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04/04/1988 - 00010849�Q��1 � THE �1'I�S OF Tf� REG[TLAR N�PING OF TI-IE FRIDLEY CITY COUNCIL OF APRIL 4, 19 88 The Regiil ar Meeting of the Fridley City Council was called to order at 7:36 P.m. by Nbyor Nee. YLEDGE OF AT,TEGIANCE: NF�xyor Nee led the Council and audience in the Pledge of Allegiance te the F7 ag. ROLL CALL• NIET9BIItS PRESENT: NkZyor Nee, Councilwanan Jorgenson, Councilman Schneider, Councilman Fitz�trick, ancz Counci]man Billings D�ERS ABSENT: None PROCLAN]ATIONS- DAYS OF RIIyEL9BRANCE OF THE VICTIMS OF THE HOLOCAUST - APRIL 10-17, 1988: I�yor Nee read and issued a proclamation to remember the victims of the � Helocaust and hoped that citizens of Fridley will always strive tc overcome prejudice and inh�r�nity through eclucaticn, vigilance and resistance. He stated Kay Bonner ATee was a witness to the affects af the HolocaLSt and was present at the liberation of the Sev�s frcm Buchenweld. Ms. Kay Bonner Nee receivecl th�s proclamation and stated she was the City's representative to the United States Council fc�r the Holocaust Days of Renanbrance, She thanked the I�yor ancl Council for this proclamation and stated the Days of R�nanbrance have veiy special manories for hei. Ms. n7ee stated she was present at the liberaticm at Buchenwald and stayed to help care for those still living and tried to relccate those that were able to be moved. She stated she is not so prestanptuous to think the living can speak for the dead, but thinks we riust speak out nevertheless. Ms. Nee stated we must rananUer what happened during the Holocaust even if it is veiy painful to ranc��l�er. She stated if we forget, we zvn the unspeakable risk of having a reoccurrence. WEEK OF TI� YOIING CHILD - APRIL 10-16, 1988: Mr. Nunt, Assistant to the City Manager, read this proclamatien issued by P�yor Nee. NF�yor Nee stated he urged all citizens to mnew their efforts to suport young children, the programs that serve them and the den�cated individuals who care for and teach than. Ms. Muriel Shaxpe stated she was pleased tc accept this proclamation on � behalf of School District 14 and early Family Childhood Education. -1- �o��z CODMIUNITY DEVEL�OF'�7E,L�Ti' STACK GRI�NP WEEY. - APRIL 2-9, 1988; Mr. Hunt, Assistant to the City Manager, read this procl�mation issued by � Mayor D7ee. Mayor Nee stated he urged all citizens to e�ress their support for the CDBG progra�n, to oppose further cutbacks in Federal funding, �nd to work for increased funding of tYus progr�n which helps local goverrunents respond to important h�z needs, ADOFPION OF AGII�7DA: M)TION by Councilman Fitz�trick to adDpt the aqenda as su3aniited. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion rarried unanimously. OPIIV FORiJM, VISITORS: Mr. Porath, Den Leader £or C1�b Scout Troop #167, was present with his Ci�b Scout Troop to observe the proceedings of the Ceuncil meetir,g in order to earn their citizen badoe. Mr. A�rath tharked Councilman Fitzpatrick for meeting with then prior to the meeting to d�scuss local goverrnnent. AJBLIC HEARINGS• l. AIBLIC HEP.RING FOR CABLE TELEVISION FRANCHISE RENEWAL: MOTION by Councilman Fitzpatrick to waive the reading of the public hearing notice and open the public hearing. Seconded by Councilman Billings, Upon a voice vote, all voting aye, Mayor Nee decl�red the motion carried � nnanimOUSly and the public hearing opened at 7:44 p.m. Mr. Nbravetz, staff liaison to the Cable Television Ccmmission, introduced the Chainnan of the Cable Commission, Ralph Stouffer and member, Duane Peterson. He stated those members who were not able to attend were Ed Kaspszak, Barbara Nughes and Burt Weaver, I�Ir, Nloravetz st2ted Mx. Gasy I�Tatz, legal counsel for the Cable C�¢nission, represented the City through the franchise rer.egotiating sessior.s. Mr. Mor�vetz stated the representatives present fran Nortel Cable are Ron �r�ns, Keith Cr�ppes, M3sk Hammerstrcan and Bruce Thanpson. Mr. bbravetz stated this proposed reneVv� prwides for z 15 year franchise, a