Loading...
05/18/1987 - 00011177� � 0�� �,-.�� TfIE MIN[TPES OF TAE REGOLAR NIEEPII� OF TfIE FRIDLEY CITY COUNCIL OF MAY 18 � 7he Regular Meeting of the Fridley City Cbimcil was called to order at 7:38 p.m. ]x Mayor Nee. PLEDGE OF ALLEGIANCE: M3yor Nee led the Cotmcil and audience in the Pledge of Allegiance to the F7 ag. ROLL CALL: i :�• •a.a MEI�IILS ABSFNT: APPE37VAL OF MINUPES: Mayor Nee, @imcilwwnan Jorgenson, O�tmcilman Schneic�r, �imcilman FitzFatrick and Co�mcalman Gooc�peed I�� HOARD OF REVIEW. MAY 4. 1987: I�TION Uy Councilman Fitz�trick to approve the minutes as presented. Seoonc�d L� O�tmcilman Schneic�r. [Jpon a voice vote, all voting aye. Mayor Nee declared the motion carried unanimously. OOiJPICIL MEETINC. MAY 4. 1987: NDTION by Councilman Schneider to approve the minutes as presented. Semnded 1� ��mcilwanan Jorgenson. Upon a voice vote, all voting aye, N�yor Nee declared the motion carried unammously. ADOPPION OF AGEI�IDA• NDTION l� O�imcilman Schneider to acbpt the agenda as presentec�. Seconded ]x �imcilman FitzFatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. OPEN FDRUM, VISITORS: 7here was no response fran the aud�enoe imder this item of business. OLD BUSINESS• 1. ORDINANCE N0. 883 APPRWING A VACATION R�OUEST, SAV #87-02. TO VACATE THE NOKPfIERLY 1 FYX7P OF TEIE EASTERLY 30 FEET OF T[� 5 F'(b'I' DRAINAGE AND UTILITY 1 EASEMENi'IACATED ON THE SOUTHERLY 5 FEET OF LOT 16. BLOCK 10, DONNAY'S LAKEVIEW MANOR ADDITION. THE SAME BEING 550 57TH AVENUE N.E., BY JACK CfIAMBERS: -1- � COUNCIL MEE.TING OF MAY 18 1987 ��� �i�- ' NDTION by Councilman Goodspeed to waive the second reading and adopt Ordinance No. 883 on second readinq and order publication. Seconded by Co�n'tcilman Fitzp�trick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 2. ORDINANCE NO. 884 APPR(JVING A REZONlNG REDUESi', ZOA #87-02, TO REZONE FROM f�3. GENERAL MULTIPLE DWELLING. TO I�1. ONE FAMILY DWELLING. GENERALLY I�O('ATID AT 441 HUGO STREE'i' N.E.. BY MCCK. INC.: NDTION k� Councilman Fitz�trick to waive the second reading and adopt Ordir�noe No. 884 on second reading and order publication. Seconded by Cbwicilman Gooclspeed. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 3. ORDINANCE NO 885 APPRO`7ING A VACATION REOUEST SAV #87-01 GENERALLY LO('ATED EASP OF 247 57TH PIACE N.E.. BY RICHARD PETERSON: NDTION ix Councilman Fitz�trick to waive the second reading and adopt Ordinance No. 885 on seoond reading and order publication. Seconded Yry Cbtmcilman Goods�eed. Upon a voi�e vote, all voting aye, N�yor Nee declared the motion caxried unanimously. 4. C�ONSIDERATION OF APPOIffl3�fENTS TO ENVIROI�7ENPAL OUALITY ENERGY AND HOUSING AI�llJ RIDEVEIAPMENr AUi'HORITY COMMISSIONS: � hDTION }x �imcilman Schneider to table this item. Semnded L� Cbwicilw�nan Jorgen�n. Upon a voioe vote, a11 voting aye, N�yor Nee declared the motion carned unanimously. 5. ORDINANCE NO 886 TD RECODIFY THE FRIDLEY CITY �DE BY AMENDING CHAPTER 11 EN!'ITLED "GENERAL PROVISIONS ADID FEES" BY DELETIN„ THE VEI�IDING MACEIINE FEE• P'DTSON by Councilman Schneider to waive the second reading and adopt Ordinan� No. 886 on second reading and order publication. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee c�clared the motion carried unanimously. 6. ORDINANCE NO 887 RECODIFYING THE FRIDLEY CITY CODE BY AMEbIDING CHAPTER 203 ENPITLED "MOBILE HOME PARK", BY DELETING SECTION 203.04. CERTIFICATE OF OONPINUID OPERATION AAID RENUMBERII� CONSECUi'IVELY: N�TION ky Councilman Schneider to waive the second reading and adopt Ordir�anoe Ido. 887 on second reading and order publication. Seconded by Coimcilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. NEW BUSINESS• 7, C;ONSIDERATSON OF FIRST READING OF AN ORDII�,NCE RECADIFYIAIG CHAPTER 205 OF � THE FRIDLEY CITY CODE. AS IT RELATES TO SOLSD WASTE STORAGE CONTAINER ENQ,OSURES. I3EALTH CARE CLINIC PARKII�, CHURCH PARKING AND GARAGE SETBACKS: -2- � � i� • A��; 3�� ��v _� _ � Mr. Imbertson, (bmmtmity Develognent Director, stated the first change, garage setbacks, was proposed h� the Appeals �munission due to an inccease in requests for varian�s to allaa ea�nsion of existinq attached single car garages to cbuble car cprages. He stated approval of this ordinance will facilitate