01/05/1987 - 0001130800 � �,'�"
' THE MIN[fPES OF Tf� RDGOLAR MEE�TII� OF Tf� FRIDLEY CITY COUNCIL OF JANUARY 5
1987:
'Lhe Regular Meeting of the FridLey City Co�.mcil was called to ocder at 7:30
p. m 1� Mayor Nee.
PLEDGE OF ALI,F]GIANCE•
N�yor Nee led the Cotmcil and audience in the Pledge of Allegiance to the
F1ag.
%�LL CALL:
MENBIItS PRESEl�7'P: Mayor Nee, Cotmcilman Barnette, O�imcilman
Schcieider, Cotmcilman FitzFatrick and
Coimcilman Gooclspeed
MEI�ERS ABSFNT: None
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� NDTION by Councilman Schneider to approve the minutes as presented,
Semnded b� Coimcilman Gooclspeed. II�n a voice vote, all voting aye, Mayor
Nee c�clared the motion carried unanimously.
PRESENPATION OF PIPAUE:
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Mayor Nee stated he tegretted that Bob Rarnette would be leaving the
Cotmcil. He stated Bob has been a good member and after you work
side-by-side, there is a certain camaraderie and you hate to see the
relationship resnlved. He stated the Council grows and evolves over the
ya�rs and each manber has, in their arn right, �een outstanding. He stated,
on the other hand, he looks forward to working with the new manber of the
Cotmcil.
Mayoc Nee pre�nted Mr. Barrmette a plaque which remcg-iized his serwices to
the City while serving as a menber of the City Co�cil.
Mr. Barnette stated it has been a honor to serve on the Council. He
oongratulated Ms. Jorgenson on her election ta the Cptmcil and stated it has
forced him to rec]�fine his mmplaoency in not doing much to be re-elected.
He stated the point is that people cb ootmt when it mmes to voting.
Mr. Barr�tte cited the hacd work of P7ayor Nee and the other Oaimcil members
� who serve the residents of Fridley. He stated the City Manager, N.r.
Qureshi, and his staff cb an extr�nely good 7ob in performing day-to-day
operations of the City.
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Mayor Nee e�stended his thanks and appreciation to Mr. Barnette for his hel p
and servioe to the City wer the �SSt nine years,
ADMINISTRATION OF OATH OF OFFICE TO ELECPID OFFICIALS:
WII.L]AM J. NEE, NPIYDR
NANCY J. J�tGINSQ�l, Q�UNQLWOMAN-AT-I�E
Mr. Herrick, City Attorney, adninistered the Oath of Office to newly elected
officials, Willian J. Nee and Nancy J. Jorgenson.
Co�mcilwanan Jorgensen thanked her f�nily for their support and her husband
for being her camFaic� manager, She extended thanks to all who helped in
her cam�aicyi and those who voted for her.
11DOPT14N OF AGEDIDA•
Mayor Nee requested the following item be added to the agenda: (15)
Consideration of a Resolution Authorizing a Joint Ibwers Agreanent for Storm
Water Detention within the Springbrook Nature Center.
NDTION b� Cnimcilman Schneider to acbpt the agen2a with the albve addition.
Seoonded k� O�imcilman Fitzpatrick. Upon a voice vote, a11 voting aye,
N�yor Nee declared the motion carried unammously.
OPEN F1�RUM, VISITORS:
7here was no response fran the audienoe imder this iten of business.
PUBLIC HEARINGS•
1. PUBLIC HEARII� ON A REZONII� RDJUEST ZOA #86-06 `i1� RE20NE FAOM C-3 GENERAL
SHOPPII� CENPER TO C-2 GENERAL BUSINESS ON THE SOUTH 300 FEET OF THE
NORTH 750 FEET OF Tf� NORTHFAS`P OUARTER OF THE NJRTHWEST OLg111PER EXCEPT THE
EAST 720 FEET THEREOF. ALL IN SECTION 12. T-30, R-24, ANOKA COUNTY.
MINNESOTA, S[]AJECP TO I3�AD EASEMENPS OF REC�ORD. GENERALLY IACATED SOUTH OF
9�QRNE I�AD APID EA.ST OF VIRON I20AD, BY JOHN NELSON:
NDTION l� Cotmcilman Schneidex to waive the reading of the public hearing
notice and open the public hearing. Seconded by Councilman FitzFatrick.
Upon a voioe vote, all voting aye, Mayor Nee declared the motion carried
unanimously and the public hearing opened at 7:50 p, m
Mr. Rabertson, Commimity 1)evelognent Director, stated this is a rEquest to
rezone property fran C-3 to C-2 generally located south of Ostorne Road and
east of Viron Roacl. He stated the petitioner is requesting the rezoning on
the advice o£ the City staff in order to allow fot all future platted
properties to be one cx�nsistent zoning. He statec3 it is usually the City's
policy that a glan be suYxnitted with the rezoning request, but since this
was a cbwn zoning and more af a housekeeping item, it was not felt a plan
was necessary at this time.
No pers�ns in the auclience spoke rec�rding this rropoeed rFZOning.