mirumLm 440 Negahertz systan and nunimLUn 59 chaiuzel capacity. He stated Mr. lK�tz woiild simmarize this franchise orctinance ancl contents. Mr. Matz stateci this proposal is to rene,�, the fxanchise for a 15 year pericd and is the maximum time allowed under law. He stated N�rtel Cab1e has caimitted to upgrading the syst�n to a minamimz of 59 chaiuiels with the work to be coiapleted by Januaxy, 1990 or within two years of acceptance ef the franchise. He stated Nortel has agreed to specific ob�ective techn�cal standards to supply the subscri.bers with excellent signal qu�lity. Mr, Nlatz stated Nortel has carnnitted to a basic seroice, provide an emerc�ency syst�n, and construct a separate institutional network_ to connect the various schools. He stated Nortel agrees to contir.ue the public, educat�onal, ' gwerrucient, and libraxy channels and to provide certain equignent for public access prcx�ra[[¢mng, Mr, N�tz stated Nortel ugrees to grant $60,000 in years one, five, and ten to supplenent this as „ gnent. He stated the grants waulcl -2- ��3 • n �� i� � • , ... � be ad�usted to allaa for inflation. He stated Nortel agrees to a pravis�on whereby the City, once the upgrade is canpleted, can bring in an engineer to inspect the systen to m�ke sure it meets a11 standards and codes. He sta_ted there is a performance bond to secure the upgrade and it wouldn't be released until a report is received from the engineer. NIr. Matz stated Nortel has agreed to pravide detailed annti�al and operating reports. He stated because this is a 15 year franchise, the oruinance provides for periodic reviECV sessions, the minimum at five and ten years of the francluse, or at the request of the City, Mr. Matz stated there is a requiranent for an annual subscriber survey for input on programming, billing practices, and the cos��any's response to consumer complaints. He stated Nortel has agreed to a five percent franchise fee. He stated in the event there is Federal legislat_ion or a court decision that provides the aperator doesn't have to �y the franchise fee or provide access channels, the City h�s the authority to terminate the franchise, Mr. h�tz stated there are two outstanding issues. He stated the first issue is in regard to the construction schedule. Mr. NL=,tz stated one alternative is the upgrade will be ccxnpleted by Januaty 1, 1990 or another ulternative is for canpletion within two years of the iranchise. He stated Nortel has requested the language be used for completion of the upgrade within two years of the acceptance of the franchise because of r.elays encountered. He stated staff has no abjections to this apprcach. , Mr. Matz stated another outstanding issue is the addressability. He stated there is sane feeling this could be left to the discretion of the cable operator and not set forth in the franchise. Councilman Billings asked for an e�lanation rec�rding addressability. Mr. N33tz stated addressability refers to the concept where each converter in eveiyone's home will have a unique code for a specific individual. He stated if this individual wants to watch Hcme Sex Office, he would call the cable can�ml and a code is punched in where the channel woulcl be visible for that subscriber. He stated it eliminates the need for a sesvice call to the hane. Mr. N�tz stated under the present syste�n, if an indiviclual wants Hane Bcx Office, a person fran the cable canpany w�.11 have to be sent to the hcme to acccmplish this task. He stated the advantage to the subscriber is that it is an i�iiate connection and doesn't i�olve a serc�_ce call. Mr. NI3tz stated another advantage is certain sign�,ls will be made av�ilable for a one-time fee through the addressable systar.. Council� Schneider stated he understands this is a request the City is making to the cable canpany for addressab�lity. Mr. I�atz stated this was discussed with the previous cable operator and they had a concern if the resources would be available at the time of frandzise renewal. He stated at that time, addressability