oompliance with the two car garage requirement by alleviating some of the variance zequests for cprage expansion. He stated corner lots cb mt apply to this diange because of the existing requiranent that garages must be set back at least 25 feet fran the public ric�t of-way. �tmcilwanan Jocgenson stated she received a�.lione call fran P7r. Peka, 5932 5th Street, who voiced ooncern about this orcb.nanoe. She stated she would like to clarify this ordinanoe applies only to existing, attached single car garages, and cbes not cover new o�nstruction. Mr. Qureshi, City Manager, stated a phone call was received from O�ttunissioner Y�orcliak regarding this same issue. He stated Mr. l�ka had expressed his ooncern to Commissioner Koraiak that his neighbor could construct a garage without g�ing through the varianoe prooess. Councilman Schneider asked, in the worst scenario, what would be the distanoe between two driveways. He stated the F�ka's concern was there was g�ing to be a minimim distanoe 6etween two driveways and snow ranwal. may be a ptoblen in the winter. Mr. lk�bertson stated in the worst situation, there would be a minimim of eight feet. � Mr. Flora, Public Works Director, stated this ordinance would apply strictly to an e�sisting single car cprage and would allaa e�nsion to a cb uble car garage imc�r oertain aonditions, He stated if someone wished to a�nstruct a two car garage, oode requirenents must be met or a varianae granted. Mr. Newman, Assistartt City Attorney, stated when a pro�rty aaner aunsttucts a r�ew c�rage, there is some flexibility as to where the garage is located. He stated in the case where you are ex�ndi.ng an ex�sting garage, there is less flexibility. He stated fran a lec}�1 standpoir�t, he would prefer this solution rather than grar�t.ing a varianoe when there is no objection and not granting a variance when there is an objection. Mrs. I�ka voiced her oonoern about s�ficierrt sXace between their property and their r�eic�bor's, if expansion of the garage was allowed under this orciinance, Cbimcilman Schneider stated this ordinance would not apply as the Peka's neighbor cbes not have an attached garage. Mr. Qureshi stated the ordinance covers only existing single, attached garages, however, this did not m�n a property aaner aauld not apply for a varianoe. He stated such a request would be processed through the normal varianoe procedure. ' Mr. Robertson stated the seaond proposed change aonoerns solid waste storage wntainer enclosures. He stated the existing screening provision is ambiguous as to the quality and consistency of solid waste storage a�ntainer -3- COUNCIL MEETING OF MAY 18 1987 ����y 1 screening in multi-family, mmmercial and industnal districts. He stated a nunber of other cities' ordinances wete rEV ic�red and this grop�sad ordinance addresses the conoerns of the City. He stated the ordinance would require screening of mntainers in all new multi-family, oommerical and industrial developnents where visible from any right-of-way and/or residential district; re�uire screening on all sides for mmmercial generators of food waste, and residential buildings of three or more units when a common oollection area is used; and require screening of dumpsters at existing commercial, industrial and multi-family dwelling development when im�ovenents re�ui.ring a building permit are requested and when m dumpster screening exists, and when the existinq dum�ster is visible fran residential or public right of-way view. He stated the ordinance would not require autanatic retra�ctive oompliance fran existing businesses and multi-f�nily $aelling districts or oumpliance in zoning districts other than commercial, industrial and multi-fanily. Mayor Nee asked how this proposed ordinance differs from the present ordinance. Mr. It�bertson stated this ordinance more clearly defines the type of screemng required for solid waste storage oontainers. Mr. Roberts�n stated the third proposed change addresses the climc parking issue and the rieed to be more specific regarding off-street �rking for health service industries in C-1, C-2 and CR-1 districts. He statea, presently, clinics are classified the same as offices, even though their � Ferking needs are very different. He stated the