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� NDTION l� Coimcilman Schneider to close the public hearing. Seconded by
Councilman Fitzg�trick. Upon a voice vote, all voting aye, Mayor Nee
declared the motion carried unammously and the public hearing closed at
7:52 p.m.
2. PUBLIC HEARING ON A PRELIMII�,RY PLAT P 5 #86-07 A& R ADDITION BEING A
REPLAT OF 7AT 4. BI,OCK 1, A& R ADDITION. AND THE SOUTH 300 FEET OF THE
NORTH 750 FEET OF Tf� AARTHEAST O[lARTER OF THE NDI�PHWEST OiTARTER EXCEPT THE
EAST 720 FEET THEREOF ALL IN SECTION 12 �30 R-24 ANOK1� COUNTY
MINNE90TA SUBJ GT TO ROAD EASEI�NT OF RECORD TO AIJAW FOR THE DEVELOPMENT
OF FOUR SEPARATE PARCELS OF LAAID GENERALLY LOCATED SOUTH OF OSBORNE ROAD
ADID F1�S'P OF VIRON 1mAD, BX JOHN NELSON:
NDTION l� Co�mcilman Schneider to waive the reading of the public hearing
notioe and open the public hearing. Seconded by Councilman FitzFatrick.
iJFnn a voioe vote, all vating aye, Mayor Nee declared the motion carried
unanimously and the public hearing openea at 7:52 p.m
Mr. RAbertson, Commimity Develognent Director, stated this glat is to allow
for the develognent of four seFarate Farcels of land generally located south
of Osborne Road and east of Viron Road. He stated there are seven
stipulations associated with this plat, which he outlined.
� Mr. Herrick, City Attorney, stated in reyard to the street easements,
whcever aaned the original 40 acres, deeded o£f orie �roel starting fran the
northeast mrrier and another �roel starting fran the narthwest o�rner wh�.ch
left footage between the two �roels that was never deeded. He stated the
stipulation for these easements would correct the situation.
Mr. George Bestrom, representing the petitioner, Mr. Nelson, stated he
cltich't have a problen with the stipulations, He stated, however, he would
like to r�uest the Fsrk fee be prorated an8 Faid with each build�.ng permit.
Mr. Bestran stated the� are requesting platting into three lots along Viron
Road and the fourth lot would be to the east. He stated Mr. I�ve fIarris is
the aaner of Lot 4 and owns Lot 3 of A& R First Addition. He stated they
are proposing to replat the Seo�nd Addition into Lots 1, 2, 3 and 4. He
stated the develognent glan involves selling off Lots 1, 2 and 3, probably
to individual builders. He stated plans are to construct a Rocky P,ococo
restaurant on Lot 1, but nothing specific is planned, at this time, for Lots
2, 3 an d 4.
th�yor t3ee asked if there would be s�me oohesiveness in the d�velopnent. Mr.
Bestran stated the Farticular olrjective of uses was not addressed, but there
would be oonsister�t lanc�caping and lighting.
Mr. Robertson stated there was also discussion about �roviding a common
dtiveaay, if there were to te mmFatible types of t�usinesses, to eliminate
� some turning mwenents on Viron Road. He stated the Planning Conunission dtd
not make this a requir�nent, as it is not known to what extent the
businesses would be mmFatible.
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Co�mcilman Schneickr asked if all lighting within the develognent has to
oonform to aertain standards or just the lic�ting along the frontage road.
Mr. Fobertson stated the standarc� for lic�ting irmolve only those along the
frontage r�d, but that individual Farking and building lighting are to be
oomXatible with the curbsic-! lighting or the architectural ci�aracter
No other persons in the audienoe spoke rec,arding this proFosed plat.
NDTION Ix Coimcalman Schneider to close the public hearing. Seconded by
Councilman Fitz�trick. Upon a voice vote, all voting aye, Mayor Nee
declared the motion carried unanimously and the public hearing closec� at
B:OS p.m
3. Pi7BLIC HEARING ON A PRELIMINARY PLAT P S #85-06 VALLEY OAKS BEING A
REPLAT OF PAIdS OF TAT 21 ADID 22 AfID THE EAST 600 FEEP OF THE SOUPH 200 FEET
Ok' Tf� ADftPH 882 5 FEET OF TI3E NORTHWEST OUARTER OF THE NORTHEA.ST O[JARTER OF
SECTION 24 T-30 R-24 ALL IOCATID IN ANOKA COUNTY MINNESOTA GENERALLY
L(X'ATID SO[fi'H OF HILLCREST DRIVE AND NORTH OF GARDENA AVENUE. BY CHARLES
COOK:
M�TION lx Cotmcilman Schneider 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 opered at 8:05 p,m.
Mr. l�bertson, Commtmity Develognent Director, stated he received a call
this afternoon fran Mr. Cook that he would be c�layed for this meeting and
should arrive about 8:30.
1�DTION tX Councilman Schneider to table this item to 8:35 p.m Seconded by
Cotmcilman Goodspeed. OFnn a voice vote, all voting aye, N�iyor Nee declared
the motion carried unanimously.