was considered the � state-of-the-art, but felt since that time, theze is a tendency away fran it because it isn't "consLUner friendly." Mr. N�tz stated m�uy individuals have -3- �'� �:� �� FRIDLEY CITY (!OUNCII� MEEPING OF APRIL 4, 1988 � bought television sets and told they were reacly for cable. He stated ii the system is addressable, those channels that are scrambled will not be vie�aable wer the cable ready set and you will sti11 need the cornerter. Councilman Schneider asked if you must have addressability in order to receive pay-per-view programming to which Mr. Matz answered in the affinnztive. Mr. Abrams, legal counsel for Nortel C`able Canx�rxy, stated Nortel proposes to have an addressable system. He stated the question is if every suUscriber must have an addressable cornrerter in their. home. I-Ie stated for those who hace a cable ready set and don't wish preznium sezvices such as HBO, there wouldn't be a need to have that addressable box in their home. Mr. Abrams stated Nortel would provide a report on how they are mal�ing �ny-per-viecv available to the non-preniun subscr�bers. Councilrn�n Billings asked if he has Shaatime, HBO, and the Movie Channel, would he be requirecl to have the one-way addressability in order to receive these programs. Mr. Abrams stated the addressable converter is needed in a hane in order to receive Shavtime or HBO. Councilman Billings requestecl an �planation of two-way addressability. Mr. Abrams stated it is the capability of corn�eying from the headend to the subscriber back to the headend. Councilwoman Jorgenson asked with an addressable systan if a lockout is provided to which N�. Crip�es answered in � the affirniative. Councilm�n Schneider asked if the option to tape movies from a premiun cl�niel becanes more difficult if the addressable systan is installed. Mx. Abrams stated if an addressable syst�n is installed, an individual woulch�'t lose the ability to tape movies fran paid channels, but it woiilcl becane more difficult to tape channels while watching other programs. Coimcilman Schneider stated that could cost Nortel prani�n subscribers which is scanething they wouldn't want to lose. Councilman Schneider referred to Section 405.04, subsection 3 regarding the use of streets and stated there was a substantial �noiu�t of damage to back yards of residents in the previous cable ccan�any's rebuild. He asked if the perEoxmance bond could be used to recoup any damages which may occur. N[r. Nk'�tz stated the perPormance bond will be ava�lable, as well as the cash security funcl. �uncilman Schneider stated under Section 405.05, subsection 9D, there is a reference to driving out one-third of the syst�n each month and requested an explanation. Mr. N�tz stated the ccmpany will inspect for silnal leal�age and drive through an area for the purposes of ineasuring leakage. Councilman xhnezder stated under Section 405.05, subsection 8, there is reference that the picture will be free fran ghost unages. Ms. Matz stated � when the upgxade is ccmpleted, the City must be notified and an independent engineer could be brought in to inspect the system. He stated there are � 00�� FRIDLEY QTY O�DNCIL N�EPING OF APRIL 4, 1988 � objective technical standards which must be met and if th�s is acccanplishec�, there should be a good picture. He stated the City woulcl pay for the engineer's report if the inspection is satisfactory. Councilman Schneicler stated in Section aC5.06, subsection 2, there is e. reference that the canpany shall offer a minimum of four pay telev�sion services and wondered why thi� mnnber was specified. Mr. M�tz stated a minimLUn of four is stated as it wa� felt there should be a nunimiun level of service. Councilman Schneider felt it was a matter oi economics �nd the cable operator would provide channels which woiilcl be economically feasible. He stated he didn't necessarily want to be involved in decis�ions about progra�ning. He asked if the cable operator wanted to eliminate some channels, if they needPd approval by the City. Mr. Matz stated they could submit their proposal, but it wouldn't necessarily rEquire the Council's apprwal. Nayor Nee asked why the City is invplvec.'