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11/17/1986 - 00011347�� '�'�' MIN[fl'ES OF TI� RF7G[A,�,R MEETING OF THE FRIDLEY GrTy COUNCIL OF NOVEMBER 17. 1986: �e Regular Meeting of the Fridley City Cowicil was called to order at 7:40 p, m. 1� Mayor Nee. PLIDGE OF ALLEGIANCE• Mapor Nee led the Cotmcil and audienoe in the Pledge of Allegiance to the r'J. ag. ftOLL CALL: MENBER5 PRFSFNT: Mayor Nee, Q�w�cilman Barnette, �uncilman Schneider, Coimcilman Fitzpstrick and Coimcilman Goodspeed MENBERS ABSII�IT: None .�� , � A� 1� 41 i� I: �L'�:�:� Councilman Goodspeed stated the minutes should reflect he did not vote in favor of the motion on Page 17 regarding the ACCW's allocation of the � franchise fee. NllTION b� Coimcilman Schneider to apprwe the minutes of Novenber 2, 1986 with the above amencYnent. Sewnded k� �imcilman Fitz�atrick. Upon a voice vote, all voting aye, N�yor Nee declared the mation carried unanimously. ADOPPION OF AGEhIDA• �e follaaing items were added to the agenda: (19) Consideration of a Re3uest for the Continuation of a Varianoe Granted to Pickwxck Bookstore for 120 square feet of free standing sign space; (20) Consideration of a Resolution to Authorize the City Nl�nager to Execute an Agreement with the Metropolitan @imcil for the Fundinq of Performing Arts for Springbrook Nature Center; and (21) Consideration of Setting a Public Hearing on Hic�naay 65 Turnta3ck Property. NDTION by Cotmcilman FYtz�atrick to acbFt the agenda with the above additions. Seoonded IX Councilman Goodspeed. Upon a voice vote, all voting aye, l�yor Nee declared the motion carried unanimously. [�3� .�� . � . 7.here was no response fran the audienoe under this iteqn of business. i: .i �. �� • • • •o-� �� • • �• i� Yli'L? • �� ' u 1. � • � � 1� al � a1� �� • • � • • � •�� ► � • v -1- �K•,,,. M �� . .,�,�: • ' NDTION k� Cotmcilman Barnette to waive the reading of th notioe and open the public hearing. Seconded 1� Council a voice vote, all voting aye, Mayor Nee decLared the unanimously and the public hearing opened at 7:44 p.m. � � OOa� ��. e public hearing man Schneider. Upon motion carried Mr. Robertson, Community Developnent Directox, stated this rezoning is requested in order to mnstruct a 358 imit apartment complex between 83rd and 85th Avenues irt¢nediately east of the Springbrook Nature Center. He stated the Com�ehensive Plan has identified this area as potential housing in l:oth the land use and housing portions. He stated because the rezoning which is being souc�tt is different fran the S-2 classification in the 1990 Land Use I�p, an amendment to the Comprehensive Plan has been f iled and is being reviaaed I� the Metropolitan Coimcil. He stated this response should be available in early Deczcnber, �ior to the first reading of the rezoning ordinance. Mr. Rohertson stated this proposed oomplex would be served on the south I� a 10 inch sanitary sewer line and a 12 incti water line located in 83rd Avenue. He stated storm drainage will be handled through on-site ponding and also through the oonstruction of a pond on the Nature Center property. Mr, Idohertson stated the average daily traffic on University Avenue is 35,867 vehicles and projected 1988 traffic is 42,000. He stated the currer�t. average cZiily traffic for 83rd Avenue is 411, with a projection of 1,400 for 1988. He stated the project would provide ingress and egress from two driveways onto 83rd Avenue and Bartorr-Aschman, the traffic consultant, has pro�ected the :�me level of traffic after mmpletion of this project. Mr. Robertson stated a tr�npet median was installed on 83rd Avenue which allows for right in and right out traffic mwenent only. He stated the developer has expressed an interest in a traffic signal at 83rd Avenue and University. He stated the Minnesota DeFartment of Transportation policy dictates that traffic sicyials can only be installed when the existing traffic aounts meet prescribed warrants. He stated a future roadway between 83rd and 85th Avenues was considered in this develognent planning process which has resulted in a 65 foot easement being reserved across the north end of the developnent. Mr. RDbertson s�ated an Envirormental Assessnent Worksheet has been preFared L� BartoirASChman because of the size of the develognent is over 225 units. He stated this worksheet has been sul�nitted to the Envirormiental Quality Board and the 30 day oommerit period will end on Deoember 3. Mr. Robertson stated a prime mncern has k�een the proximity of this proposed develognent with the Springbrook Nature Center. He stated staff considered the quality of the developnent to be the utmost priority and encouraged a layout sensitive to the Nature Center. He stated staff and the Springbrook Nature Center Fbimchtion wanted to insure adequate screening which would be cbrie through berming and extensive screening with landscapinq. He stated there also would be a six foot security fen� along the developnent side of the hecm with two acoess points prwided including turn-style gates. Mr. Robertson stated there would be nine buildings with a total lot mverage -2- �oc��-� • Jy y171 • �� lyl: ' ' : . ' of 23� which is iutder the 30� allaaed, He stated the density is slightly over one unit per 2,500 square feet of lot area. He stated the Code requires 716 parking sFaces and the plan provides for 743 parking s�ces, 237 of which are wvered garaqes for 66� of the units. He stated surface Farking includes 486 stan2hrd stalls and 20 handicapped stalls. He stated the �arking stalls are nirie feet wide and the developer has made application for a varianoe whici� will be processed through the Appeals Commission on Novanber 25, 1986. Mr. Robertson stated the Springbrook Nature Center Ebimchtion has supported the general mnaept of this develognent. He stated their items of concern irivolved plariting, fencing, ponding, boarc3aalk, access trails and program outreach. He felt these areas have been addres9ed and stated the outreach progran is to inform new residents of the a�.artment complex of the Nature Ceriter's progran. Ms. Lin� FYsher, legal mtmsel for the developers, stated the principals for this develognent are Ken Belgacde, Charles Belgarde and Harry Yaffe. She stated the pro7ect architect is Ja�nes Coopexman an Associates; landscape architect is Uavid Rirsht Associates; fill engineer and land surveyor is Harry S. Johnson, drainage engineer is CCST, Inc; and Bartoir-Aschman was the traffic engineer and pre�ared the Envirormental Assessnent Worksheet. Ms. Fisher stated they have worked closely with the Springbrook Nature Center Foimdation and their Executive Director. She statec there were � several orrsite