4. PUBLIC HEAR�I� ON VACATION REOUEST, SAV #86-06. TO VACATE EASEMENTS FOR
PUBLIC UPILITIES ON TI� 90UTH 5 FEET OF L�C7YP 22, BLOCR 3. MOORE LAKE HILLS
ADID Tf� EAST 10 FEEr OF LCYi' 21. B7AQC 3. MOORE I1�ECE HILLS. GENER?1�I,Y LOCATED
SOUPH OF HILI,CREST DRIVE ADID NORTfi OF GARDENA AVENUE BY Q3ARL�ES C\�OK•
21iis iten will be aonsidered after the hearir.g on the preliminaxy plat, P.S.
#86-06, which was tahled to 8:35 p.m
OLD BUSINESS•
QRDINANCE NO 873 AMENDING SECTIONS 4 05 AND 12 08 OF THE FRIDLEY CITY
CEIAI�CER:
MOTION by Councilman Schneider to waive the secon8 reading and adopt
Ordir�nce No. 873 on the semnd r�ding and ord�r publication. Seconded by
� Councilman Fitz�trick. Upon a voice vote, all voting aye, Mayor Nee
declared the mation carried unanimously.
NEW BUSINESS•
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' 6. �NSIDERATION OF CITY COUNCIL APR�INPMEI�7PS TO DIFFERENP AGENCIES•
AND
RECEIVII�_LIST OF COMMISSION A'�ERS WHOSE TERMS EXPIRE APRIL 1. �987:
AD1D
CONSIDERATION OF A RESOLUPION DESIGNATII� DIRECiI�R AAID ALTERNATE DIRECIOR �
SUBURBAN RATE AUPHORiTY•
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NDTION IX Cotmcilman Schneider to appoint Coimcilman Goodspeed as D7ayor Fro
T�n for 1987. Seoonded L� Coimcilwcman Jorgenson. Upon a voice vote, all
voting aye, N�yor Nee declared the motion caxried unanimously.
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M7TION by Councilman Gaodspeed to appoint Councilman Schneider as
Representative to the Anoka County Law Enforcement Council £or 1587.
Seoonded l� Qxmcilman Fitz�trick. Upon a voice vote, all voting aye,
Mayor Nee declared the motion carried unanimously.
I�TION by Councilman Goodspeed to appoint Councilwoman Jorgenson as
Alternate to the Anoka CAtmty Iaw Ehforoement Coimcil for 1987. Semnded tr�
Co�mcilman Schneider. Upon a voice vote, a7.1 voting aye, Mayor Nee declared
� the motion caxried unanimously.
SUBURBAN RATE AUTHORITY:
t�DTION t� CAimcilman Schneider to appoint John Flota, Public Works Director,
as Represer�t.ative to the Suburinn Rate Authority for 1987. Seconded hy
Coimcilman Gooclspeed. Upon a voioe vote, all voting aye, [�iyor Nee declared
the motion �arried unanimously.
NDTION b� Coimcilman Fitapatrick to table the appointment of an Alterrate to
the SuburL�n Rate Authority. Seconded by Councilman Schneider. Upon a
voice vote, all voting aye, Mayor Nee cleclared the motion carried
unanimously.
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NDTION l� Co�cilman Schneider to appoint Sohn E'lora, public Works Birector,
as Representative to the North Suburban Sewer Service Board for 1987.
Semnded b� Cowicilman Gooclspeed. UFon a voioe vote, all voting aye, Mayor
Nee declared the motion carried unantmously.
Mr. Flora stated this Board has not met on a regular basis recently,
therefore, the Coimcil did not feel it neoessary to appoint an alternate.
AS90CIATIQN OF METROPOLITAN M[JNICIPALITIES:
, N17TION by Councilman Schneider to appoint Councilman Fitz�trick as
Representative to the Association of Metro�rolitan Municipalities for 1987.
Semnded L� 6�imcilman Goodspeed. Upon a voioe vate, all voting aye, Mayor
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COUNCIL MEETIl� OF JANUI�,.RSt 5 7987
1 Nee c�clared the motion carried unanimously.
[�TION by Councilman Fitz�trick to appoint Councilwoman Jorgenson as
Alternate to the Association of Metropolitan Municipalities for 1987.
Semnded b� Coimcilman Schneider, Upon a voioe vote, all vating ay e, Mayor
Nee declared the motion carried unanimously.
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N�TION by Councilman Fitzpatrick to appoint Councilman Goodspeed as
Representatiae to School District #14 Cbirammity School Advisory Council for
1987. Seounded L� Coimcilman Schneider. Upon a voice vote, all voting aye,
Nl�yor Nee declared the motion carried unanimously.
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M�TION by Councilman Fitz�trick to appoint Councilwoman Jorgenson as
Representative to School Distirict #13 for 1987. Secondeci by Councilman
Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion
carried unanimously.
Cotmcilman FitzFatrick stated he would like the opportunity to serve as an
alternate representative for School District #]3.
, NDTION b� Councilman Schneider to appoint Councilman Fitz�trick as an
Alternate Representative to School District #13 for 1987. Seconded by
Cotmcilman Gooclspeed. Upan a voice vote, all voting aye, Nayor Nee declared
the motion carried unanimously.
