side of the street will not be placed on the property imtil such time as the owner chooses to develop the rear portion of the lot as a second building site. He stated costs for the Ashton Avenue improvanents are spread only on oertain properties on an area basis �er agreanent with Burlington Northern and the assessment rate is ' $24.758 per 100 square feet of area. He stated the total cost of this project was $114.499.99. Mr. Prib�l stated the cost for the water main and hydrant at Holly Stiopping Center will be paid from the Utility Fund at a total mst of $71,738.48. He stated the assessnents are to be spread over a 20 y�r Fexiod at an interest rate of 8-],12�. No persons in the audience spoke rec�rding these proposed assessnents. NDTION b� Coimcilman FYtzFmtrick to close the public hearing. Seconded by Cotmcilman Schneider. [Ipon a voioe vote, all voting aye, h5ayor Nee declared the motion carried unanimously and the public hearing closed at 7:47 p.m. PDBLIC HEARING ON COMMERICAL DEVETAPMENP REVEN[JE BOAIDS 52.800,000 (WINFIELD DEVEIAPMENT. INC.1 • NDTION t� Cotmcilman Goodspeed to waive the reading of the public hearing notice and open the public h�ring. Seoonded 1x 6�tuicilman Barnette. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the public hearing opened at 7:47 p.m. Mr. Robertson, Co�mmity Develognent Director, statea the Council on Ni�y 19, 1986 gave preliminary apprwal to an Industrial DeveloXxnent Revenue Bond sale to Winfield Develognent, Inc. He stated suYsequent to this approval, Winfield Develognent, Inc, formed a�tzrtnership to be the borrower of the $2,8�D,Q�O Industrial I)evelopnent Revenue $ond and, therefoce, this action � neoessitates another public hearing and a new re�lution, as required tr� the 1984 TEFRA tax law, and in no way changes the agreements made hetween Winfield Developnent, Inc. and the City. -2- _� 133 COUNCIL MEETING OF SEP'PEI�ffiER 22. 1986 � NDTION b� Councilman Goodspeed to close the public hearing. Seconded by Councilman Fitzpatrick. U�n a voice vote, all voting aye, Mayor Nee d�clared the motion carried unanimously and the public hearing closed at 7:50 p.m. 3. PUBLIC HEARING ON THE ESTABLISHMENT OF TAX INCREMENT DISTRICPS NOS 7 AND 8 WITf3IN RIDEVEL�OPMENP PRQTEC,T N0. 1: [�DTION IX Coimcilman Goodspeed to waive the reading of the public hearing notice and open the public hearing. Seconded by Councilmatt Fitzpatrick. Upon a voioe vote, all voting aye, Mayor Nee declared the motion carried unanimously and the public hearing opered at 7:50 p.m. Mr. Robertson, Community Development Director, stated the Planning Commission was presented with the tax increnent financing plans in August. He stated proposed Tax Increnent District No. 7 is a Redevelognent District on which the Winfield Developnent project is located. He stated the site has extensive soil probl�ns which necessitates use of tax increment financing. Mr, Robertson stated Tax Incranent District No, 8 is a Develognent District and is the site of the Shorewood Inn. He stated e�ttensive remodeling is proFused, as well as prog�rty aaiuisition to improve the �rking. � Mr. Robertson stated the Planning Commission has determined that these districts are in compliance with the City's Comprehensive Plan and the Housing and Redevelopnent Authority apprwed their establishment. (bimcilman Schneic�r asked when oonstruction would begin in District No. 8. Mr. Rpbertson stated the Farking lot and ad�acent drive�vays are proposed for this �nstruction season and the refurbishing is scheduled for next year. No persons in the audience spoke regarding the establishment of these tax incranent districts. NDTION ty Cotmcilman Barnette to close the public hearing. Seconded by Co�mcilman Goodspeed. Upon a voice vote, all voting aye, l�iyor Nee c�clared the motion carried unanimously and the publzc hearing closed at 7:52 p.m OLD BUSINESS: 4. CONSIDERP,TION OF A VACATION RFAUST, SAV #86-03, TO VACATE THE FIVE FOOT UTILITY EASEMENT ALONG THE SOUTHWEST PROPERTY LINE OF LOT 4. BLOCK 1, INNSBE24�K NORTH �II30USES PLAT 4. TO A PDINT TEN FEEI' WEST OF THE SOUTHFAST PROPEIrPY LINE OF Tf� SAME L(rP GENERALLY rAC'ATID AT 5462 MEIST$R RQAD N E BY DARREL FARR: Mr. Robertson, Gommunity Develognent Director, stated staff completed a � review of all �st I�rrel Farr oommitments and an extensive inspection of existing site oonditions. He stated the analysis revealed 18 unprovement itans, which he outlined as follaas: -3- 6j 13� � i� i,� � • y �u�w• �� ' 1. Imprwe asphalt �athway around pond b� resurfacing where neoessary. 