. Mr. Matz stated in the existing francYuse, it specifies the seivices avail�ble. He stated if the cable operator was going to delete s�ne senrices, the City may beccane ir�volved. ('ouncilrnzn Schneider stated he doesn't want to be the architect of what is praTided by the cable operator. Mr. Matz stated he didn't believe tYie � franchise puts the Council in that position. Councilman Schneider stated under Section 405,06, subsect�on 9, Nortel ls doing a fantastic �ob of covering the Council meetings, but asked if a minunwn level of cwerage shoulcl be specified, Mr. I�tz stated he woulcl ask Nortel to respond to this question. Nir, Abrams stated it becanes very difficult to legislate quality and felt this was a partnership between the City and cable company. Councilman Schneider asked if Nortel would be willing to specify if they woulcl prcvide two cameras and adequate staff to operate then. Mayor Nee stated this may not kae an issue if the City is supplying the cameras in con7unction with the ranodeling. Councilman Schneider stated Nortel cloes u gocd job, but there may be another operator in the future and felt a minimum level of seivice should be specified and perhaps mverecl in a letter. Nk�yor Nee suggested this be considered before the first reading of the orciinance, Councilman Schneider stated under Section 405,09, subsection 4C, regarding the n�er of telephone lines and personnel, he felt a specific ntunber of lines should be specified. Mr. Matz statecl it is difficult to specify the 1 rnmiber of incaning lines to be available as the need is c�fferent at vasious times. He stated more incoming telephone lines will k�e needed during -5- O��Q� .� 44 y! 1\ �J i� �: • 4�. � ". � construction and not as mar�� after the con�truccion is canpleted, A4r. Matz stated if there are difficulties, the City has trie right to request better performance. He stated if specific nimibers are established, it wouldn't work in all instances. Mr, Abrams stated it is safe to say that no other issue has taken more of his time than this telephone question. He stated last �r¢ner when there was underground work in other c�¢nunities and a new phone system, this was a sigmficant problen. He stated Nortel believes the prd�len has been solved, He stated one week there may be a lot of plione calls and the next, there may be rwne. He stated Nortel is aware of the problc3n and they do not want to lose subscribers because their service isn't adequate. He stated he believes Nortel has control over the phones and they are geared to handle the floocl of calls during the construction perlod. Councilman Schneider felt a minunun rnnnUer of lines could be specified as soon as it is ]mcwn wher the construction will be cceRpletcd. Mr. Abrams stated there will be tirnes when a minimLUn wouldn't be adequate to hand7.e the flood of calls. He stated Nortel will try to staff so there isn't a long wait. Councilman Schneider stated he is uncomfortable if there isn't a miniminn specified in the franchi:z ordinance. He stated another issue discussed was for Nortel to provide the City with the name and phone number of one oi � their executives who could be contacted after business hours. Mr. Abrams stated he believecl this inforn�ation would be provided to the Czty. Mayor Nee asked if there was a way to address Councilman Schneider's concerns, Mr, Abrams sugggested perhaps Mr. Hammerstrom should talk directly with Councilman Schneider regarding tlua issue. Councilm�n Schneider askecl under Section 405.09, subsection 4G, what credit is given for a total systan outage. Mr. Fbr�ms stated a subscriber cannot be charged for the channels he does not receive and would receive a credit. Councilman Schneider stated under Section 405.09, subsection 8B, a suzvey is required and questioned how this would be handled. Mr. Matz stated a telephone susvey has to be conducted by ar inc�ependent