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M7TION by Councilman Goodspeed to appoint Councilman Schneider as
Representative to School District #16 for 1987. Seconded by Councilwoman
Sorgenson. Upon a voice vote, all voting aye, N�yor Nee declared the motion
carried unanimously.
LEAGUE OF NLNNESOTA MC�ICIPALITrES:
MDTION by Councilman Schneider to appoint Councilman Fitz patrick as
Representative to the League of Minnesota Nunicipalities for 1987. Seoonc� d
L� Coimcilman Goodspeed. Upon a voice vote, all voting aye, Mayor Nee
declaced the motion c�rrried unanimously.
[•DTION Yt� Coimcilman Gooclspeed to appoint Colmcilman Schneider as Alternate
to the League of Minnesota MuniciFalities for 1987. Sewnded Yy Councilman
FYtzFatrick. Upon a voice vote, all voting aye, Mayor Nee declared the
motion carried unanimously.
� PARRS & RECREATION CO�M7ISSION:
NDTION b� Coimcilman Schneider to reappoint John Gargaro to the Parks &
Recreation Commission for a three year term ending April 1, 1990. Sewnded
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COUNCIL MEETING OF JANUARY 5, 1987
� 1� Cotmcilman Goodspeed, Upon a aoice vote, a11 voting aye, Mayor Nee
declared the motion carried unanimously.
APPEALS �MMISSION:
NDTION b� Councilman Schneider to reappoint Don Betzold to the Appeals
Commission for a three year term ending April 1, 1990. Seconded by
Councilman Fitz�trick, CTpon a voice vote, all voting aye, Mayor Nee
declared the motion carried unanimously.
NDTION b� Councilman Goodspeed to reappoint Kenneth Vos to the Appeals
Commission Por a three year term ending April 1, 1990. Seconde d by
Councilman Fitz�trick. Upon a voice vote, all voting aye, Mayor Nee
declared the motion carried unanimously.
ENVIRDNMENPAL OUALITY �NAIISSION:
MOTION by Councilman Goodspeed to reappoint VJayne Wellan to the
Fhvirornnental Quality ('.ommission for a three year term ending April 1, 1990.
Semnded L� Cotmcilman Schreider. Upon a voice vote, all voting ape, Mayor
Nee declared the motion carried unanimously.
NDTION b� Coimcilman Schneider to table ap�rointment to the vacancy on the
' Envirornnental Quality Commission for the term expiring April 1, 1989.
Seoonded I� Coimcilman Fitz�trick. Upon a voice vote, all voting aye,
Mayor Nee c� alared the motion carried unanimously.
ENElaGY a0tM7ISSION:
NDTION h� Councilman Schr�ider to table tY�e two a�intments to the Energy
Cottunission for terms expiring April 1, 1988 and April 1, 1990. Seconded by
Councilman Fitzg�trick. Upon a voice vote, all voting aye, Niayor Nee
c� clared the motion carriad unanimously.
HUMAN RESOURCES COMMISSION:
NIOTION by Councilman Schneider to reappoint Susan Sherek to the fIwnan
Resouroes Commission for a three year term ending April 1, 1990. Seconcied
]x Cotmcilman FitzFatrick. Upon a voice vote, all voting aye, Mayor Nee
declared the motion carried unanimously.
NDTION tX �imcilman FYtzFattick to table the othet two agpoir�ments to the
H�nan Resouroes Commission for terms expiring April 1, 1989 and Agril 1,
1990. Semnded 1� Cbimcilman 5chneider. Upon a voioe vote, all voting aye,
Mayor Nee declared the motion carned unanimously.
CABLE TELEVISION COMMSSSION:
' I�DTION ty Cotmcilman Sd�neider to reapppoint Ralph Stouffer to the Cable
Tele✓ision Commission for a three year term ending April 1, 1990. Seconded
1� Cotmcilmaa Goodspeed. Upon a voice vote, all voting aye, Mayor Nee
declared the motion carried unanimously.
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M�TION by Councilman Goodspeed to reappoint Burt Weaver tc the Cable
�lcvision Commission for a three year term ending April 1, 1990. Seconded
Ix Cotmcilman Schneider. Upon a voice vote, a11 voting aye, Mayor Nee
declared the motion carried unanimously.
HOUSII� ADID REDEVEIAPMENP AUPHORITY:
NDTION b� Cotmcilman FitzKatrick to table this appointment to the HRA for
the term ending Jtme 9, 1992. Seconded by Councilman Goodspeed. Upon a
voice vote, all voting aye, Mayor Nee declared the motion carried
unanimously.
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FDTION 6y Councilman Goodspeed to reappoint Tim Breider to the Police
Commission for a three yeat term ending April 1, 1990. Seconded by
Councilman Fitzgatrick. Upon a voice vote, all voting aye, Mayor Nee
declared the motion carried unanimously.
RESOLUPION NJ 1-1987 DESIGNATII� Tf3E OFFICIAL DEFOSITORIES F0R THE CITY OF
FRIDLEY•
Mr. Prib31, Fimnce Director, stated this resolution desic�nates the Fridley
State Bank as the official depository for the City and authorizes three
official sicg�atures for the City.