2. I�destrian lighting, reqmred as per agreenent dated April 19, 1976, has been installed only on the east side of Farr Lake �thway. 3. Replaoe broken Fath lic�t luninaire on the east side of Farr Lake. 4. Replaoe failing retaining wall on the north side of Brenner Pass. 5. Renove piles of dirt and debris and sod 15 feet back of curb on the west sic� of Fast Brenner l�ss. Unbuilt lots not to be used for d�nnping as per Farr's letter c%ted E�bruary 26, 1981. 6. Re�air washed out drainage swale at the end of East Brenner I�zss - severe erosion and pedestrian hazard. 7. Renove d�bris (street saeepings) and plant grass seed to establish groimd cover on vacant lot southwest oP Black Fbrest Condos, per Farr letter dated February 26, 1981. S. Sod boulevard, 15 feet t�ack of curb, on the south of North Innsbruck Drive �ust west of New Bric�ton horder. � 9. Restore tuffer between taanhouse at 1511 North Innsbruck Drive and Mulvihill residence at 5601 North Danube Road, as per attached City plan dated Septeml�er 19, 1986. 10. Install tot lot on mtmnon property on Plat 5 as per agreenent dated April 19, 1976. Mr. Roberteon stated the above ten itens are specific plat, saf ety or code requirene�s. He stated the follaaing items, 11 through 18, are additional imprcvJanems based on area mncerns and staff reo�mmendations: 11. Sod open area on South Bavarian Pass between lots 36 and 37, Block 1, Tnnsbruck North Zbwnhouses Plat 4. 12. Re�air asFhalt in the Farking area on Bonhoff Jimction. 13. Re�ir asphalt in the driveway at 5677 West Bavarian Pass. 14. Install sod 15 feet h3ck of curb and continue spruoe line on South Bavatian Pass, east of 1586 South Bavarian l�ss. 15. Sod 15 feet t� ck of curb on south side of Brenner Pass. 16. Replace all tenporary curbing with permanent �ncrete curb and gutter on West Brenner R3ss, Brenner l�ss and East Bavarian Pass. � 17. ReFair asFhalt depression in road adjaoent to 5519 Fast Bavarian Fass. 18. Patch parking lot on the rnrtheast sic� of Black Ebrest Condos. -4- 1�� • i � �r �:. , Coimcilman Schneider stated the developer has been surcharging a lot and there has been a fair �notmt of rim-off, especially during these last few days of rain. He stated he imderstood the developer was to keep both public and Taanhouse Association streets clean and he had some calls that this hasn't occurred. Mr. I�nko, 1510 Trapp d�urt, stated there is a lot on West Bavarian Pass that was filled and a silt fence installed. He stated there has been rtm-off fran this lot and the �anhouse Association cleaned the gutters, but not the street. Mr. N�rk Burch, Assistant Public Works Director, stated he has been in contact with the developer and some fencing was installed and the lot seeded. He felt until the seed becomes established, there may be some problsns, especially with the amotmt of rain the last several days. Mx. Danko stated the area hetween the silt fence and curb experiences oonstant etosion. �tmcilman Schneider asked if the area muld be sodc�d. Mr. Burch stated to install sod fran the silt fenoe to the curb would certainly help. Mr. I�n Farr, representing Ik�rrel Farr, stated the surcharqing is almost � aompleted so building should begin in the next several weeks. He stated, in the meantime, the�r oould install some sod. Mr. Farr stated in recy�rd to the imprwenent of the asphalt �thway around the pond, he stated this pathway is