person engaged in that business. C'.ouncilman Schneider stated he cannot see where it is in the City's interest to mandate one-way or two-way addressability systems. He felt econom�cs would dictate to prwide the systan. Councilman Billings asked hav n�any channels are provi�ed in the nQw system. Mr. NTatz stated a m�.nimiun ca�bility of 59 channels and it is expressed in texms of Megahertz cag�bility. � Councilman Billings stated what he is hearing is that 400 Megahertz translates into cl��nels. Mr. NE3tz stated that *n*as correct and on Page 11, Section 4Q5.05, subsection 1, it states a minimun 4S0 Me�ahertz systan. -6- ��7 FRIDLEY CITY �UNCIL MEEPING OF APRIL 4, 1988 ' Councilman Billings asked about the interconnect hetween the schools. Mr. I�tz stated there isn't that cap�bility today, but it is addressed th�t the ` City may request interconnection of institutional netw�rks. Ne stated the difficulty with interconnection is it requires cooperation of a second or third cable operator. Councilman Billings stated his concern is he has constituents who live in Fridley, but their children attend school in another school clistrict and they feel slighted because they cannot watch their children's activities en television because there is no interconnect. He asked if there couldn't be coo�eration so this could be acecmplishecl, Mr. Crippes stated the institutional network is for the schools to ccar¢nunicate with each other. He stated it doesn't necessarily irean it goes out on the subscriber network. Councilman Billings asked if it could go out on the subscriber network. Mr, CYippes stated it possibly could be shavn on the educational access channel if it was brought k�ck. He stated the real intent of the institutional network is for the schools to camnunicate with each other, Councilwan�n Jorgenson statecl North Park Elementa ns• School has their own media de�rt�nent and recorded a program, but Nortel wasn't interested in shaving it. ' Mr. McHugh, Nortel (�ble Ccmpany, he stated at that time there had beer a large �nount of progran¢aing schecluled for c.�iannel 12 and they were unable to shava th�.s program due to prior requests for progra�tng. Mr. Matz stated the school clistrict is most znterested in the instztutional network for the ability to cacmlunicate within the school district and c�zith adjacent school districts for curriculum sharing. He stated there is an obligation for the Fridley cable operator to negotiate with other cable operators for the interconnect. I�yor Nee stated under Section 405.05, subsection 9B, it calls for tests to be perfornled at not more than six locations and questioned if it should read "no less than six locations". Mr. Matz stated it was felt the maxlm��m rnanber of test points needed was six for the size of the syst�n. He stated Nortel can indicate hav many test locations they want ard the City can either agree or cU sagree with the rnmiber of locations, He stated the rnnnber of test locations used to be at the discretion of the franchise avner. Councilman Billings stated he tends to agree with Mayor Nee that tl-ii_s language isn't clear. He felt from this warding, Nortel could say they would only test at two locations. Mr. I�tz stated the language should probably read tY��at these tests should be conducted at six locations apprwed by the City. ' Mayor Nee stated imder Section 405.09, Section 6D,1, he felt the late charge of $15.00 was eYCessive and that it shoulcl be a percentage of the unpaicl -7- ��`� � �� i� • . � .. � balance. Mr. Matz stated this issue was diacussed and it reflects the credit practices by Nortel as they currently charge $10.00. He stated the C�anission's feeling was this was a 15 year franchise and they wanted tc � allaa sane fle�bility. Mayor Nee stated he really has a prcblan wi_th th�.s $15.00 charge. Mr, Stouffer, Chairman of the Cable Televssion Commission, stated he believes this ordinance reflects the meetir.gs of the minds of the two parties negotzating this franchise renewal, Mr. M3rk Nelnnan-Scott, Chaixnian of