NDTION LX Coimcilman Schneider to acbpt Resolution No. 1-1987. Seconded by
Councilman Fitz�atrick. Upon a voice vote, all voting aye, Mayor Nee
declared the motion carried unanimously.
RESOLUPION ND 2-1987 DESIGNATING AN OFFTCTAL NEWSPAPER FOR THE vF'AR 1987•
Mr. PriLxl, Finance Director, stated this resolution c�signates the Fridley
Ebcus as the primary official news�aper and the Minneapolis Star and Tnbune
as the City's semnd official r�ews�aper.
NDTION b� Coimcilman Fi.tz�atrick to a�pt Resolution No. 2-1987, Seconded
l� Cotmcilman Schneider. Upon a voice vote, all voting aye, NSayor Nee
declared the motion carried unanimously.
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I�DTION ty Coimcilman Goodspeed to acb�:t Resolution No. 3-1987. Seconded by
Councilman Fitz�trick. Dpon a voice vote, all voting aye, Mayor Nee
declared the mation carried unanimously.
1�. �ONSIDERATIOH QF AN AGREEMENT WITH THE MINNESOTA ➢EPARTMENT OF
TRANSPORTATION REX'�ARDIIS FEDERAL URBAN AID:
Mr. Flora, Public Works Director, stated this agreenent authorizes the
Minnesota DeFartment of Transportation to represent the City in obtaining
Federal Urban Aid Fluicis. He stated the City currently does not have any
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' pro7ects where these fimds would be used, haaever, staff is working with the
Coimty to see if some of these fLmds may be used for future pro�ects.
NDTION IX Cotmcilman FitzFatrick to aukhorize the City to enter into this
agreenent with the Minnesota De�artment of Transportation regarding Federal
UrLt�n Aid. Semnded Ix Coimcilman Goodspeed. Upon a voice vote, all voting
aye, Mayor Nee c�clared the motion carrled unanimously.
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[�DTION lx Coimcilman Schneick�r to acioFt Resolution No. 4-1987. Seconded by
Cotmcilman Goo�peed Upon a voioe vote, �11 votinq aye, Nhyor Nee ckclared
the motion carried unanimously.
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Mr, Robertson, Cbmmimity Ik�velopnent Director, stated this resolution would
authorize the City to apply fot a$15,000 grant through the Minnesota
De�artment of E`nerc�y and Eoonomic Developnent. He stated this is the semnd
grant cycle for fiscal year 1986 and an additional grarit of $30,000 would be
ava�.lable in fis�al year 1987 and another $15,000 in fiscal year 1988.
� Mr, Rabertson stated if the City is awarded this qrant, a plan will be
developed to inspect remal property to cktermine if it compl ies with the
energy wde. He stated a portion of the funding would be used in
publicizing and fimding the curhsic� recycling program and any additional
funds would l�e used to create educational energy information for all
resideritial clistricts.
NDTION 1� Coimcilman Schneider to acbpt Resolution No. 5-1987. Seconded by
Cotmcilman Gooc�peed. Upon a voice vate, all voting aye, Mayor Nee c�clared
the motion carried unanimously.
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NDTION Ix Co�mcilman Schneider to renave this item fran the table. Se�nded
1� Coimcilman Fitz�atrick. I7Fon a voice vote, all voting aye, Mayor Nee
declared the motion carried unanimously and the public hearing began at 9:55
p. m
Mr, Robertson, Commimity Develognent Director, stated this glat involves
3.25 acres of property located south of Moore Lake Hills and north of
' Garder� Avenue. He stated the plat includes seven lots centered around a
proposed cul-de-sac. He stated the drainage plan did not provide an
overflaa pipe and there is no storm sewer in the area. He stated staff has
worked with Suburban Engineering and reached the wnclusion that the
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COUNCIL MEEPII� OF JANUAAY 5, 1987
� drainage plan was adequate for the plat itself, haaever, it di.d not mitigate
the adverse effects it wuld everitually have on the surroimding properties.
He stated staff, therefore, has remmnencied an overflaa pipe be installed
fran Hillcrest, west to Gardena Lane to the existing storm sewer systan.
Mr. Flora, Public Works Director, stated there is a laa area on the Gardena
School �operty which secves as a ponding area and this developnent calls
for another pond to be oonstructed to serve this plat that would drain into
the existing pond. He stated, even though this is where the water has
always drained it is Froposed to install an overflaa pipe to oonnect to the
existing storm systen. He stated this is to insure that any water that
drains into the lav area would not flood the back yards of the existing
hcmes. He stated it has been proposed to the developer that the
mnstruction of the werflaa pipe be �mpleted in conjunction with this
developnertt at an estimated cost of $33,000. He stated there was quite a
bit of boulc�ard and green area adjaoer�t. to the road where the pi.pe aould be
plaoed without tearing up the street.
Co�mcilman Schneider asked if staff was sata.sified that the overflow pipe
woulch't have any adverse affects on exisiting properties, which Mr. Flore
an�aered in the afficmative. Mr. Flora stated the water drains to the pond
and l� praviding an outlet, it would be able to flow out rather than 7ust
oollecting in the ponding area.