either owned by the Townhouse Assaciation or the City. He stated the3 cannot k�e responsible for s�mething that was built 10 or 12 ya3rs ago. Mr. Robertson stated as he understands, the City aans and maintains the portion on the west arotmd the pond and the 7bwnhouse Association still aans and is responsible for the renainder. Mr. Farr felt this item would have to be brought up with the Townhouse Asso�iation. Mr. Farr stated in regard to the pedestrian lic�ting, there are four or five lights in the taanhouse developnent, but nothing in the single f�nily area. He stated with eompletion of the other townhouse units, lighting in the taanhouse area would also be mmpleted. Mr. Robertson stated it is staff's interpretation that liqhting should go on both sides of the street and not only the ta,mhouse side. Mr. Farr stated as far as Items #3 and #4, these are the responsibility of the Ztxanhouse Association, ' Mr. Farr stated in regard to the piles of dirt, they are not hauling out this material as their plans are to berm, �eed, and sod it. Mr. Robertson stated, as outlined in a letter dated F�bruary 26, 1981, unbuilt lots were -5- � ' � 5 r 13� • ��I • JY�IU�: :. not to be used far d�nping. Coimcilman Schneider felt there needs to be further work done to determine what the Cxty owns and what the Taanhouse Associaton aans and to make sure the mmmii�nents made !� the developer have been adhered to. He state� he would like to see the City staff, menbers of the �anhouse Association and Mr. Farr meet to discuss their responsibilities. Cotmcilman Schneider stated he would be willing to recommend apprwal of the vacation, if the d2veloper is willing to post a surety bond in the amo�mt of $10,000, or else he would rather table this vacation ra3uest for two weeks. Mr, Farr stated he is willing to talk anc3 felt they w uld come to some mut�al agreanent. Ms. Mulvihill asked if the developer was in agreement with Item #9 to restore the buffer between the taanhouse at 1511 North Innsbruck Drive and her property. Mr. Farr stated he has no problem with this item and can replaoe the tree, but not with a 40 foot Oak tree. Mr. Danko stated north of Innsbruck Drive, the landscaping is not complete. He stated Mr. Farr failed to stabilize the kxlnk and some plantings have not been installed. He also stated in Mr. Farr's filling operation, heavy equignent and loaded trucks caused extensive damage to a large area of the Association's street and this matter has not }�een resolved. Mr. Farr stated his father, Darrel Farr, wzll review this matter when he returns to the Ztvin Ci ties and came to some agreement with the Association. Mr. Herrick, City Attorney, stated this is an area where the Townhouse Association should deal directly with the developer. NDTION ty Councilman Schneider to apprwe vacation ra�uest, SAU #86-03, with the following stiptilations: (1) the developer post a$10,000 surety bond, or a lesser aanoimt as deY.ermined 1� staff, and discussion be held between staff, the developer, and the 7bwnhouse Association to resolve the issues raised 1� staff; (2) matntenance problens on the vacant lot on West Bavarian Pass be resolved; (3) landscaping at 1511 North Innsbruck Drive be completed; and (4) resolution of the erosion problem on the lot being surcharged. Seoonded lx Cotmcilman Fitz�trick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unammously. Cowicilman Schneider stated it was not his intent to have P1r. Farr pay for maintenance items. He did feel Items 2, 5, 7, 9 and 10 as well as the rim-off fran the lot on West Bavarian Pass were the responsibility of the developer. Mr. Farr stated he has talked to the 7bwnhouse Association regarding Item 7 and the� will take care of this �roblen. CONSIDERATION OF DISPOSITION OF EXCESS PROPERTY GENERAL�LY I�OCATID ON PART OF OUTL�OT 1. BLOGZC 1, GENA RAE ADDITION: � � � � k• �. . _ ��� . :�,�: . Councilman Schneider felt one of the primary issues is whether this triangular piece of