visits made to the Nature Center and they reviewed their plans with the entire Foundation. She stated the Foundation adopted a resolution supporting the general concept of this development and wi11 �ntinue to work with then to review final details. Ms. Fisher stated they have ra3uested assistance with this project in the form of taxable tax increnent bonds and taxable housing revenue bonds, and the general concept has been approved by the HRA. She stated they are working with staff to negotiate a cl�velognent oontract. Ms. Fisher stated the developers have over 20 years experience in multi-fani].y housing. She stated they developed the Cliffs project in Minnetonka and Four Seasons in Plymouth as well as the East River Road Business Center in Fric�.c�. She stated in terms of multi-family housing, the developers build for long-range avnership. She stated the develognent proposed consists of 358 high quality apartrnents of nine, three story buildings. She stated the exteriors would be earth-tone brick with ptotruding balconies. She stated both surface and garage parkxng is prwided and the pro7ect includes a mix of one, two, and three bedroan tmits with retxts ranging from $520 to $675 per month. She stated some of the amenities include �tanunity and recreation roans with sa�ma, whirlpool and e�rcise facilities. She stated there would be walkways and �ogging paths arotmd the entzre perimeter with volleyL�ll, tennis, and baskettxzll courts, gl.aygrotmd area, and swimming pool, � Ms. Fisher stated there would be bermin5 on the site and extensive lanc�caping. She stated she felt a good compromise had been reached -3- ' � ' �'�� [K� i� �i a� � i •,�, �r regarding control of the access into the Nature Center. Ms. Fisher stated thEy have worked with staff and the Watershecl District on a drainage plan and the rate of rim-off will be equal �o or less than the rim-off before develognent. She stated they are providing two on-site denterrtion ponds and a third pond will be on the Natuxe Center site, with the quality of the rim-off itnprwing after develognent. (biutcilman Goodspeed questioried the amemties in this project mm�red with similar housing projects mnstructed b� the develo�ers. Ms. Fisher stated early in the developnent process, staff was searching for a way to judge quality. She stated staff toured the Cliffs in Minnetonka and asked for a wm�rative lising of features for informational purposes. She stated sinoe then the� have mme up with a list resolving any questions with that oom�arison and the amenities the� actually propose. Mt. Ken Belgarde stated it would take approximatly 30 months to construct this project and the� hoped to adjust the amenities to the needs of the renters. He stated wherever there is a strong need in one area or not a need, the� would adjust acoordingly. Coimcilman Goodspeed stated his wncern is it may mt work out if there is the op�rortimity given to change the amenities. Ms. Fisher felt it would also be in the City's interests to have the flexibility. Cotmcilman Sdineider asked if same of the buildings would 6e geared more taaarc� f�nilies versus young marrieds and singles. Mr. Belgarde stated some of the buildings will be for adults and others would allav ciiildren. He stated the� may Even provide a different building for persons 50 and over. He stated there would be housing to meet everyone' s neec�. Co�mcilman Schneider q�stioned if the p3rking was adeqiate. Mr. Robertson stated it is above the mimmian outlined in the �d�. Ms, Fisher stated the� disoovered an error in �mputinq the Earking s�aees and there are actually 729 sFaoes, whic� is above what is required l� oode, rather than 743 sFaces. Coimcilman Goodspeed asked if there would be an additional charge for rerital of a c�rage. He stated his concern is tenants may not want to rent the garages and there would�'t be sufficient �rking. Ms. Fisher stated there would k�e a charge for a garage and this same q�stion was discussed with the City staff. She stated it has been their experience that usually there are not sufficient garages to rent. She stated if this was not the case, the develoX;er has s�ce on site to add �rking. She stated there is a mndition that qives the City control, if this ^3iould happen. Colmcilman Schneider asked if the building was sprinkled. stated the buildings cb have a sFxinkling syste9n. -4- Mr. Belgarde •L.J,� I � � ��i��1�� "f A , Coimcilman Fitz�atrick stated his o�noern was haa this pro7ect interfaces with the Nature Center and this has been addressed. He stated the Nature Center Fotmdation itself felt satisified and, ap�arently, ezcpressed no reservations. Mr. Imbertson outlined 12 stipulations �noerning the relationship of this develognent with the Springbrook Nature Gerster. No other persons in the audienoe spoke regardin9 this proposea rezoning. I�DTION tr� Cotmcilman Gooc�peed to close the public hearing. Seconded by Coimcilman Schneid2r. Upon a voice vote, all voting aye, Ffiyor Nee declared the motion carried unanimously and the public hearing closed at 8:15 p.m 2. CX?NSIDERATION OF A FrNAL pLAT P S #86-05 NORTH PARK ESTATES GENERALLY I,OC'ATID SOUPH OF 85TH AVEN[1E WEST OF UNIVERSITY AVENUE AND NORTH OF 83RD AVENUE. BY UNIVERSITY AVENUE AS50CIATES: NDTION l� Cotmcilman FYtz�mtrick to waive the reading of the public hearing notioe and open the public hearing. Semnded 1� Coimcilman Goodspeed. Upon a voiae vote, all voting aye, Mayot Nee declared the motion catried unanimously and the public ha3ring opened at 8:16 p.m. Mr. Robertson, Commimity Developnerit Director, stated this plat includes one block and two lots, Lot 1 being the develognent Farcel and Lot 2 being the 1 renaining p3rcel. He stated Lot 2 is included in the plat because it is one tax �rcel. He stated an easement is re�w.red on the east and north edges of this plat for possible future acoess between 83rd and 85th Avenues. Mr. Rpbertson stated there are six stiupulations associated with this plat, which he outlined as follows: (1) developer subject to fair share of assessnents on possible future road along the north end of developnent site; (2) property avner agrees to provide on plat an additional 65 feet wide ric�t-of-way for a loop on Lot 2, Block 1, to provide a future road connection betraeen 83rd and 85th Avenues; (3) Lot 1 and Lot 2 are sub7ect to Fark fees as follaas: Lot 1, 358 units at $500 per imit or $179,000 (total anoimt to be Faid with first building permit) and Lot 2, $6,212 (270.072 x .023) to 6e �aid with building permit or replatting, at the prevailing rate; (4) designate existing 33 foot easenent on south as c�dicated right-of-way on plat; (5) developnent waterline should provide for two stubs on the northern section with tees and valves and �ordinated with City Engineer; and (6) developer agrees to �ay up to 253 of norrpublic rost associated with possible sic�alization on 83rd and University Avenues and at 85th Avenue and future access road Mr. Qureshi, City Manager, stated if a sicg�al is warranted, this developnent would bear the aost of what the City normally �ntributes. Ms. EYsher stated the stipulation in regard to the traffic signal was not � addressed when the plat was reviewed L� the Planning Commission. She stated she was aware of this stipulation on Nwenber 7 and felt it was reasonable, haae.