� Councilman Schneider stated he felt eventually there would be further
clyvelognertt on the Gardena School �aoperiy and thEy would be a contributor
to the drainage. He thought perhaps there may be a sharing in the cost for
this piping.
Mr. Robertson stated in addition to the drainage, another question raised
was wncern about the wildlife habitat in this area. He stated staff
mnducted an inspection of this property, along with Mr. St. Clair, the
naturalist, t�. Itnutson, DeFartnent of t3atural Resources, and Connie Modig,
resident of the area, He stated Mr. Knutson agreed there would be
deterioration of habitat with the c'�velopnent and discussed ways to mitigate
the problen. He stated what was �oposed was the wetland area, which is the
lawest Fart of Lots 4 and 5, be used for a wildlife reserve of approximately
18,832 s�aare feet. He stated, in addition, the 20 foot building setla�ck on
the north 1ot lirie of Lot 5, which tl�e c�veloper has agreed to would also
help preserve the slope and trees. He stated it would 6e necessary to file
a deed restriction on Lots 4 and 5, if the Council is in agreement to
preserve this wildLife habitat.
Mr, Pobertson stated the Planning Commission recommended approval of this
plat with 11 stigulations which he outlined. He stated in regard to
stipulation #5, this should include any necessary easements in order to
install the snitary sewer lift station.
' Coimcilman Schneider asked Mr. Cook, the petitioner, if it was his intention
to leave the 20 foot setlx�ck in a r�tural state. Mr. O�ok stated he intends
to c�velop the site and sell the hanesites to mntractors. He stated it is
in his k�est iriterests to preserve trees because they oontribute to the val�
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� of the lots. Mr. Oook stated in regard to the wildlife and natural area,
there was discussion about leaving the west 75 to 100 feet of the site in a
natural state. He stated after viewing the site, he decided it wasn't a
good plan as this is currently used for a dumping site. He stated, in
addition, the surrotmding lots have all been cleared and in a clean state.
He stated he is in agreement in leaving the wet low area in its cuxrent
staY_e.
Ms. Connie Modig, 1330 Hillcrest Drive, stated staff and the Planning
Comunission has tried to 000perate in preserving the wildlife area. She
stated Mr, Rabinson of the City staff oontacted her regarding leaving part
of Lot 5 as natural as possible. She stated she was advised it wasn't
r�sonable to expect the owner of this 7.ot to leave it in a natural state
when surrotmding lots are all mwrec3 and lar.c3seaped. She stated the ic�a was
to leave a poxtion of the lot in a natural state for wildlife habitat. She
stated she heard the comment that a lot of rubbish was found, but this
hasn't been her e�erienoe, she felt she woulc] like to keep the loss of the
wilcIlife habitat to a minimun,
Mr. Mike Roith, 1314 Hillcrest Drive, asked if staff felt the werflow pipe
would handle the drainage frcm the seven lots. He was also concerned with
future drainage problans, if the Gardena School property develo�s,
' Mr. Flora stated arr3 futuxe plans for developnent in this area would reqw re
that water cannot leave a site, after develognent, at a greater rate or less
quality than before developnerit.
Cotmcilman Schneider stated at the Planning Commission meeting there was
discussion b� Mr. O�ok's engineers rec�rdinq the drainage and the proposal
was that the two ponding areas were sufficient among thenselves without any
pipe. He stated the City's position was it was very boroerline, but the
pipe should Ue re3uired. He questioned if the pipe would be s�ficient for
any futuxe developnen� on Garden�.
Mr. F`lora stated the size of the pipe proposed is 12 inches which is quite
suYstaritial to drain the water.
Mr. Roith stated his other mnoern is the cost and who would pay for the
piping. He stated he woulch't be benefiting if more water comes onto his
lot,
Cota7cilman Schneider stated it is his view that none of the residents on
Hillcrest Drive should have to pay for the piping. He stated the cost
should prota3bly be split between Mr. Cbok and whoever would further develop
the Gardena School Fsoperty.
Mr. Tom Nhnning, 1315 Hillcrest Drive, stated if there are drainage �roblens
in the future, who would bear the mst for any unpravenents.
� Mr. Herrick, City Attorney, stated this Coimcil can't bind a future Coimcil
as to what thEy mic�t decide. He stated thexe is a State statute which
provides that assessments for improvenents can be made to benefiting
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� properties. He stated a Council could determine, at any time, that
additional. im�xwenerrts are recessary, but propertLes must benefit in order
to be assessed, He stated he felt the Coimcil would be on sotmd footing to
di�approve a c�velognent, tmless the c3rainage problen is resolved.
Mr. I+lanning stated the residents have to hope the staff is mrrect anc3 that
this systan will work 6ecause m one Imows what muld happen in the future.
Coimcilman Schneider stated, b�sically, that 1s true, but this applies for
all properiy throu�out the City.
Mr. Bailey Tiller, 1535 Gardena Avenue, felt the wilderness and wildlife
habitat should be preserved. He also voioed wnoern that the� would take an
easement fran kum.