property is needed to retain or detain storm water. Mr. Mark Burch, Assistant Public Works Director, expla�.ned the drainage plan as originally proposed for this ar�. He stated this glan was reviewed with several residents in the area and suqgestions were made to improve the drainage t� making swne minor imprwsnents. He stated he felt the drainage oould kae imprwed without using this triangular piece of property. Mr. Sob Gambrel, 1341 Creek Park Lane, sutmitted a letter and photograFhs to the Council. He stated the letter was written before he received clarifi�ation fran I�hrk Burch on the City's recommendations. He felt the reoommencl3tion L� the City to laaer the pipe belaa the lc�el of tus lxzsenent is a good one. He stated, as far as the recommendation to tie the pipe across the street into another pond, he felt it would reduce the water entering the pond behind his hane. He stated the Council can ignore his first ob7ection as the Uenn is actually a foot lower than the elevations sho,vn on the plan and, as long as the berm cbesn't rise above the level of the outtake gipe, he would Ee satisfied. He stated his other wnoern is the triangular piece of property. He stated he revicived contour ma�s and the traditional flaa of water goes through this triangle. He stated there is no ponding to the north of the road and all the depressions are to the south. He stated these were the circumstances before any develognent took plac� in this area. Mr. Ga�nbrel sutmitted a drawing wluch had been ctistributed by the builder. He stated the water flaaed across his yard into a pipe. He stated nothing was shaan in rec�rd to the Fonding behind his property. He stated he bought his property assianing the water would flav through and not ranain standing. He stated he �derstood there would be some drainage and ponding on the south side of the road, k�ut not on the north side. Another drawing sutrnitted L� Mr, Gambrel shaaed the Ixrimeters of the ponds behind his hane. (bntours A, B, and C outlined floodi.ng that had occurred on �rtain dates and Contour D depicted the constant state of the water problen on his �operty, He pointed out haa close this water comes to Mr. Philli�:s' property at 1361 Creek Park Lane. Mr. G�nbrel felt the �ntour of the property should be changed. He stated there is a depression in Mr. PhilliFs yard to the west and he would propose this be cut cbwn two feet so the water flaas into the triangle and build a depression into the triangle. He felt this would allaa the water to flow naturally into the pond. Mr. G�nbrel felt the drainaye plan dic�'t take into account the triangle's affect on the water and the fact that the City decided not to put in a cul-de-sac. He fe]t the Ci.ty should consider the use of this triangular piece of Fxoperty to solve sane of the drainage problens. Mr. Ga¢nbrel stated he doesn't ob�ject to everything proposed to improve the drainage, but there are problems beginninq at P4ississippi Street where -7- 13� ' �.�. _ u� � • �� � r :. enouc�t c�saent isn't allaaed to get rid of the water. He felt the City's plan dich't solve the �nding. Mr. �ureshi, City Manager, stated the original plan submitted by the developer and approved by the City and Rice Creek Watershed District prwided there be a reterition area, without an outlet, on three lots (1, 2 and 3) . Co�mcilman Barnette asked if the property aaners knew they had a retention area in kack of their lots when the� k�ought their hanes. Nlr. Gambrel stated the original plan showed two dra�.nage easements, one on the north and one on the south. He stated the plat they finally received shaaed a drai�ge easement only on the south side. He stated one would then assime the idea of putting a pond on the north sic� was re�ected. He stated the builc�r went into gr�t detail about the pond on the south side. He stated he assuned the water would be going into a pipe. Mr. Qureshi stated on Lot 2 the elevation is laaer than what is shaan on the