�er, there are a n�snber of other properties that would benefit and -5- ��lf��'�` •�1�. � 4i . ., � r �• • : . � p�roposed establishing some percentage on a possihle future assessment for their developnent. Ms. Fisher stated BartorrAschman �wided an analysis of what this percentage should be and came with a figure laaer than staff reoo�nended. She stated the� would like the opportunity to review these peroentages with staff, No other persons in the audience spoke regarding this final plat. ADTION b� Cotmcilman Fitzxatrick to close the public hearing. Seconded by Coimcilman Barnette. [Tpon a voioe vote, all voting aye, l�hyor Nee declared the motion carried unarumously and the public hearing closed at 8:25 p.m OLD BUSINESS• �� • • :. • • � •_+� � •� � � a�� i s•� « •«' • i �� O�timcilm�n Schneider stated at the last meeting, staff prwided the Council with information which had been requested in regard to this request for a special use permit, He felt the two key issues were the lease agreenent with Totino-Graae for the Farking and the recr�tiotr3l �sement. He stated he understan� Totirw-Grace's School Board has not taken a formal action, 6ut the Executive Soard has indicated a favorable g3ssage of the parking agreenent with Church on the Nbve, He stated in regard to the recreational � eas�nerit, he questior�ed the duration of this easement. He stated as he interprets it, if Church on the Move was to sell some of their property, the easenent teLminates. He felt as long as �urch on the Move is using this g�roel, the easement s�ould be enforced. Mr. Herrick, City Attorney, stated Church on the Move's legal counsel and his office have reviewed the preliminary draft for this proposed recreational ease�nent. He felt there was agreenent that if the Council proceeds to grant the special use permit, a mutually satisfactory agreanent can be reached in terms of the easement. He felt the Council was not aomanitted to exact language in the draft before thsn and changes could be made. Co�mcilman Schrieider stated during the ha�ring on this special use permit ra-�uest, a nun6er of issues were raised regarding potential future use of this property. He felt there are many questions and problems to be resolved, if Church on the Move wanted to expand their use of this property. He felt the� �oL�bly coulchz't meet the code for access onto Gardena and would look unfavorably on acoess fran Oakwood Manor or Hillcrest Drive. He stated there is also the issue of the drainage. He stated his concern is, in several ya�rs, Qzurch on the Move have substantial investment in this propexty and dic�'t want then to come back with this as the basis of the arg�nnent to allav ex�nsion. He stated in fairness he wanted to let the pet�tioner ]maa his feelings and wncerns in regard to any future plans to ' e�nd. Cotmcilman Barnette questioned the current status in regard to aanership of C:� � � � [•�• �. ��+ . •;��: • . this property. �� REV. Anderson stated they are waiting for mmpletion of the bond sales and closing will be in four to six weeks. He stated they have signed an intermediate mntract to tie then wer before the bonds are sold. Mr, Herrick felt there was not a problen in proceeding with action on the speci.al use permit, if it is oontingent upon Church on the Move aaiuiring fee title. Ms. Gail Minear, 1291 Gardena Avenue, questioned the alternative plan f or Farking, if Zbtino-Grace is using their lot. Rev. Anderson stated this was discussed and it seems there would be a mnflict only one time of the year when Totino-Grace has a major event. He stated if there are oonflicts, the�y would use their Camc3en facility for �arking and bus the Fari�iorers to church sexvioes. He stated Totino-Graoe is ta give than seven days notice if the� have activities planned and Church on the Nbve cannot use their Farking so other arrangements can Y�e made. Mr. Roith, 1314 Hillctest Drive, stated Lroth the lots on Oakwood Manor and Hillcrest Drive are buildable lots and couldn't see oombining then into one tax paroel. Mr. Herrick stated it was his tmderstanding that the lot on Hillcrest Drive was not to be incluc� d as �art of the main �rcel. Mr. Roith stated he tmc�rstands the lot on Oakwood Manor could be built on as it was platted before the present o�de went into effect, Mr. Robertson stated this was a lec�l lot when it was platted and the only qtt stion is if it is a legal norrconforming lot at this time. Mr. Herrick stated if it was mnforming at the time of the glat, it would be mnsidered a buildable lot. Re�v. Anderson stated in original discussions, there were thoughts about selling these two lots in order to make sure there would not be any drivaaays onto Hillcrest Drive or Oalaaood Manor. Mr. Herrick stated the lot on Oakwood Manor would be used f or access into the recreational area. He stated the question of easement access for vehicles is a seFarate issue fran whether the lot should be included in one tax �r�l. He stated it could be included as one tax parcel and still allaa vehicle acoess or excluc� it and allaa vehicle access. He stated if the lots on Hillcrest Drive and Oakwood Manor are not included with the main Faroel, thc� wuld be sold and developed as residential Farcels. He stated if the� are included, a lot split would be necessary before they could be sol d. Fev. Anderson stated at the suggestion of the �imcil, he had the attoxney s for the bond com�ny re-write all the contracts to seg3rately list the -7- OOi�� • �. �� . • •,��,,,: �• • : � ' Hillcrest lot so the� oould sat�.sfy the request to keep it as a seg3rate Farcel. Mr. McLaugtil.in, 1D50 Garc�na Avenue, asked if any action had been taken on his ra�uest for a traffic si�al at Gardena and Old Central. Cotmcilman Schneider stated staff suFmitted a traffic study which shaaed that traffic on Gardena Avenue is oom�rable or less than on other streets of a similar nature. He stated the Folice reports indicate only two accic�nts since 1981. Mr. [+�Laughlin stated the City should review those