N�yor Nee asked Mr. Tiller haa his property is involved with this plat, Mr.
Tiller stated with all the additional traffic, the City would want to take
Fart of his property to widen the road
Mr. Qureshi, City Manager, stated access to this plat would be from 60th
Avenue and 60th Avenue is acoessed b� Benjanin Street and Oalaaood Manor. He
stated both of these streets have been imprwed for 15 to 20 years.
Coimcilman Schneider asked if there was any progo�l to widen Oakwoou Manor.
� Mr. Qureshi stated there alzsolutely were no plans to widen this street.
Mr. �ller suggested the City buy these five acres so it could r�nain as a
wilcIlife area.
Ms. Modig stated she dich't want to c�prive anyone fran making a living, but
hated to see that area develop and lo:�e the wildlife habitat, She stated
she felt Fart of the property should be desic�ated as a rr�tural area.
Mr. Cbok stated he would give 30 to 40 feet atound the perimeter of Lot 5,
if the awners of the other lots gave the same. He stated if this matter is
going to hold up the glat, he felt the Cotmcil m�nbers should walk the site
and was sure they would arrive at an �manimous decision.
Mayor Nee stated he has a oonoern if Mr. Cook is unwilling to accept the
costs for water management.
Mx. �ok stated he cbes have a problen with stipulation #2 xelating to the
developer Faying assessnents for all public improvenents necessitated 1� the
plat. He presented a map shaaing his plat and surrounding areas that
enaomFass the eritire drainage L�sin. He stated his plat wnstitutes about
148 of the total drainage k�sin and would like to �ay only 14� of the �sts.
He stated fran oomments this evening, it looks like he will have to share in
the drainage costs with the avners of the Gardena School property. He
stated his enqineers have advised him the Gardena School property has more
� rtm-off than what his developnent would create and if msts are spl it, they
should be on a proportionate arrangement lased on �quare footage or amount
of water oontributed.
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CO mx'TL ME�'►''r OF AN[g1RY 5 87
� Mr. Herrick felt if there is going to be developnent both on Mr. Cook's
property and the Garc�na School property, it may be best to meet with the
individuals aoncerned to try and oome up with an equitable solution.
No othex persons in the audience spoke xecprd�.ng this groFosed plat,
hDTION tH Coimcilman Schneider to close the public hearing. Seconded by
Counilman Fitzpatrick. Upon a voice vate, all voting aye, Mayor Nee
declared the motion carried unanimously and the public hearing closed at
1D:15 p.m..
4. PUBLIC HEARING ON VACATION REOUEST. SAV #86-06. TO VACATE EASEMENTS FOR
PUBLIC UPILITIES ON Tf� SOUTfi 5 FEET OF 7�(YI' 22 �LOCK 3 MOORE LAKE HILLS
ADID THE EASr 10 F'EET OF LUT 21, BL�OQt 3, MUORE LAKE HIISS, GEI�IERALLY Ii0('ATEa
SOUrH OF HII,L�CREST DRIVE P,AID N7RTIi OF GARDENA AVENUE. BY Q3ARLES OOOK:
NDTION b� �tmcilman Schneif�r to waive the reading of the public hearing
noti� and open the public hearing. Semnded }x Coimcilman Gooclspeed. Upon
a voice vote, all voting aye, Mayor Nee declared the motion carried
unarumously and the public hearing opened at 10:16 p.m
Mr. R�bertson, Cotmntmity Developnent Director, stated in con7unction with
Mr. Cook's plat, he �oposes to vacste the utility easements on the south
� five feet of Lot 22, Block 3, Nboxe Lake Hills and the east ten feet of Lot
21, Block 3, Moore Lake Hills. He stated the utility companies were
notified of this Fxoposed vacation request and Northern States Power does
have a power pole in the area, but the developer plans to place electric
servioe imdergroimd. He stated the only stip�alation regarcU.nq this vacation
was that a plan he prwided for private utility servioes.
No persons in the audienoe spoke regardi.ng this proposed vacation request.
NDTION Lg Coimcilman Schneider to close the public hearing. Seconded by
Coimcilman Goocispeed. Upon a voioe vote, all voting aye, M�yor Pdee c�clared
the motion carried unanimously and the public h�ring clo�d at 10:18 p.m
13. �.IMSz
[rDTION b� Cotmcilman Schneider to authorize psyment of Claims No. 12215
throuc� 12347. Semnded 1� Coimcilman Goodspeed. Upon a voice vote, all
voting aye, P'�yor Nee ckclazed the motion carried unanimously.
14. LICENSES:
NDTION 1� Co�mcilman Goodspeed to approve the lioenses as sutanitted and as
on file in the Lioense Qerk's Office. Semnded by Councilman Schneider.
iJFnn a voioe vote, all voting aye, Mayor P1ee declared the motion carried
unanimously. .