plan, cbtmcilm�n Schneider asked wkr3 the home was built lower. Mr. Burch stated the developer wanted to Uuild a walkout wh�.ch was peLmitted with the addition of the pipe. , Mr. Qureshi stated the pipe is too high to do much good for P1r. Gambrel's and Mr. Phillips' properties. He stated what is proposed is to have a direct ptpe fran the back yarcls to the p�rk retention area and also provide an additional hack inlet pipe with small retention area connected to the catch L�sin on the street, whtch would intercept the drainage fran the east which forms about ],/3 of total drainage area now draining into the back yarc�. � Coimcilman Schneider asked if this proposal would assure there would be no standing water. Mr. Qureshi stated the drainage would improve, but he �ulch't say there would be no standing water. Mr. Herrick, City Attorney, stated he didn't think there is any question recprding the City's right to store water on these properties. He stated this right was acquired when the City approved the plat and develognent grading plan. Cotmcilman Schneider questioned haa a prospective pro�rty avner would know there is a retention area on his property. Mr. Gvnbrel stated in the original drair�ge plan, there was the concept of an easenent on the property. He stated on the plat imder which they bought their hane, there wasn't an easement on the north side. Mr. Qureshi stated the plat doesn't have oontours on it. He stated if smneone wished to review the drainage plan, the� oould receive it f rom the City or Riae Creek Watershed District. Mr. G�nbrel felt the benn �uld be laaered on the other side of the park to � 13� ' , I� • 1� W �4 � • Y�J��i' retain the water on the south rather than on the north. He felt there are a lot of alternatives, but the� have to resolt�e the problen of water in their k�ck yards. Mayor Nee stated the question the Cotmcil wished to address this evening is whether the� should keep or dispose of the triangular piece of property in the Gena Rae Addition. Mr. Richard Briclmer stated he would be interesting in purchasing this piece of �x operty should the Council decide to sell it, Mr. Ganbrel stated he would like to see a plan to lower the berm and pipe before he gives up the ic�a that this triangular piece of property is not needed to xesolve some of the drainage problens. NDTION b� Cotmciltnsn Schneider to refer the matter of the drainage back to staff to ravork witl� the inte[ested �rties and to bring it back at the next meeting along with various resolutions on the disposition of this triangular pieoe of �ark property. Sewnded lx Cotmcilman E'itzFatrick. Upon a voice vote, all voting aye, N�yor Nee declared the motion carried unammously. .� A reoess was called b� N�iyor Nee at 9:55 p.m • �� �� I�hyor Nee remnvered the meeting at 10:00 p.m. All Council members were present, . � � • '• :. ••,� •o � � u �• � :. � «' � �� � �� • � • • � � � � • u • • . i� � � � • : �,/. `� • i • � • y �� 7. � NDTION b� Cotmcilman Schneider to adopt Resolution No. 99-1986 with the follaaing stipulations: (1) park fees of $1,5D0 each are to be �id with building permits on Lots A and B. Lot C subject to g�rk fees if built on; and (2) registered land survEy to be reoorc3ed prior to issuance of building permit. Seoonded L� Councilman Goodspeed. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unammously. RESOLUIZON N0. 100-1986 CONFIRMIi� ASSESSMENi' FOR WHTER AND SANITARY SEWER IMPR(7ilEMENT PRL�7ECT N0. 