proposed change would re�uire one off-sreet �.arking sFace for each 150 square feet of building floor area, rather than one s�taoe for esch 250 s�uare feet of builcb.ng floor ara3. He stated the fourth �oposed change to the ordirian� addresses the �arking ratio for churches, and is reoommended to aorresFond more cloyely with that of other cities. He stated the ordinanoe references sections of the CR-1 district, which apply the building and site requirements to church develognents. He stated the parking required is one o£f-street �rking s�oe for every three fixed seats or for e✓ery five feet of pew length in the main assembly hall. He stated additional �xrking may be required for other church activities such as day care, classroom and recreational activities. Nt�TION ty Councilman Schneider to waive the reading and approve the ordi.nanoe upon first re3ding. Seconded kr� Councilman Goodspeed. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 8. CONSIDERATION OF A LEASE AGREEMENT $ETWEEN THE CITY OF FRIDLEY AND IAIDEPEPIDENT SCHOOL DISPRICT N0. 14 FOR Z'i]E "A" FRANIE: Mr. Prilxl, Finanoe Director, stated he was oontacted by Roger Schmaus, Independent School District No. 14, regarding renewal of the lease for the ' "A" frane building located at North Innsbruck Park. He stated the School District is r�uestinq renewal of the la�se agreenent fran September 1, 1987 throuc� May 31, 1988 on the same terms as outlined in previous ya�rs. -4- ���� n �j CnLRx'IL MEETING OF MAY 18, 1987 � NDTION � Cormcilman Fitz�trick to authorize execution of the lease agreement with 5chool District No. 14 for the "A" frame. Seconded by Cbimcilman Schneickr. UFon a voioe vote, all voting aye, N�yor Nee declared the motion carried unanimously. 9. CONSIDERATION OF DONATION TO ALIrNIGHT PARTY FOR SPRING LAKE PARK HIGH 5CHOOL SENIORS: Ms. Ibnna Carlson, thaixman of the Ptizes and Ibnat�on O�imnittee for S�xing Lake R3rk Hic� School, appeared before the Cbimcil regarding their request for a cbr�tion to the senior all-mc�t Farty. She stated they have macle a similar request for financial support fran the cities of Blaine and Spring Lake Park and the3 each d�nated $300 to this Fariy. She stated sinoe Spring Lake Park School District #16 falls within Fridley, Spring Lake Park, and Blaine, thEy are also making this same request of Fridley. Ms. Carlson stated the School District provides the building, use of the kitchen facilities, and custodial servioes. She stated teachers also donate their time. 5he stated she felt this would be a worthwhile donation to provide for the yotmg people in the ootrnmmity to help than have a�fe and menorable graduation Farty. Mr. Hunt, Assistant to the City Manaqer, stated staff has provided menorand�uns to the CoLmcil recprding this issue. He stated School District No. 14 makes no request of any goverrunental agency for a donation. He � stated School Distzict No. 13 in O�ltmbia Heic�ts has an ogimon fxom their City Attorney that this i:n't an appropriate use of public fimc�. He stated staff dic7 not feel this was an appropriate use of City funds, but the relative worth of the eaent is not Y�eing questioned. O�tmcilman Gooc�peed stated he felt, if this re3uest is approved, it would be a Ixecec�nt the Cbimcil cannot afford to �t. NDTION l� Coimcilman Goocls�eed to deriy this reyuest for a donation to the Spring Lake Park Senior All-Niqht Party. MJTION FAILED FbR LACK OF A SEQJND. Co�cilman Schneider asked wkr3 the attoxney for Colwnbia Aeights believed this was an illec�l use of City fimcls. Mr. Ne,vman, Assistant City Attorney, stated there isn't a great n�mber of court cases that fall in the realm of public purFose. He stated the reasoning was �obably 6ecause it benefits a relatively small n�nnber of �ople. Mr. Neaman stated he felt it is a"gray" area, but could argue either way. He stated to take it to the e�ctreme, what would happen if a reic�borhood group wanted to have a Faxty to keep everyone off the street. He stated the arc�unent can be mad� it is a public purpose. P1r. Newman felt if the City �imcil granted this request, thc� sa�uld have to reciprocate, �.f requests were received fran other school di.stricts. � O��mcilman Gooc�peed stated he felt this would be a chanYable