' 15. RESOLL1fI0N NJ. 6-1987 AUI'IiORIZII� A JOINf POWERS AGREEMENT FOR STORM WATER
DE`PENPION WlTHIN Tf� SPRII�BROOK NATURE CENPER:
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COUNCIL ►�F'�ETING OF JA�mRY 5. 1987
� Mr. Flora, Public Works Director, stated staff is working with the City of
Coon Rapic� and through the Six Cities Watershed Management Organzation to
prwide an amenity for wild life habitat and deal with the storm water in
Sprin9brook Nature Center. He stated this is one of the pro7ects identified
in the Six Cities Watershecl Management Plan as a possible pro�ect in the
future.
Mr. E'iora stated in working with the Nature Center group, a total of five
ponding areas were �oposed. He stated there would 6e initial ponding in
the northwest o�rner which is the entrance of Springbrook Creek. He stated
this Fond is outlined as a detention pond to oollect the sediments that
drain fran Coon Ragids and water would then flaa into a poncU.ng area in the
middle of the Fark. He stated the seoond pond woul.d have a dike system to
wntrol the water lEVel and then flaa into the third pond, a deep area for
fish and an amenity area for the wallaaay system and this would then drain
into a fourth pond.
Mr. Flora stated to pravide for the �nfluence of Stonybrook Creek and the
ditcii systan fran the east, another sedimentation pond is proposed on the
south end of the Nature Center. He stated water would flow through the
e�sisting culverts under the railroad tracks, with controls provided to
maintain the ponds at desired elevations, and desic�rted for a 100 year storm.
� Mr. F'lora stated in discussions with the City of d�on Rapicis, they appear to
be agrePable to the plan, He stated a re�lution has been �avided for the
Co�mcil's mnsideration which would allaa Fric7lep and Coon Rapids to preXare
a joint powers agreenent in order to ewecute this �nstruction work.
Co�cilman FYtzFatrick asked what xeai�a this has had with the Nature Center
Board. Mr. Flora stated the Board was presented the plan in detail on
De�nber 31 and thEy made a motion in support of it. He stated they had
several items of concern; that the City's Naturalist continues tc be
irnrolved; site intcusion be carefully planned and monitoxed; a plan and
budget be established by the Six Cities Watershed District for �ond
siltation and control structures in the future; and natural areas disturbed
during construction or future maintenance be restored to original
vegetation, all of which axe incorporated in the propc�sed p1an,
Co�mcilman FitzFetrick asked about the oost sharing arrangement. Mr. Flora
stated it is hoped this can be worked out in the joint powers agreenent. He
stated, currently, wnstruction is estimated to be less than $90�,000 and
about 33 acres would be devoted to ponds. He stated the City would be
prwiding about $1,5DD,000 in land costs and Coon Rapi� would be providing
about $1,000,000 for the construction. He stated the details, haaever,
would need to be worked out in the agreement. He stated if the Council
aci�pts the resolution he would reoommend one change in the last FaragraFh to
read as follaas: "That the maintenance of the detention pond will be
ac�mplished between the two cittes kr� a proportionate share of the aosts."
� Coimcilman Fitz�atrick stated, with the imcierstanding that the d�taile would
come 1x�ck to the Co�mcil in a 7oint powers agreement, he would move the
following:
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I�DTION U,� Cotmcilman FYtzFatrick to adogt Resolution No. 6-1987
F� Cotaicilman Goodspeed.
,r A �
o �as�
Seconded
Coimcilman Goo2�peed questioned what would happen if there was a severe
drought and the ponds would dry up.
Mr. F7.ora stated the systan would allo,� the entire five Foncls to be c]rained
and the channel be reduoed to a straic�t line th rouc� the Nature Center to
the Mississippi River. He stated if the creeks dry up entirely, there would
be no water, have✓er, with the dike systen provided, water oould be kept in
one of the five pon� L� closing the valves. He stated any one of the ponds
muld be managed at any elwation for which �he� were desicyied.
Co�cilman Goodspeed stated in the worst case, there prot�xbly wouldn't be
ariy loss except for possibly sane fish,
Co�mcilman FitzXatrick asked what determines the �noimt of water that would
rim into Storiybrook. Mr. �ureshi stated this isn't part of this proposal
and the cl�.version of Stor�ybrook would be a seFarate pro7 ect. He statec3 it
is Fart of the werall plan and if the project �ooeeds, the cost would be
borne tr� Fric71e3. He stated if the Cotmcil chooses to divert a portion of
Stonybrook into Sprinc�rook, a seFarate determiration would have to be made
of the oost. Mr. Flora stated this possihility oould be reviewed when the
eartl� work is being done for the pon�.
OFON A VOI� VO'!E TAKEN GN �3E ABOJE NDTION, all voted aye, and Mayor Nee
declared the motion carried unanimously.
ADJOURNMENP •
[�TION by Councilman Sahneider to ad�ourn the meeting. Seconded by
Coimcilman Goodspeed Upon a voioe vote, all voting aye, N�yor Nee c�clared
the motion carried unanimously and the Regular I�eting of the Fridley City
Coimcil of January 5, 1987 adjourned at 10:20 p.m
Respectfully sutanitted,
= �l'�vLa ��� �Cl L�[ o \
(�role Haddad
Secretary to the City Cow'icil
Apprwed:
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✓" "'�%�' �,`�`��? -�`�
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William J. Nee
Fhyor