150: NDTION b� Coimcilman Barnette to acbpt Resolution No. 100-1986. Seconded L� Colmcil�n Schneider. Upon a voiQe vote, all voting aye, N�iyor Nee declared the motion �rried unanimously. CONSIDERATION OF LICENSURE FOR Ai7T0 RECYCLERS IN Tf� CITY OF FRIDLEY: Mr. Rabertson, Commtmity Develognent Director, stated at the time these � 13� 0 � 9. �� 140 • li. _ u� • ;�y�,�c �• :. licenses came up for renewal last April, there was the question of soil contamination. He stated the Cbimcil ordered testing of the soil and the results have been received fran Z+ain City Testing. Mr. Rabertson stated the testing results incli.cated no contamination of the soil or surfaoe water has occurred as the result of the existing use of these properties. He stated at one location at Central Auto Parts a lead conoentration was ic�ntified above the State's disposal limit, haaever, a seoondary testing to identify the problen indicated it was very localized and far belaa the hazarcbus waste limits set b� the State. Mr. Ra6ertson stated, based on these results, it is felt another testing woulch't be neoessary tmless there is some ma7or change in the operation, haaever, this cbes not �eclude the need for the annual license renewal, based on the visual appearance of th e property. He state� Council had extended these licenses imtil such time as these test results were Imaan. HDTION t� Cotmciltn�n Schneider to renew the April 30, 1986 licenses for Sa¢n' 5 Auto I�rts, Bargain Auto Parts, and Central Auto Aarts for the current year and period ending April 30, 1987 with the follaaing stipulations: (1) Sam's Auto Farts is to have no storage of vehicles on the lot east of Sam's; (2) Bargain Auto Parts is to imprwe the condition of the main gate to the storage yard and renwe the wood pile fran the custaner Farking lot; and (3) Central Auto Parts is to fix the weir at 1136 73-1/2 Avenue to specifications from the Assistant Public Works Director. Mark Burch. Se�nded k� Coimcilman Barrette. IIp�n a voice vote, all voting aye, Mayor Nee declazed the motion carried unammously. Councilman Barriette felt staff's reoommendation to photograph these sites for a visual record of the existing conditions and used for future oomXarisons would 6e a good idea. Councilman Schneider asked if staff was proceeding with any actions regarding the property at the northwest crorner of 73rd and Old Central Avenues. Mr. �ureshi, City Nhnager, stated the remmmend3tion of the C.ity Attorney's office is to develop a case and then proceed. He stated a plan of action and a timetable cx�uld be given to the Co�mcil. �Y� r• « r •� � •� 1 ' Y U 1� M�I�iY • `U� •ul �u �� - Nhyor Nee stated the semnd reading of this orinance includes some minor changes frcm the first reading in order to provide better clarification. hS3TI0N b� CoLmcilman Barnette to waive the reading and adopt Ordinance No. 864 on the seoond readi.ng and order publication, Seconded by Councilman � Schneider. Up�n a voioe vote, all voting aye, Mayor Nee declared the motion carried unammous2y. NEW $USINESS: -10- „ - 1�� �� �� u�l • ��ur � 10. CONSIDERATION OF FIR4T READII� OF AN ORDINANCE ADOPPING THE BUDGET FOR THE FISCAL YEF1R 1987 • Mr. Jim Hi11, Public Safety Director, stated it is requested the Council mnsic�r ftmds in the budget to allow for the purchase of Civil Defense sirens. He felt it may be better if the City prepared their own specifications for these sirens as he is aware of only one city that provides for muttal purchasing. Mr. Qureshi stated staff would be remmnencti.ng some ad7ustment to provide for these sirens. M�TION by Councilman Schneider to waive the reading and approve the ordinance upon first reading. Seconded by Councilman Barnette. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unani.mously. � •� � � • • �� • ••o r• •a �� i � � ��� i,_• �. � �� •,_ u • �. � Mr. Robertson, Co�nimity Develognent Director, stated this amenclnent to the mde was sutmitted to the Planning Commission and th�y rewmmended approval on January 8, 1986. � Mr. Herrick, City Attorney, stated as he reads this ordinance, it is to preaent people frcm �arking cars on their side or front yards for purposes of sale. He felt the ordinance couldn't k;e justified on the hasis of safety or aesthetics. He stated he thought the Ci.ty would have a difficult time enforcing the ordinanoe if thEy have to shaa the vehicle is p3rked for the specific purpose of displaying a sign. He stated if the Council felt strongly about this issue, the ordinance