re�rds as he personally saw more than two accider�t.s. l�hyor Nee stated the accidents referred to in the report were adjaoent to Totino-Graoe. Mr. McLaughlin stated there are certain hours when there is a high concentration of traffic and this situation is not oovered h� traffic wimts. Mr. McLaughlin asked if this site meets the Comprehensive Plan. Mr. Rabertson stated the policy statenents of the Comprehensive Plan incluc� the whole idea c� neic�borhood servioes in residential areas and the Zomng Code allaas ciiurches in residential areas with a special use permit. Mr. McLaughlin stated his ooncern is there has been no specific review of this pro�osal relative to the Comprehensive Plan. He stated he objected to � granting a special use permit on the k�asis of a�rkinq agreement with Zbtino-Grace. He stated the difference in what is required and what is available ra�uires a varianae and questior�d if Churdi on the Move appl ied for a varianoe. Cotmcilman Schneider stated 180 stalls is r�uired and Totino-Grace has 260 stalls available. He stated the whole key is that Church on the Nlove obtains the lease agreenent for �arking with Zbtirm-Grace. Ms. Olga Palmer, 1329 Gardena Avenue, asked if signalization cannot be prwided, if a three-way stop muld be installed on the east side of Gardena and on the north and south sides of Old Central, Mr. P7ora, Public Works Ihrector, stated the d�imty �ntrols Old Central so the City ooul�'t install sic�age on this street. He stated the traffic on Old Central between Rice Creek Road and Highway 65 is presently being revie,aed and it is proposed to limit access �ntinuing south on Old Central and prwide better mwenent of traffic along Rice Creek Road. Cotmcilman Schneic�r stated the only rationale for denying a special use permit has to be in the areas of health, public safety or welfare. He felt if the special use permit i5 granted, it should 6e rEViewed in six months so any problens oould be addressed at the end of this period. NDTION ty Councilm�n Schneider to grant special use permit, SP #86-16, with ' the followinq stipulations: 1. All existing hardsurfaoe areas to te improved with sealcoating, curb � � � ' • �_ �� • •.��: • 2. 3. 4. �� and gutter and striping; improvanent c�zte to be revi�aed and set in one yesr. An appra�ed d�nnpster enclosure or locati.on to be installed b� December 30, 1986. Rr3nove or reFair deteriorating playground equipnent by December 30, 1986. Comhine individual lots into one tax parcel with the exception of the lot fronting on Hillcrest Drive. 5. Prwide for, and reaord at Anoka County, a parking use easement with Totino-Grace Hi�, for use of Totino's �arking lot (off Gardena Avenue) on Sundays for a minim�nn of one year, prior to commencing church activities. Ftrrther, the special use permit will riot be granted until staff and the City Attorriey reviEw this d�c�nnent. 3 7 � S�ecial use permit #86-16, for church uses, is to be coterminous in duration with �arking use agreenent. Special use permit #86-16 is issued for the use of the existing �mu�asiwn for church servioes on Sundays for Qiurch on the Move only. S�ecial use permit #86-16 does not �ver any new construction for any building or Faving expansion. 9. A$5,000 bond to cover Items 1-4 to be issued to the City bef ore cammencing church activities or final written approval for a special use permit b� City. 10. Special use permit #86-16 to be reaiewed prior to expiration of �xirking agreenent and in six months. 11. Progranuned activities will not exceed parking supplied on site and at Totino-Grace High, when available. 12. A recreation easement, along with appropriate access easements as c�termined b� City Council, in favor of the City of Fridley, to be remrcL d at Anoka County �ior to mmmencing church activities or final written apprwal for special use permit b� the City. 13 14 Provide a gymnasiiunJchurch seating diagram for Fire Department apprwal, prior to mmmencing church activities. Approval of special use permit #86-16 is o�ntingent upon fee title by Faith Acadany or �urch on the Fbve. 15. Prwide drainage easements, as determined b� Pablio Works De�rtment, prior to mmmencing church activities or final written approval for special use pezmit tx City. � Ofl�C'9�'`�� C�L•1J�, A y! �!_ y. • •�yr �• �: a ' 16. �wzcil apFawal is re�uired for any paving expansion on the preni�es. Semnded tr� Coi.mcilman Fitzxatrick. Upon a voice vote, all voting aye, N�yor Nee c�clared the motion carried unanimously. �wzcilman Schneic�r thanked staff for their work in supplying all the background information. He also thanked the residents of the neic�borhood for their mmments. He stated Church on the Nbve tried to res�nd to the needs of the neighborhood and hoped everyone could work together. k� � • � Gi •.� • o� :. � � � • • . •u y�!4: • �, •,�,y • • � � i �� •,� • � •,� • • • � I • • • • • �• • o• 1_ • �� •��/ .. • � � � - — •.; •,� • a� � � � � • • �� i s '+� � « � �!, •,� • � � '+4.!_�_.1i �� u yi� 4 � • • � • � �,�y I I�� . � 1 �• •�� 1 • • ' 4 �� i� 4 - � ��i.. • : • I � I • �� ' I ' • ' � . " � •�li� I � � Mr. Robertson, Commtmity Develognent Director, stated staff conducted a stuc� on the ratio of Ferking versus s�uare footage at clinics in Fridley. He stated the FridlEy Plaza Qinic and Fridley Medical Clinic both have a ratio oP one Farking sta11 per 175 s3iare feet of floor area. He stated Dr. ' I�hl. is proposing to w�struct a clinic with 6,400 s�uare feet in addition to the existng clinic which contains 1,600 square feet. He stated this would be a Farking of ratio of one stall for e.�ery 205 s3uare feet of floor area. He stated if the new clinic was reduced from 8,000 to 7,500 s�uare feet, four additional Farking sFaoes tuuld �e added to increase the p3rking ratio of one stall for every 150 s�uare feet, Mr. Robertson stated in rEViewing the reqturements of neighhoring cities, most re3uire one Farking stall for every 150 square feet of floor area, havever, New Srighton requires one sFarn for every 200 s�uare feet. Dr. Dahl, the petitioner, felt there was a major difference between a medical clinic and chiropractic clinic, He stated he wntacted the Fridley Medical Qinic and was told they have approximately 20 medical cbctors with one nurse per doctor, six assistants and 20 or more clerical personnel. He stated the� have 50 or more staff personnel at any one time using their Farlung. He felt if this was taken into consideration, it changes the nunbers rather drastically. He stated the real issue comes down if the ratio should be 1 to 175 or 1 to 205. He stated he presently has a staff of six people and if this cbubles, it would be a�nazing. He stated