aontribution and a procedure has been established to prooess these requests, -5- ��` "�r� �i �. _ i a��_�. • �: . . � mimcilman Schneicl�r stated, clearly, thxs request should go throuqh the prooess, howEVer, the question which should prolx�bly be addressed is if it makes sense to ap�ave the rbr�tion. N�yor Nee stated the question is whether funds should be used for this Farty. He stated the Council made a decision to process such requests through the Commission and frcm his p�int of viea, to approve it would not be a good idea. Cbimcilman FYtzFatrick felt the question whether or mt they wish to honor this request has to be addressed. He stated he was not sure it was illecpl. NDTION 1� �tmcilman Schr�eider to approve a$100 donation to Spring Lake Paxk's All-Nic�t Senior Party, with the tmderstanc3ing it is fox this year only, Fiirther, the rormal �ZOCess should be through the Htunan Resources Commission and Spring Lake Park, as well as any of the other school districts, are invited to sutmit an application for funding throuqh this Cbmmission. Se�nded t� Cbi.mcilwoman Jorgenson. Upon a roll call vote, Cbtmcilman Schneider, Councilwoman Jorgenson and Councilman Fitzpatrick voted in favor of the motion. Mayor Nee and Councilman Goodspeed voted against the motion. NP.YOR NEE DEQ�ARID THE NDZON FAII,ID AS FOUR AE'FIRNF�TNE * V(7IES ARE NEEfED R� EXPEND UDBUII�EiED EVNLIS. 10. REC�IVING THE MIN[TPES OF THE PLANNII� COMMISSION MEETII� OF MAY 6 1987: � A, QOI�.SIDERATION OF A SPECIAL USE PERMIT SP #87-07 7q ALIAW A SEOOAID ACCESSORY BUILDING ON IL)TS 28 AND 29 BIACK 1 PLYMO[fi'H P.DDITION THE Si1ME BEING 4875 3RD SPREET N E BY DAVID SINiGAGLIO• Mr. Robertson, Cbmmtmity Develognerit Director, stated this is a request for a special use permit to allow a seoond accessory building at 4875 3rd Street. He stated the Planning Coirnnission reviewed this request on May 6 and reoommended approval with the stipulations that the garage addition facade and roof match the house and no outside storage of construction material is pennitted in the yard. NDTION lx Cbimcilman FitzXatrick to mncur with the recommendation of the Planning Commission and grant special use permit, SP #87-07, with the follcwing stipulations: {1) Garage addition facade and roof to match house; and {2) No outside storage of construction material is permitted �n the yard Semnded 1� Obimcilw�nan Jorgenson. Upon a voice vote, all voting aye, l�yor Nee declared the motion mrried imanimously. B. CONSIDERATION OF A SPEC7AL USE PERMIT, SP #87-08, �U ALLOW A SEODAID ACCES�RY BUILDING ON LOT 1, BIACK 1, Pg'�P,DOWLAI�II)S ADDITION. Tf� SAME BEING 881 66TH AVENUE N.E.. BY MICFTAEL GUSPAFSON• Mr, Robertson, �mmtmity Deaelognent Director, stated this is a request for � a special use permit to allow a sewnd accessory building at 881 66th Aven�. He stated the Planninq Commission reviewed this request on May 6 and reaommenaed approval with the stipulations that the cprage facade is to � * As added by Councilman Schne�der at the Council Meeting of June 1, 1987 ��r._�. �. • f� I • y�, 1 be approved b,� staff; driveway to be at le�st three feet fran adjoining lot; drivEway slope to be redu�d as much as possible; and owner to secure NSP authorization of garage gla�nent prior to mnstruction. Mr. RDbertson stated sta£f had recammended the garage facade match the house, haae�er, the petitioner stated the house has wkute steel siding and since the garage would be close to the �rk, �ossibly a rec�vood facac� would be more ap�opriate. He stated the Planning Commission's reo�rmnendation is that the c$rage facade be approved lx staff. Mr. Gustafson stated he has mritacted Northern 5tates Fower and they dtd not have any oYrjection to his plaoemerit of the garac,E on this �c'operty. NDTION � Councilman Goodspeed to concur witkt the reoommendaton of the Planning Commission and grant special use permit, SP #$7-08, with the follaaing stipulations: (1) garage facade to be approved tr� staff; (2) drivewa� to 6e at la�st three feet fran adjoining lot; (3) driveway slope to be reduced as much as possible; and (4) owner to secure NSP authorization o£ c}arage glao�nent prior to construction. Seoonded b� O�tmcilman EYtzFatrick. Upon a voi� vote, all voting aye, Mayor Nee