shouldn't differentiate between cars that are for :ale and other cars that are �arked in these areas. �imcil�n FitzFatrick stated if there is a better way of approaching this problen, he would be in favor of it. He felt the �se oould 6e made that a car for sale would distract more than one that is just �rked there with no sicy�. He stated he received a nwnber of complaints pertaining to this issue. Coimcil�n Barrbette stated not only are cars parked in owners' yards, but all along East River Road and other streets. Mr. Herrick Pelt perhaps his office and the staff should analyze the ordinanoe further before the sewnd readi.ng. MOTION by Councilman Fitz�trick to waive the reading and approve the ordinanoe upon first reading. Seconded by Councilman Goodspeed. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimausly. Ir �� � • • • �� • ••� � ' •� � - •� y��' � �� y�,6�lu�: � �� , - �� �.�ulu�•_ 'a 1_ � -11- ��$A CKfl� _�}�T�v-3i��l�.�i _ ���r a�• Y�l4IT� ' Mr. Jim Hill, Public Safety Director, stated the current snowmaHile ordinance consists of somewhat confusing language as well as many duplications of the State statute. He stated the purpose of this new chapter is to make the ordinanoe more precise and less cwnbersome. Mr. I3i11 stated this ordinanoe has been reaiewed tr� the Ci.ty Attorney's office. MOTION by Councilman Schneider to waive the reading and approve the ordiriance upon first ra�ding. Seconded by Councilmen Goodspeed. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. �� � ��+ur u w �aw .� • u NDTION t� Co�mcilman Barnette to reoeive and apFxare the September 9, 1986 Prima�ty Statanent of C�rrvass. Seconc7ed by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unammously. �� •• � • • /_ � n_,� ��• r �• Coimca.lman Fitzpatnck stated the Attorney for A�che Camping Center and the neighborhood representatives have asked that this item be tabled to the next meeting. ' MOTION by Councilman Schneider to table this item to the next regular meeting. Sewnded tr,� Coimcilman Fitz�atrick. Upon a voice vote, all voting aye, N�yor Nee declared the motion carried unammously. •� � • • • -�- • �.I a�� • � � �� . . � . .� M�TION lx Co�mcilman Schneider to ooncur with City staff's recommendation and authorize the City Manager to enter into a purchase agreanent with Brandon Construction for the purchase of the west 80 feet of the south 150 feet of Lot 6, Auditor's Subdivision No, 129 in the amount of $18,500. Seoonded 1� Councilman Fitz�trick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. . • ,� • • � • : . �I_ . . 4 �. . . . . .,� . � . . . � u �. . . 71 � � �.y�... _ Mr. Pribyl, Finance Director, stated, basically, the reason for this resolution is because of the name change for Winfield Developnent, Inc. so that there is the proper disclosure of the actual borraaers. He stated the resolution deals with c�fimng the preliminary prooedure under the TEFRA Act iteelf. Mr. Pribyl stated the bond counsel was present to address anp questions frcm the Coimcil. ' NDTION ty Councilman Barnette to arbpt Resolution No. 101-1986. Seoonded ty Councilman Gooc�peed. Upon a voice vote, all voting aye, Nhyor Nee cieclared the motion carried unanimously. -12- ' k• � . � �� 17. RESOLUTION NO 102-1986 AUTHORIZING THE SALE AND ISSUANCE OF COMMERICAL DEVEIAPMET7T REVENUE BOPIDS (WINFIELD DE�7ETAPMENP, INC.1. OF THE CITY. FOR THE PURPOSE OF FINANCING A PROJECT AND AUTHORIZING THE EXECUTION OF THE NECESSAft7i DOCiJ[�'IENPS• NDTION b� Coimcilman Gooclspeed to ad�Ft Resolution No. 102-1986. Seconded L� Cotmcilman FitzFatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unantmously. 