if you take into �nsideration the staff, the 25 or 30 feet square foot difference appears to be very minimal. Dr. Dahl stated, in regard to staff's recommenchtion to reduce the building b� 500 feet, he didn't know how t�ris would affect the interior layout as he hasn't had time to rc�iew it. ' Co�cilman Barnette asked what the guarantee would be this would renain a chiro�actic clinic. -ia i��"'�, •1�. _ y�� • • z4�: �,• • :. � Dr. L�hl felt the Cxty has guarantees through the zoning and the �rking requirenents. He stated he felt there is more Farking than thzy will ever need and dich't think it would pose a problen. Coimcilman Schneider felt there should be sane modification to either reduc� the s�uare footage of the building or to have a commitment that if additional �arking is needed, the existing building would be removed to allaa for �arking, Mr. Qureshi, City Manager, felt because of the size of the p�rcel, the strictest interpretation of the ordinance should be eriforced which is a �arking ratio of one stall for every 150 square feet of floor area. He stated a suggestion made was to allow the developnent and if there is a parlung problan in the future, the existing building would be removed to Fx'wide �rking s�aoe. He stated the City has experienced problems with Farking at clinics and wanted to avoid these problens in the future. Dr. Dahl stated he has a problem in meeting requirments that are more stringer�t. than those apglied in other cases. N�yor Nee stated it mmes d�an to the fact that it has to be possible for Dr. Ik'�h7. to �ark all the vehicles on his property, He stated the problen arises because Dr. Ihhl wishes to keep the existing builchng and add another 6,400 s�uare foot txrild�.ng. � Dr. Ik�hl asked if ha muld construct the proposed building of 6,400 square feet and keep the e�.sting buildinq, if he agreed to remove the existing building if a parlung problen azose. Mr. Qureshi stated if there is a problen, at the City's discretion, Dr. Ikzhl would have to �wide �arkinq on the Y�asis of a ore �arking stall for every 150 s�uare feet of floor area, �imcilman Schneider questioned hav an aqreement could be enfotced if Dr. Dahl felt there was enough parking and the City did not feel it was suEficient. Mr. Herrick, City Attorney, stated there would have to be a written agreenent L� both Farties and made applicable to any future aaners of the property and reoorded. He stated if the City made a determination that there was a�arking problen and ordered the building to be removed and Dr. I�hl or his sucoessor refused, the question would have to go to the wurts and obtain a ludge's order to enforoe it. He stated he imagir�d the burden would be on the City to shav the meaning of the agreenent and facts that there was a�rking problen and the agreenent should be enforced. Dr. Ik�hl stated one of the stipulations was imprwenents were to be made to the existing structure to match the riew oonstruction. He stated if there is the Fntential that in the futuze this building may te zenwed, he questioned � if he had to make the imprwenents. Mt. Qureshi felt to make the developnent cohesive the exteriors of the -11- r � � 5. UOC��' _ � • � y� �: • •��+„�: :. 6uildings should be Yhe �ne. He felt another option is to reduoe the size of the new huilding in order to �swide additional Iarking. Councilman Schneider stated he believed the Council is trying to do everything to make this work for Dr. Dahl, as his proposal involves a rezoning and five varianoes to allav izao buildi.ngs on a single lot. He felt Dr. Ik�hl should suhnit a propo�al on haa he would meet the mde if there was a problen, Mr. Herrick suggested the staff and Dr. Dahl draft a document they both agree upon and sutanit it to his off�ce fox review before the Council aonsiders it. Dr. Dahl asked if there would be any allavanoes in the ratio of one parking stall for every 150 square feet of floor area, without an agreement. He questioned if the size of the new buildi.ng was reduced to meet a ratio of one stall for every 175 s�uare feet, if this would be acceptable. I�hyor Nee suggested he meet with staff as he felt some of the nunbers should be workable. rDTION b� Cotmcilman Schneider to table this iten in order to give Dr. Dahl time to preFare a propo�al, meet with City staff, and draft an agreanent to be reviEwed tr� the City Attorney and brought lx�ck to Council. Seconded by CAtmcilman Gooclspeed, Upon a voice vote, all voting aye, N�iyor Nee declared the motion carried unanimously. mNGmFgATrON OF �tE50Li�'�'ION TO APPROVE SIX CITIES WATERSHED MANAGEMENT OitGANIZATION PLAN: Cotmcilman Fitz�atrick stated he dic�'t agree with the proaess of sulanitting something for oumment. He felt when comments were invited and none are made, it is taken as appraval of c�tails that aren't being considered. He stated this is a process he doesn't quit'e trust and didn't know what would he acoompli:�ed k� adopting the resolution. CoLmcilman Barnette felt the last paragraph of the resolution gives the Cowzcil the right to review specific plans, wsts, and City �articixation. Mr. Flora, Public Work Director, stated the Watershed Management Organization has prepared the plan which o:�nsists of goals, philosophies, and policies for capital unprwsnents. He stated Fridley is identified with fine different projects and felt the resolution states that the Council withhol� ariy mmment until further information is received in regard to specific plans, oosts, and City Fartici�ation. Cotmcilman EYt2�atrick felt this resolution was an attempt to address his oonozrns, but would plaoe the Cotmcil in a difficult situation where they c�legate authority to anather boci� to ord�r in a project. Mayor Nee stated in the 7oint powers agreement for this Six Cita.es Watershed Orcpnization, the Coimcil probably already accepted a certain amount of risk. -12- �� y �i�4 _ � _. �_ � LY% � Mr. Flora stated the plan is sukmitted to various agencies for comment and then is fonrarded to the Water Resouroes Board which has the authority for apprwal. He stated once the Water Resouroes Board approves the plan, the plan is sutmitted kack to the cities to adopt ordinanes to make it work. He stated he dic3�'t ]mow what other agencies would oomment and dichz't know the imFect. He stated if the City states thc-y don't support the plan, he would assune the Water Resouroes Board woul�'t apprwe the plan. He stated only one has been apprwed so far so he dich't Imaa what comments or apprwal, or disapprwal, me3ns within the systen. Mr. Herrick, City Attorney, stated he thinks the purpose of having a watershed District is to prwide authority to the governing body