declared the motion carried unanimously. C. �NSIDERATION OF A PRELIMINARY PIAT, P.S. #87-03. OLIVER OL90N ADDITION BEII� A REPLAT OF IOT 1 BIiOCK 1 VEIT'$ 2AID � ADDITION AAID LO�P 26 REVISID AUDITOR'S SUBDIVISION NO 23 THE SAME $EING b430 EASP RIVER I2DAD N.E.. BY DOND7A OLSON: NDTION by Councilman Fitzpatrick to set the public hearing on this prelimirr�ry plat for Jime 1, 1987. Semnc]�d Ix Coimcilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carxied unanimauslp. D. CONSIDERATION OF A VACATION RDOUEST, SAV #87-03, TD VACATE A 6 E'OOT DRAINAGE ADID LTPILTPY EASEMENT CREATED BY VEIT'S SECOAID P,DDITION, �',ENERALLY IdXX'ATED AT 6430 EAST RIVER 1�011D N.E., BY DONNP, OLSON: rDTION L� Q��mcilman EYtzFstrick to set the public he3ring on this vacation ceq�st for J�e 1, 1987. Semnded t� Coimcilman Schneider. Upon a voice vote, all voting aye, N�iyor Nee declared the motion carried unarumously. E. CONSIDERP,TION OF A LOT SPLIT. L. S. #87-03 . DO 5PLIT OFF PAR`i' OF LO'P 7.3. REVISED AUDITOR' S SUBDIVISON IQ7. 1Q3 . GENERALLY L�JCATED AT 8100 EASi' RIVER ROAD. N.E., BY BERNADETTE BEN90N OF MIDWEST SUPER STOP: Mr. Robertson, Community Develognent Director, stated this property is located on the southwest mrrer of FaiTmont and East River Road. He stated in 1984, a special use permit was issued for construction of a service station. He stated after the petitioner moved into the building, they ' di.smvered their properiy line was not ic�ntical to the fence line west of the building, but ran at a drastic angle to what would be the sic� and back yard of the adjaoerit hane. He stated in order to clear t� this �xoblen, the -7- y/'y�/p�y� ,� r, VY� .r�.Y �K��il�'. � � — ��C� 1 petitior�er has agreed to sglit the �operty west of the fence and sell the property to the neic�bor who wi11 aombine it with hi� lat to bring it up to ��, He stated after the lat split, the lot are3 for the service station will be 21,800 sluare feet which is more than ac�quate as the mde requires 20,000 s3uare feet. Mr. Robertson stated the Planning Commission reviewed this re3�st on May 6 and rewmmendd�d apprwal with the stipulations that the petitioner execute and return a street easement agreenent (17 feet along East River Ra�d) prior to recordittg the lot split; dumpster screeninq be pzovided priox to reoording; hedging along Fairmont Street with edging, k�eed barrier, and mulc3� be provic�d prior to remrding; and the subdivic�d �roel be added to the residential lot to the west aoncurremly with reoord�.ng. NDTION L� Co�mcilman FitzFatrick to mncur with the recommendation of the Planning Commission and g[ant lot split, L. S. #87-03, with the following stipulations: (1) petitioner e�oecute and return street easement agreenent (17 feet along East River Road) prior to recorcang lot split; (2) dumpster screening be provided prior to rewrding lot split; (3) hedging along Faiunom Street with edging, weed L�rriex, and mulch be provided prior to rewrding; and (4) subdivided p3r�1 to te added to residential lot to the west concurrently with reeording. Seoonded Ix Coimcilman Goo�peed t)pon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. ' NDTION by Councilman Goodspeed to receive the minutes of the Planning Comnission meeting of May 6, 1987. Seaonded by Councilman Fitzpatrick. Upon a voioe vote, all voting aye, Mayor I3ee declared the motion carried unanimously. 11. RECEIVING Tf� MIN[ft'ES OF THE CHAE�PER ODMMISSION NIF.�PING OF MARCH 30 1987 • M]TION IH Councilman Schneider to receive the minutes of the Charter Gommission meetang of N�rch 30, 1987. Seoonc�d b� Coimcilman Fitzpatrick. Upon a voioe vote, all voting aye, Mayor I3ee declared the motion carried unanimously. 12. CONSIPERATION OF EXECUTING A HOLD HARMLESS AGREEMENT WITH THE FMC �QRPORATION ON Tf3EIR SPORM 47P,TER SYSPEM AI�ID PAYMENT OF Si1�RM Fg1TER FEES: Mr. E7ora, Public Works Ilirector, stated after oonsiderable r�egotiation with FMC, the City has rec�eived a hold harmless agreement for the storm water system within the EMC-Navy property and extending across the Anoka County i�rk to the Mississippi River. He stated the agre�nent establishes total responsibility for that system to FMC and holds the City and County harmless. Mr. Flora stated sinoe this is a�rivate system and the City now has an agteenerit that FN,C will maintain it, he would xecommend the Council authorize execution of this agreanertt. ' Mr. Flora stated EMC has requested the City waive the �st and present storm water drairr�ge fees. He stated sinoe the fee was acbFted, FMC has not Txaid ariy of those charges and are in arrears $13,416.42 and a current fee of � • h I @1 • R�,.r e ..