the ACCW, stated under Section 405.06, subsection 8 regarding maintenance and replacement ef equipment, he felt replace c�s too vague a word, He stated under Section 405.06, subsection 8E, he felt the space that currently exists for public access should continue. Mr. Scott stated it was also felt access users shoulcl be able to use the mabile van and this itan should be added to Fxhibit E as to when it would be available and under what conditic,ns. Mr, Abr�ns stated on behalf of Nortel, he would like tc thank everyone for all their work leading to this ordinance. He stated although it isn't evezything Nortel or the City would 1ike, tnis dactunent represents 13 months of work. N� stated he also appreciated tl;e Mayar's and Council`s leadershsp on cable matters. Nir. Abrams stated as to the three it�ns mentioned by Mr, Scott, he believes the current syst�n regarcling saintenance and replacement ' of equignent is working veiy well. He stated Nortel can cite no instances where a replacanent or ma�ntenance rEquest was not honored. He stated it is the �ntent to continue to provice the space currently provided for public access, Mr, Abrams stated as far as use of the van, it is a terrible liability problan for Nortel to let others except enplayees use the van. Mr. Scott asked if this van wasr_'t available in Bloamington and St. Louis Park for access users to use. Mr. McHugh stated Nortel's first priority for the production van is to serve the City of St. Louis Park, as required in the franchise, and provisions made for �ccess users in Bloamington and Fridley to use the van. He stated there h�ve been same ACCW members that have been certifieci to use the van, but the level of activity expressed for these menUers to use the van hasn't been veiy high, except for St. Louis Park. He stated those using the van have to attend workshops in order to be certified. N¢. Scott stated in vic�a of this inforniatien, he cannot see wh�� it wouicl be a problan in Fridley. Nl�yor Nee stated it seems if the public access people get the training required, they should have access to the van the same as St. Louis Park, Mr. Abrams stated if the City deleted the requiranent for address�,bility anc� accepted staff's recommendation for a two year period for the reb�zzld, DTortel would withdraw their objection registered with the Commission � pertaining to the Cac¢nission's penalty �nol:nts, -8- �� F'RTrx.FV CITY �[7NCIL MEETIIQG OF APRIL 4, 1988 � In discussing the minimiun �y television sei�rices, Mr. Petersen, member of the Cable Television c:amlission, stated thss start_ed out with what was in the previous franchise. He stated the Crmmission wanted to mzintain some level of service to the suuscribers. Mr. Matz stated if the decision is to eliminate the �ragraph regardinq pay television �ervice, he has no problan with it. � I�yor Nee stated he felt the ccmpany woulcl be c1r�_ven by the business and marketplace. N[r. Stouffer, Chai.rnian of the C�ble Television Ca�tission, stated lt was a ptulosophical stand that this presert sexvice of four should be kept. He stated he cannot agree with Mr. Matz's statement to eliminate this �.aragraph. N�yor NEe stated this g�ragraph is in the ordin�nce because the Commission made this �ud�nent, haaever, it isn't r�tred in the franchise. Mr. Moravetz stacea two issues that were not mentioned are that the headend, the studios, and che offices will continue to be located in Friclley, He stated the other issue is that all costs itivolved with the franchise renewal will be re�mbursed by Nortel. MYPION by Councilman Billinys to close the public hearing. Seconcied by Councilman Schneicler. Upon a voice vote, a11 voting aye, Mayor Nee declared the motion carried nnanimpusly and the public hearing closed at 9:2G p.m. RECESS: Nk�yor Nee called a recess at 9:20 p.m. Nl�yor Nee recorivened the meeting at 9:30 p.m. Ali Council members were present, 2.. CI�NSIDERATION OF A FINAL PLAT, P.S. i#87-07, HP�ATfi�ER OAKS, SEING A F2EPLAT OF L(7P 16, EXCEFP TI� EAST 33 FEEP, AUDI'POR' S SUBDIVISION I3J. 92, AIVD OUTL�OT A, A�RN HILLS ADDITION, AND THAT PART OF LC7P 14, AUDITOR'S SUBDIVISION N0. 