of that district to deal with problsns that transcend municipal boundaries. He stated when the six cities involved agreed to organize and support this orc,enization, some authority was given up over decisions that are made for the land within this district. He stated this probably has both pluses and minuses, He stated on the plus side, there is a group that has aontrol wer areas which supply the water that eventually r�s throuc� the district. He stated on the minus side, the Council gave up some of the authority you would have had, if the district hadn't been organized. He stated the evential. decisiott is on the Water Resources Boarcl and was sure they would look at the plan and oomments. He felt the fact that sane organizations may have regative mmments cbesn't neaessarily mean the Water Resources Board would agree with those comments. He stated, at this stage, it is � oonoeivable some project may be ap�wed to whidi this Coimcil is opposed. Coimcilman Fita�atrick questioned the taxing or assessing authority. Mr. Herrick stated he hasn't looked at the Statute reaently, but his tmderstanding is the district has this authority. Coimcilman FitaFatrick asked if the City has the right to delegate this authority. Mr. Herrick stated the State Legislature authorized the er�ctment of the district. He stated he could supply the Council with a meno, after he researched it further. Mr. Flora stated the plan is specific in that it refers to p3rticular Exoblens in watershed districts. He felt Coimcilman FYtzpatrick's wnerns are addressed in that the plan states that none of the projects could be acmmplished in the City, without a joint pawers agreenem executen with the other �rties involved, with the excepkion of Oak Glen Creek which is located entirely in Fridley. He stated if this plan is not appraved, the Coimty would take wer this task and oome up with their aan plan. FDTION t� Coimcilman Barnette to adopt this resolution to approve the Six Cities Watershed Management Organization Plan. MAYOR NEE DECC.ARED THE rDTION FAII.ID E�R LACK OF A SE�ND. Mr. F7.ora stated the City has 60 days to comment and af ter this time, it proceeds to other agencies for review and comment. He stated all the ' revieas and commerits are forwarded to the Water Resources Board so the plan oo�inues to be processed at this time. -13- � � oo�� .. 1� i p. • •�lyr • � • . Coimcilman Barnette asked what mimnents were re�ived fran the other cities irn�olved. Mr. Flora stated Col�nnbia Heights didn't support two of the projects, Hilltop and Blaine apprwed the plan, Coon Rapids had no mmment, and Spring Lake Park was mnsic3ering it this evening and understands that, basically, they would apprwe it. Coimcil�n Goodspeed asked if it would be better to forward the plan with nec$tive aomonents. t�hyor Nee felt the �gative oomments would be the Council didn't want the problens mrrected and dich't feel it would be a true statenent. Councilman Schneider stated he dichi't think anyone disagreed with the problens to be resolved, but it is the process, and didn't want to go on re�rd apprwing it not ]mawing all the implications. Mr. Herrick stated the State Legislature has stated that m�miciFalities are not solving the surfaoe water Fxoblens and the watershed distncts would be established and have authority to solve the problens, xe felt if the Coimcil dich't have any mmments, the prooess would continue and, when the glan is reoeived L� the Water Resouroes Board, they will note the City had no mmmerit and prokxzbly would inter�set that to mean the Coimcil d�.dn't have ariy negative and/or positive oomments in texms of suggested amendnents. He felt if the Cotmcil had a problen with individual items, the� should wmment on then, as we11 as add any ather items the� felt should be included. 6. * ORDINANCE NJ. 870 APPRwING A VACATION RD��iIESP, SAV #86-�5. TO VACATE PART OF A STREET AND UTILITY EASEMENT LYING IN LOT 32. REVISED AUDITOR'S SUBDIVISION N0. 77 (71-1/2 WAY GC7�rDE-SAC) , BY NIF1I�i'IN NISLEY: NDTION b� Councilman Fitz�atrick to wai.ve the re�ding of Ordinance No. 870 and acbpt it on the second reading and order publication. Seconded by Cotmcilman Goodspeed. [I�on a voice vote, all voting aye, N�yor Nee declared the motion carried unanimously. 7. ORIIINANCE N0. 871 RECODIFYING THE FRIDLEY CIY CODE. CHAPTER 6, ENTITLED "CONIMT�STOBIS" BY AME6IDII� SECTIONS 6.01 AAID 6.03. BY DELETING SECTION 6.08 ADID RENOMBERING TIIE B7E}C`P CONSEC[Ti'I�IE NOMBER: NDTION h� Cotmcilman Schneider to waive the reading of Ordinanoe No. 871 and adopt it on the second reading and order publication. Seconded by Coimcilman Goodspeed. Upon a voioe vote, all voting aye, l�yor Nee declared the motion carried unanimously. Cotimcilman Schneider stated he talked with A1 Gabel of the Q��mmity - 14 - � * The following words were deleted at the December 8, 1986 Counc�l Meeting: Councilman F�tzpatrick felt, at this point, it is not known if there is a problem as there is so much detail involved in all the pro,7ects. 00��`"�_� • Jy yl / .11/?4l� � ' L�velopnent Cormnission and he hadn't been notified of this change. Mr. Qureshi, CYty Ni�nager, stated there was a draft letter submitted, but there were some changes reooimnenc�d. He stated this letter would be sent tanorraa to the Commtmity Developnent Commission menbers. NEW BUSINE55: __y � ��ul' 71U ' �I M �� 'I ' Y ul�l�� • ',1 ' NnTION by Councilman Barnette to receive the November 4, 1986 General IIection Statenent of Carroass. Sec�onc�d Lx Coimcilman F'itzFatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Coimcilman Schneider stated he imderstands there were some di.fficulties with the tabulation equipnent. He stated he would be willing to support what r�eds to be cbne to rectify this situation. Mayor Nee ra�uested staff to suUnit a report. � • � • • •_ � � � '�• • :�• •�� y • i �� ,� u "S [�DTION tr� Coimcilman Goodspeed to receive the report of the neighorhood ' meeting on Meadowlands �rk of Ncr�snber 10, 1986. Sewnded by Councilman FitaFetrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. i � t� � 4,! v ir � i • •� �� w � i . • � ��r � � �� yi4 • ,i � •y��: :. •� _ �� • • • _:�. • s� :. • � . « � a 1.�+� �4�y� ��y • � � ��u �• • � � • ;«,za�� a � • � � •.��1 a � i� �� • i _;_ui •, 1 •��•. �•, �� • � •.