-, �. __.�u.i � $3,853.53 which i5 c�Axe. He stated �IC's �osition was sinae it is a private system, they should not be paying a storm water fee. He stated the ordir�nae prwic�s that petitioners can sutmit their starm water plans to the City and, when apprwed, reductions of the storm water fees could be established, but not retraactively, Ms. Flora stated since this is a Fxivate systen wnstructed lr� FMC, the Council could abate the existing storm water fees or abate all future fees, and require collection of the �ast fees, if they ao f�sire. Co�mcilman Schneider asked if the hold harmless agreanent a�vers 100� of the storm water and Mr. F7ora answered in the affixmative. NDTION IX Cbimcilman FitzFstrick to ap�are and authorize execution of the hold harmless agreanent with EMC O�rporation b� tl�e NHyor and City Manager. Seoonded }x Co�mcilm�n Gooclspeed. Cotmcilman FitzFatrick questiored wtr� this agreanent included the waiver o£ fees. Mr. Flora stated when the City acl�pked the storm water fee, the City took res�vnsibility for the storm water west of the road. He stated based on this, FMC was asked if the� taould take over the entire system since the City didi't have any authority to enter their property. He stateci it took several ye�rs to negotiate this hold harmless agre�nent and during this time, the City was responszble for �operty outside the FMC property. � (b�mcilman Schneider asked if the City had incurred any expenses chiring this period. Mr. r'lora stated nothing material had developed. Nbyor Nee asked if FMC built the systen to which Mr. Flora answered in the affi�mative. He stated when EMC sold pro�rty to Anoka CoLmty west of East River Road, the pipes in the system became public. He stated FMC dich�'t accept total responsibility at that time and hasn't tmtil this agre�nent is e�aecuted. Me. Arlen Wittrock, reFxesenting FMC, stated the question recprcang the fees is �rt of the total hold harmless agreement, He stated FMC has been responsible for the systen in the Fast, responsible for it now, and in the future. He stated their position is that the� are rnt responsible for any fees in the �ast, Fxesent, or futtate. Cb�mcilman Gooclspeed asked if the liability has always been FMC's. Mr. Wittrock stated that was correct and the hold harmless agreement now aclmowledc�s the fact in writing. Cbtmcilman Gooc3speed stated it seems the City dich't occur any expendi.tures, haaever, did the� shoulc�r liability and if so, the question is if some of the fees should be aollected. Mr. NEwman, Assistant City Attorney, stated if there had been a probl�n, there oould have been liability, howe�er, this cfi.c�'t occur so m one re�lly � had to faoe this question. Mr. Wittrock stated the position EMC's attorneys would have taken was FMC � , •� � ��� , . and the Navy would have been held responsi.ble. Mr. NEwman asked if there is some in7ury or c�mage that has occurred which has not yet sutfaced, tmder the teLms of this agreanent and because FMC is stating they have always been responsible, would FMC he liable. Mr. Wittrock stated that is his tmderstanding. He stated in a letter addressed to Mr, F7ora chted May 4, 1987, FMC states they are responsible for the system and have always been responsihle, he felt it answers the past 1 iabil ity issue. Mr. Qureshi, City Manager, stated with this understanding, he would reao�nend the fees be waived as outlired in the agreement. i7A)N A VOICE VO'iE TAI�N CN �iE ABOJE NDTION, all voted aye, and Mayor Nee declazed the motion �rried unanimously. 13. CONSIDERATION OF ADOPrING A FDLICY DEALING WITH PROBLEM SEWER SERVICE• Mr. Qureshi, Ciiy N�nager, stated if the Co�mcil ac7�ptec] this polic.y to deal with probl�n sewer serviae, it would be associ�ted with residences �nstructed prior to the City's �anitaxy ssytem. He stated he is aware of iwo Fxoperties that would be affected. NDTION lx Councilman Schneider to adopt , rec�rding problan �nitacy sewer servioe. OFon a voice vote, all voting aye, Mayor unanimously. this policy dated May 13, 1987 Seaonded 1� Cbimcilman Goodspeed Nee declared the motion carried � � u � r� •�� �� � . .