18. RESOLUTION NO 103-1986 APPROVING AMENDMENTS TO CERTAIN REIMBURSEMENT AGREEMEIdTS ($11 550 000 VARIABLE RATE DEMAND GENERAL 9BLIGATION TAX INCRII�7EAlI'BOAIDS ADID $3 100 000 VARIABLE RATE DEMAND GENERAL OBLIGATION IMPROVEMENT BOAIDS): Mr. Prils�l, Finance Director, stated the City has undergone a rating by Moody's and they have suggested amendments to these reimbursement agreanents. He stated the language is lessened as to what financial disaster would create a default and the amenchnents c�wngrade items that would cause a default in dealing with these variable rate bond issues. Nl�yor Nee asked if this would increase the sale price of the bonds. Mr. PriL�l stated it has no effect whatsoever. ' [�DTION 1� Coimcilm�n Barnette to adopt Resolution No. 103-1986. Sewnded 1� Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. ' 19. RESOLUPION NO 104-1986 AVPHORIZING ADID DIRECPING THE SPLITTING OF SPECIAL ASSESSMENPS ON LOTS 4-7, BI�OCIC 4. OAR GR(A7E ADDITION: NDTION b� Councilman Schneider to acbpt Resolution No. 104-1986. Seconded tr� Coimcilman FitzFatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion �rried unanimously. � �� • • � �:. • �y �. � u � • y!� � � i • • •� � • � , �, � • ��u � • '� � � � � � NDTION b� Councilm�n Barnette to adopt Resolution No. 105-1986. Seconded 1� Coimcilman Schneider. Upon a voice vote, all voting aye, Ni�yor Nee declared the motion carried unanimously. 21. RESOLiJi'ION N0. 106-1986 A[TCHORIZII� ADID DIRECTING THE SPLITTING OF SPECIAL ASSESS[�NTS ON L(7P 3(EXCEPT SOUTH 204 FEET OF EAST 200 FEET AND EXCEPT NORTH 126.01 FEET OF EAST 200 FEETI, BLOCK 2. EAST RANCH ESTATES 2ND ADDITION: NDTION lx (b�mcilman Goodspeed to aci�pt Resolution No. 106-1986. Seconded by Cotmcilman FitzFatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. -13- 1��3 . 4i •_ '�vic 1�� , 22. RESOLU'�'ION NO 107-1q86 RELATING TO MODIFICATION BY THE HOUSING AND RIDEVIIAPMENT AUTHORITY IN AND FOR THE CITY OF FRIDLEY OE THE MODI IED RIDE«�PMENP �AN FOR ITS RIDE�'�.OP�L� PR�.TEGT NO 1 Tf� AM�IDMENf OF THE TAX TNraFn�NT Fr�ANCING DISTRrCTS NO 2 THROLx'H 6 TO REFLECT INCREASED pul17FGT COSPS WITHIN RIDES7ELr0 MII9T pROJE�T NO 1 AND THE A PROVAL BY THE ('Tq'y OF FRIDLEY OF THE PROPOSED TAX INCREMENT FINANCING PLANS FOR TAX INCRENIl?NT FINANCING DISTRICT NOS. 7 AI�ID B: NDTION lX Cotmcilman Schr�ider to adopt Resolution No. 107-198b. Seco nded by Councilman Barnette. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 23. LICENSES: l�DTION lX Cotmcilman Barnette to approve the licenses as suhnitted and as on fil e in the License Q erk's Office. Seoonded l� Coi.mcilman Schneider. Upon a voice vote. all voting ape, Mayor Nee declared the motion carried unanimously. 24. CLAIM.S: NDTION ts� �uncilman EYtzxatrick to apFxove Qaims No. 10314 through 10523. Semnc7ed L� Coimcilmati Goodspeed Upon a voi� vote, all voting aye, Mayor Nee declared the motion carried unammously. ' 25. ESTIMATES: NDTION L� Coimcil�n Goodspeed to apprave the estimates as sul�nitted: H & S AsFhalt, Inc. 1700 Industry Blvd. Anoka, FN 55303 Street Imprwenerit Proj ect No. ST. 1986 - 3 FINAL FSTII�TE . . . . . . . . . . . . . . . . . . $ 20,997.83 AND, Street Imprwaner�t. Pro� ect ST. 1986 - 1& 2 Partial Estimate No. 8 . . . . . . . . . . . . . .$ 10,202.62 Eugene A Hickok & Assocites 545 Indian Nbimd Wayzata, NN 55391 For Professional Servi�s Fran July 29 to August 27, 19$6 . . . . . . . . . .$ 434.90 EnettZk Construction P.O. Box 139 1 Northfield, NN 55057 Da�nolition and Site Grading Pro7ect #163 Partial Estimate No. 1 . . . . . . . . . . . . . .$ 188,311.85 -14- � � ' Y 1��a • a�, ui� � ��ui: �• • : . 5imde Engineering, Inc. 9001 Fast Bloanington Freeaay � Bloanington, Md 55420 For Ehgineering Services f�rformed Lake Fbinte Corporate Center . . . . . . . . . . .$ 7,745.11 5eoonded 1� Cotmcilman Schneider. UFon a voiae vote, all voting aye, Mayar Nee declared the motion carried unanimously. Ff�TION by Councilman Schneider to adjourn the meeting. Seconded by Cotmcil�n Barnette. Upon a voice vote, all voting aye, N�yor Nee de clared the motion carried unani.mously and the Regular Meeting of the Fridley City Council of Septenber 22, 1986 adjourned at 10:35 p.m Respectfully sutmitted, � ����� c`arole Hadd3d, Secretaxy to the City Cotmcil Approved: —15— ��� �- Willi�n J. Nee Ngyor