� �.0 Mr. Rol�ertson, Coimmmity Developnent Director, stated the petitioner had requested this same variance in 1985 and, at that time, because of an ob'jection k� a neic�bor, the varianoe was c�nied. He stated the persons who ob�ected have since moved and the petitioner's new neighbor favors the varianoe. Mr. Rabertson stated the r�uest is to reduoe the side yard setback from 5 to 3 feet to allaa the mnstruction of an attached garage. He stated the variance was oonsidered by the ApFeals Commission and resulted in a tie vote, Ae stated Mr. Betzold had some ooncerns regarding the hardship and re�uested guidanoe and clarification. ' Mr. RDbertson stated if the varianoe is apprwed, staff is recommending no openings in the west wall and that it must be a one-hour fire-rated wall. -15- • J�. � yi �y • ��i: �• • :. ��C�'`:"�5 � Councilman Goodspeed stated last year he made the motion to deny this varianoe on the basis of the neic�bor's objection. He felt two questions had to be addressed, one if the variance should be apprwed and, sewnd, the policy on havr to hancIle these r�uests in the future. Cotmcilman Goodspeed stated Mr. Froan's new neighbor would prefer to have the garage extended. He stated the Cowicil may also oonsider an ordinance this s�ing to Fxxohibit �rking on the streets in the winter. He stated with these two things in mind and, considering Mr. Barna's comments, he would mwe the follaaing: MOTION I� Coimcilman Gooc�peed to apFxove variance, VAR #8fi-29, to reduce the sic3e yard setlxick from 5 feet to 3 feet to allow construction of an attad�ed accessory huilding at 940 Pandora Drive N. E. ,� Donald Froan, with the stipulation that there be m openings in the west wall and it must be a one-hour fire-rated wall. Seo�nded L� Co�mcilman Barnette. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unammously. Nhyor Nee stated he can sym�athize with the issue raised k� Mr. Betzold and this should proLt�bly be discussed at a Conference Meeting. Mr. Herrick stated if he were to qwte the tests of the Supreme Court, 90� of the varianoes shoul�'t be granted and this prok�bly isn't imique to the City of Friclle�, He stated whether the Cotmcil wishes to try and set forth a formal policy on haw these are to be handled or oontinue on a case-by-case � k�sis, he dich't have a strong feeling. He stated he has taken the position if tl�e CA�cil and the neighbors are satisfied, and the Crnmcil is taking a practical ap�oadl, he dich't ob7ect. He stated the Council has to make certain findings and they, as the g�vermng boct�, are authorized to make the final c3ecision. It was the general oonoensus of the Cotmcil to rEViea this at the Conferenoe Meeting and discuss what tests may apply. Mr. Herrick stated there are proLt�bly some menos fran his office in file on this subject. �'-�i��.._:__ � � [;��. • a� y�i�I� � � � « i � ? a� •, u � ,� Mr. RDbertson, Commimity Develognent Director, stated this is a request for a varianae to reduce the side yard settxzck on the street side of a corner lot fran 25 to 20 feet to allaa construction of an attached garage. He stated the petitioner indicates he needs the variance to attach the new garage and keep it in line with the present builc3ing window and to avoid moving the present incoming power supply. Mr. Robertson stated the � petitior�er indicated if a detached gdrage were �nstructed, it would result in renwal of at least one large tree. He stated the addition would be 75 feet fran the neic�bor's house to the east. -16- OOC,��"9� • � ��+. • •��4�: �• � Mr, Robertson stated the Appeals Commission recommended approval of the variance by a 3 to 1 vote. He stated if this is approved by Council, staff's only reoom¢nenchtion is the driveway be har�urfaced. M�TION b� Colmcilman Fitzxatrick to wncur with the recommendation of the Ap�eals Commission and apprwe vaxiance, VAR #86-30, to reduce the side yaxd setback on a street side of a corner lot from 25 to 20 feet to allow construction of an attached garage at 6201 Riverview Terraoe N. E. , 1� George and Lillian Arnold, with the stipulation that the driveway be hardsurf aced. Seoonded tr� Councilman Barnette. Upon a voice vote, all voting aye, Mayor Nee declared the motion mrried unanimously. �� _ u • • • M�:•� • A�uiu_ --• y_ • �4r � •:. MOTION by Councilman Schneider to receive the minutes of the Charter Commission Meeting of Septenber 15, 1986. Seoonded l� Coimcilman Goodspeed. [JFon a voioe vote, all voting aye, Mayor Nee declared the motion carried unanimously. •� � •, • • � � • �• y�iu • r_ •��: • _��L�I7• • � :! ,�� a� • � M �i: MUTION by Councilman Schneider to receive the minutes of the Charter Commission Meeting of October 20, 1986. Seoonded 1� Councilman Goodspeed. Upon a voi� vote, all voting aye, Mayor Nee declared the motion carried � unanimously. Mr. Bill Htmt, Assistar�t. to the City l�inager, stated the Charter Commission is reoammending two rEVisions to the Charter. He stated one is requiring election judges to be registered voters and the other renwes a reference to a State Statute which has been �anged sinoe the Charter was enacted. Mr. Himt re3uested the Cowicil aonsider scheduling a public hearing f or Deoember 8, 1986 to oonsic�r these revisions. NDTION k� Coimcilman Schneider to set the public hearing on these proposed Charter revisions for December S, 1986. Semnded l� Councilman Goodspeed. ITFon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. � ��_ � -�� •� •�� , � • • • • •� �� • ...� a - Mr. Flora, Public Works Director, stated five bids were received for this project and the City's oonsultant, TR�., has re�imnended awarding the bid to the laa bidder, Western Waterixoofing, Inc. for a total bid, including the alternate, of $106,325. Mr. Flora stated it is also recommended that TKDA be retained for inspection services at an amoimt not to exceed $1,800. 1�DTION b� Councilman Schneider to receive the follaaing bids for the Re�ir � of Johnson Street 1.5 P�G Reserooir Pro7ect No. 161: -17- ' � ' � !�. vi • �1l�'ui ��+ . . • �. Western Waterproof ing, Inc. 2838 Stevens Ave., S. Minneapolis, NN 55408 Ken Christiansen Painting, Inc. 7525 4th St. N. E. Fricne�, NN 55432 Paragon Construction 2353 Yougnan Ave. St. Paul, NN 55116 War�ek Construction, Inc. P. O. Hox 2019 Fargo, No. I�kota 58107 Abde & Snoboc� P. 0. Box 251 Prior Lake, NN 55372 �� $103,325.00 $109,220.00 $115,000.00 $146,500.00 $191,205.OD ,�/1�f ;��.-n-� Vl ' � �. � $3,000.00 $7,500.00 $5,000.00 . : . I $5,DOO.OD Seo�nded Ys� Goimcilman Goodspeed. Ct�n a voice vote, all voting aye, Mayor Nee c�clared the motion carried unanimously. I�DTION t� Coimcilman Schneic�r to award the oontract for Pro7ect #161 to the low bidder, Western Waterproofing, Inc. for $103,325, including the alternate bid of $3,040, or a total bid of $106,325. Seoonded b� Coimcilman Barnette. [7Fon a voioe vote, all voting aye, Mayor Nee declared the motion carried unanimously. NDTION L� Coimcilman SChneider to authorize staff to aontract with TKDA f or inspection aeraioes for these repairs in an amount not to exceed $1,8Q0. Seoonded l� Cotmcilman Gooclspeed. Upon a voioe vote, all voting aye, Mayor Nee declared the motion carried unanimously. :� � • � � :. � •�: • �y �4 • u��_ - � ' � !