�� ..�� I�DTION b� �tmcilman 5chneider ta receive the follaaing bids for Street Im�xovenent Project ST 1987-1: �,ANHQ,�R Northwest As�alt 1451 Coimty Road #89 Shakopee, NN 55375 Alber Construction, Inc. 4901 W. N�dicine Lake Road Plymouth, NN 55442 Hardrives, Inc. 7200 Henlock Lar�e No. Nhple Grove, MV 55369 Anderson Bros. Q�nstruction � ComFany of Brairerd 313 ]st Ave, N E. P.O. Box 165 Osseo, NN 55369 -10- � :• � 5$ 5� 5� 5� TOTAL B�D $195,202.50 $199,484.75 $200,561.50 $204,425.00 �- �� " r� � � [K�l�� �i � , • ��� Midaest AsFhalt Cbrp. P. O. Box 338 Hopkins, MN 55343 Valle� Paving, Inc. 8800 13th Ave. Fast Shakopee, M�7 55379 Ale�nder Const. �. 14561 Johnny Cake Ridge Road Apgle Valle�, NN 55124 G S. McCrossan, Inc. Box z47 7865 Cbw�ty Foad #18 Nhple Grwe, NN 55364 � -, �� __,. � 5� 5� 5$ 5� $212,766.05 $215,055.00 $231,714.00 $236,030.00 Se�nded ]x Q»cilman Go�peed. Upon a voice vote, all voting aye, Mayor Nee c�clared the motion carried unanimously. Mr. F7ora, Public Works Director, stated, fran the eic�t bids received for this Fxoject, the laa bidder was Northwest AsFhalt, Inc. of Shakopee in the amoimt of $195,202.50, and woul.d reoommend the bid L� awarded to than. NDTION L� Councilman Schneider to award the bid for Street Improvement Pro�ect No. ST 1987-1 to the low bidder, �Iorthwest Asphalt, Inc. in the amotmt of $195,202.50. Seoonded tx Oxmcilman Fitz�trick. Upon a voice vote, all voting aye, Nayor Nee c�clared the motion �rried unammously. 15. RESOLUTION N0. 40-1987 APP120�TII�'i A LCYP SPLIT. L. S. #87-02 . TO SPLIT LOT 1. AUDITQR'S SUBDIVISION N0. 89 INiY) 3 SEPARATE PARCELS. GENERALLY LQCATED AT 1).31 72AID AVENUE N.E.. BY DON RIEREN: Mr. Robertson, Q,>mmtmity Develognent ITirector, statec� the Council approved this lot spl.it on Nhy 4, 1987, with aertain stipulations. He stated there was a question regarding a suitable off-street Earking plan and a plan for 11 additional off-street �rking stalls has been preFered b� the petitior�r. Nh�. Rohertson stated the ten stipulations, attached as Ex7iibit A to this resolution, indicate the r�ew xarking stalls will be installed with blacktop and concrete curbing witY�in six months fran the time of sale of the split of the lot or within £ive years whichevex mmes first. He stated stipulation No. 10 also Frcyvides for a performanoe bond in the amoimt of $6,000 prior to reaording the lot split. Cbtaicilman Scl�neider asked if the petitioner was in agreement with these stipulations. � Mr. Haarstad stated he has a problen with having to post a bond. He stated in reviewing the history, this becpn as a simple issue that would benefit the City and close Norton Creek. He stated after several years of di.scussing it, it was decided the easiest wa3 to acaomplish the closing of -11- OQ`�,_"_�' . ,, � �� • , Norton Creek would be for o� of the �xoperty a,aners to sell �me proFerty. He stated sinoe the� have taken the action for the lot split, many other issues have developed. Mr. Haarstad statedwhen the� mwed into their building, he had approved lanciscaping and �rlung and, as a result of trying to close the creek, he is ra�uired to install additional landscaping and parking. He stated he is very frustrated over the eritire ordeal and to him, it would be better off to just elimirate the whole ic�a as it is getting very e�ensive to get the creek closed. He stated he would comply with the stipulations, 6ut felt the� should not be ra�mred to post a bond. Mr. Jim Determan stated meeting all the requir�nents of the City and Watershed District is aosting a lot of money. He stated one-third of the useable land is being lost for Farking that prol�bly never will he neec�d. ��cilm�n Schneider stated as it stancls nav, the �arking cbes not meet code and there was mn�rn if the use of the buildi.ng changes, it oould bewme a �SOblen. Mr. Haarstad stated the beref it of this lot spl it to the (Yty is hav ing the ditch closed and the possibility of an additional industrial site on the mrth