-�• ;� �. . � �. ..• • � ,-�i��4i � i y • �'�i r��. _ �� • . , � '1 • _ � � y,i;_� NDTION b� Coimcilman Schneider to adopt Resnlution No. 11�1986 and set the public hearing for Deaemher 22, 1986, Seconded by Councilman Goodspeed. Upon a voioe vote, all voting aye, Mayor Nee declared the motion carried unanimously. •• � • � • • •� � k�•s��• � � i� •� -L - - Mr, Nelson, representing Onan Corporation, appeared bef ore the Council rec$rding their ra�uest for a house trailer permit for additional trailers 'm �a_)\a . _ 4� �. �_ �1�41C 01• QCD(.''.-�.-s ' on their site. He stated Onan put together a developnent plan for their site several years ago, haoever, the company has gone through four aanerships over the last six years, three of which occurred in the last two years. He stated this makes it difficult to put together e comprehensive lonq-range glan. Mr. Nelson stated the ma�or stockholder is Cumnins Engine Compariy and felt in a y�r thEy should have g�od visibility on haa the new organization is ftmctioning and, hopefully, come fonvard with a plan. NDTION by Co�mcilman Schnei�r to apprwe the house trailer permit for two 24 x 60 foot trailers on the Onan site with the stipulation that Onan work with staff to determine the apFropriate location of the Spruce trees for screening on 73rd Avenue. Further, this permit should be reviewed by Cotmcil in one year. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Nhyor Nee declared the motion carried unanimously. 16. (�,AIMS: [�DTION Y� Councilman Barnette to authorize p�yment of Claims No. 11262 through 11555. Seoonc3ed b� Coimcilman Goodspeed. Upon a voice vote, all voting aye, [+�yor Nee cl`clared the motion carried unanimously. 17. LICENSES• I�DTION LX Coimcilman Fitz�trick to apprwe the lioenses as sulmitted and as � on file itt the License Qerk's Offioe. Semnded by Councilman Schneider. IIpon a voioe vote, all voting aye, Mayor Nee declared the motion carried unanimously. 18. ESPIMATES: NDTION by Councilman Schneider to approve the follaaing estimates as sutrnitted: Herrick & Ncwman, P.A. 6401 University Ave. N. E. Fridle�, 1�fI 55432 For Sexvioes Rendered as City Attorney for the Month of October, 1986. . . . . . . . . . $ 2,353.00 D. H. Blattner & Sons 1400 Conoordia St. Paul, MV 55104 Moote Lake Restoration Pro�ect - i$ase II FINAL ESTINYITE . . . . . . . . . . . . . . . . . $ 26,763.07 Gimderson Brothers 2325 Shelling Ave. S. Minneapolis, NN 55404 � Miscellaneous Concrete•Curb & Gutter.-'1986 . . Estimate No. 6 . . $ 2,644.23 -19- ��,, _ u�� , �: a�• � Eugene A. Hickok & Assoc. 545 Indian Moimd Wayzata, M9 55391 Moore Lake Restoration Project - Fhase II Partial Estimate . . . . . . . . . . . . . . . . . $ 81.54 � � Park Construction Co. 7900 Beech Street N.E. FricIle�, hN 55432 Water & Sanitary Sewer Proj ect No. 162 Estimate No. 2 . . . . . . . . . . . . . . . . . $ 26,460.05 Short IIliott-Hendrickson 200 GoFher Bui.lding 222 East Little Canada Rd. St. Paul, NN 55117 Central Aven�/Hic�way 65 Redesic� I�rtial Estimate. . . . . . . . . . . . . . . . $ 5,942.62 Subterranean Engineering 6875 Hic�way 65 Fridle�, NN 55432 Lake �bisite Corporate Cemer 1�rtial Estimate . . . . . . . . . . . . . . . . $ 4,972.85 S�mde Engineering 9001 Bloanington F'reeway Bloanington, l�N 55420 Iake Fbi�e Corporate Cer�t.er. . . . . . . . . . . $ 14,748.28 Seoonded L� Coimcilman Goodspeed. �(3Ca"'°� Mr. Flora, Public Works Director, stated the final estimate for D.H. Blattner and Sons is for work on Nbore Lake. He stated what still needs to be cbne is to o�ntinue the water analysis and stocking of the lake by the De�artmerit of Natural Resources. [hnN A VOI� VOTE TAi�N (IQ �IE PBWE NDTION, all voted aye, and Mayor Nee c3eclared the motion carried unanimously. Y • • � • • •a� �• � • • � � �l,t.� � ,��, ��,� • • • � �• r• • a�� 1i�'_in_ . Mr. Robertson, Community Developnent Director, stated the Council on Novenber 4, 1985 granted a varianoe fran 80 to 120 s�uare feet of sign sFece for Pickwick Books and two other tenants. He stated the variance was specifically granted to Piclaaick Bookstore only. He stated Pickwick is no langer in business and the sFace occupied lx tYien is being leased to Payless Shces and the� wish to use this sicpz s�ace. -za- �OC.�'� � •.1., � 4� • •.�y�: • ' Mr. Norman Brody, ar�ner of the t;uilcling, stated he was the aaner at the time the variance was granted to Pickwick Bookstore. He stated due to circ�nnstanaes 6eyond his oontrol, A3ytorrHudson discontinued the Pickwick Bookstores and Payless Shoes is now interested in leasinq the space, contingent upon then using the �cirious Piclaaick sic� and re�inting it with their logo. He stated Payless Shoes would be taking over the term of the lease for occuF3ing the sFaoe for 15 years. He stated what he is requesting is suLstituting Payless for Pickwick on the signage, under the previous granted varianoe, and all other terms �uld ranain the same. � � Cotmcilman Goodspeed felt nothing really has changed and, therefore, it woulch't be neoessaxy for the Appzals Commission to review the varian�. NDTION tt� Coimcilman Gooc�peed to repeal that portion of the variance which indicated the varianc� applied only to Pickwick Bookstore and that this same varianoe be applicable to l�hyless Shoes, with the stipulation that the area of Payless sign footage renain the same, regardless of an increase in rental floor sFaoe. Seoonded b� Coimcilman Fitz�trick. Upon a voice vote, all voting aye. [�iyor Nee c�clared the motion carried unammously. � � � � � � �- �� • s. -yi� ' i i •,�3�__ ��1�, •• n � .��. �. •,a� r. � • [�DTION b� Coimcilman Barnette to acbpt Resolution No. 120-1986. Seoonded ty Coimcilman Schneider. Upon a voioe vote, all voting aye, Mayor Nee declared the motion �rried unard mously. 21. CONSIDERATION OF SETTING A PUBLIC HEARING FOR THE HIGHWAY 65 TURNSACK P1d�PERTY• NDTION LX Coimcilman Sdineider to set the public hearing on this item for December 8, 1986. Seoonded k_y Cotmcilman Barnette. [TFon a voice vote, all voting aye, Mayor Nee c�clared the motion carned unanimously. � � • � i i� NDTION by Councilman Barnette to adjourn the meeting. Seconded by Colmcilman Schneider. Upon a voice vote, all voting aye, Nayor Nee declared the motion �rried unanimously and the Regular Meeting of the Fridley City Coimcil of Novenber 17, 1986 adjourned at 10:50 p.m. Res�ctfully sutrnitted, � _ �, � � �� ,-,L�'"�C, Carole Hadc�d, Secretary to the GYty Coimcil Apprwed: -21- w�� William J. Nee Mayor