end and amther taxpayer. He stated as a result of ineeting all the r�uiranents, he is losing a6out $2,000 and when the Farking is installed, � it will cost ara�thex $6,500. Councilman Schneider asked if there would be a way to guarantee the additional farkinq in corrjimction with the lot split. Mr. Neaman, Assistarit City Attorney, stateci it is possible, with agreenent from the property aaner, to impose a restricted covenant on the north �roel. He stated when there is a transfer of ownership, the additional Farking would haae to be mnstxucted. Q�tmcilman Schneider stated he dich't Imow if a bond should be r�utred, but wanted to make sure when that north Faroel is c�veloped, there is sufficient Farking. N�yor Nee asked who would be in need of the additional �rking, Mr. Haarskad or the �rson purcitasing the mrth g3rce1. Mr. Haarstad stated th�y ere short of Fatking undex the existing code, but met these requirenents when the building was construcked. Coimcilman Schneider stated ka3sed on the er.isting code, 42 g3rking spaces are requiced and the�* hase worked out 41. He felt the only xeal issue is re3uirinq the bond Mc. Qureshi, CYty Manager, stated a solution may be to place a restricted cove�xit on the mrth Faxcel and not r�uire the bond, Mr. Haarstad stated � this is what the� have ra�uested as the� cbn't want the expense of supplying addition�l Farktng until the Faroel is develo�d. -12- �11�. I V� �V \, � ll� � � � NDTION LX Camcilman Schneider to adopt Resolution No. 40-1987, with the stipulations attadied as Exhibit A. Elirther, stipulation No. 10 is changed to require a rxotective mverr�nt be filed against �arcel 2 and when this �rcel is either 6uilt on or s�ld, additional gsrking will be provided on �.aroel 3. Seconded tt� Councilwoman Jorgenson. Upon a voice vote, all voting aye, Ngyor Nee declared the motion carried imanimously. 16, RESOLUPION N0. 41-1987 DESIGNATING REPRESENPATIVES 7S1 THE MINNESOTA POLICE FDTIDN L� Coimcilmnn Schneider to acbFt Resolution No. 41-1987. Semnc�d lx Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 17. (ZAIMS: NDTION IX Cotmcilman Schneider to authorize payment of Claims No. 14272 throuc� 14552. Semnded 1� Cbtmcilman Fitz�atrick. Up�n a voioe vote, all voting aye, N�yor Nee declared the motion �arried unanimously. 18. LICENSES: NDTION k� Cowzcilman FitzFstrick to apprwe the lioenses as sukmitted and as on file in the Li�nse Clerk's Offioe, Seoonded Yr� Councilman Schneic�er. � O�nn a voioe vote, all voting aye, Mayor I3ee declared the motion carried unammously. 19. ESTIMATES: ND7°IOAI !� Coimcilman Goo�Fead to approve the estimat�s as sukmitted: Herrick & Newman, P.A. 6401 University Avenue N.E. Suite 205 FricIle�, Minnesota 55432 For Services Rendered as City Attorney Fbr the NY�nth of April, 1987 . . . . . . . . . . . . . $ 1,957.00 Halvorson Construction 4227 - 165th Ave. , N. E. Anoka, FN 55304 Misoellar�eous Concrete Curb and Gutter Proj ect-1987 Estimate No. 2 . . . . . . . . . . . . . . . . . . . . . $ 1,487.70 ' Eugene A Hickok & Associates 545 Indian Mowid -13- ��� � ' M ��''�.''v'1 � 1�� �i ai � � y. � Wayzata, NN 55391 Moore Lake Restoration Project-Fi�ase II (#149) Partial Estimate - 3/27/87 to 4/27/87 . . . . . . . . . $ 175.26 Subterranean Engineering Corp. 6875 Hic�way 65, N. E. P.6. Box 32308 Minnea�olis, NN 55432 Iake Fbirrte Gorporate C�nter Denolition & Site Grading Project #163 Partial Estimate . . . . . . . . . . . . . . . . . . . . $ 594.50 Simde Engireering 9�01 E. Bloanington Freeaay Bloanington. NN 55420 Lake Fbinte Corporate Center Lpmolition & Site Grading Pro7ect #163 , Partial Estimate . . . . . . . . . . . . . . . . . . . . $ 8,769.48 Sewnded tr� Coimcilman Schneider. Upon a voice vote, all voting aye, Mayor Nee c�clared the motion cairned unanimously. AL.170[7RNMENP: NDTION by Councilwoman Jorgen5on to aci�ourn the meeting. Seoonc7ed by Cbimcilman Schneider. Upon a voiae vote, all voting aye, N�yor Nee c�clared the motion carried unanimously and the Regular Meeting of the FridlEy City Coimcil of N�y 18, 1987 adjourned at 9:28 p.m Respectfully sulinitted, � �. � ���� -�'Ftz.�,,-G` �c���,;� � �,/�-`���_ — Carole Had�d Willian J. Ne Secretacy to the City Coimcil Nayor Appra�ed: � -14- -------------------------