92, LIES EAST OF THE WEST THF,REOF, AND LOT 25, AUDITOR'S 15(1 FEET INCfT1DII�C A RIGHT OF WAY. Tf� EAS°P 80 E'EET OF SAID L�OT Z4, IN�LUDIIVG A RIGHT OF WAY, ALL LOCATRI� AT 59R0 STINSTON ROTTT�FVARD N_E_. BY BRICKNER RESOLUTION N0. 31-1988 APPROVING A FINAL PLAT, P.S. #87-D7, BY BRICKNER BUILDERS • ' MYI'ION by Councilrnan Schneider to r�open this public he�ring. Seconded by Councilman Fitzpatrick. IIpon a voice vote, all voting aye, N`�ayor Nee � ��1� � ' � �!_ N_44! �� l� 4��?! � • • • � ' � declared the motion carried nnan,mously and Lhe public hearing reopenec� at 9:30 p.m. Mr. Robertson, Caitnux�ity Develognent Director, revi_ewecl the stipulations for this plat presented as Exhibit A. He stated there was same concern by the Council regarding the drainage and this hearing had been continued from the Marcri 28 meeting. Mr. Flora, Public Works Director, stated tr�ere are three depressions on or adjacent to the plat, ane in the northwest, one in the n.ortheast, and one on the south and east portion of the plat. He stated the ekisting hanes are high enough so in the worst scenario, water woulc7 �ain ta the streets. He stated the detention pond for the ma�or portion of the plat would have 2.2 feet of water at the mzximlun condition of a 1D0 year storm, it woulcl then werflav the weir that runs into a 15 inch pipe into the TTew Brighton storm systan. P4r. Flora stated the weir is located at the east end of the depression on the plat property. He stated the lay cf the land is such that the ground elevation cr� 962 provides for any overflaw above that co enter Stinson Boulevard, north aE the depression between the depression pond ancl Kristin court. He stated none of the existing hcanes woulcl be affected by the o�pression or ponds to be constructed. Councilman Schneid_er asked if any grading would take place frcm what is nav existing. Mr. Flora stated nothing really silnificant. He stated the existing catch basin is about at an elevation of 961 and dr2ins to an � elevation of 964 along the curb in the street. He stated the eYisting pipe runs at an angle, then canes into the bacii of the catch basin. Mr. Wagar, 5940 Stinson Boulevard, stated there is a 6-3/4 inch fall from the bottan of the pipe to the bottan of the catch basin in the street and wondered if the pond has to cn� up that far along tY��e sicle of tY��e retaining wa11 to his garage. Mr. Flora stated the existing ground elevation by the catch basin in thac depression is about 961. He stated it is proposed to depress it to 960.4 and, as it proceeds tavards the street, it will dsop to 959.3. He stated at that point, a 15 inch pipe will be installed and connect directly to the existing pipe in Stinson Boulevard and ac-ross the street into Neva Brighton's syst�. He stated what will be done is depress a certain portion of the existing ground about six-tenths of a foot. He statecl there is some excavation in one area which will provide the storage capacity, but it doesn't affect the e�sting structures or terrain, Mr. Flora stated a drainage easement has been prcvlded along Stinson Boulevard and a ten by fifteen foot triangle is requested to be pravideci for a flav of water to the street. Councilman Schneider asked what would prevent the encra�clmient crE water onto existing hames. � Mr. Flora stated there is no change on Mr. Wa�ar's pro�rty. He stated the City would connect to the �Yisting catch basin in the street and a new pipe -10- ��A� • u �r � �� • . � ... ' installed. He stated water cannot flaa inco Nr. Wagar's back yard because the limits of the pond are 962 and the lani point is 959.3. He stated the water cannot rise above the 962 elevation unless all of Stinson Boulevasd is floedecZ. Mr. Qureshi, City Manager, stated before the water rises to an elevation of 962, it would start flowing to the north away fram the elevation of Mr. Wagar's hane walkout which is 963. Mr. John Livingston, 6060 Stinson Boulevard, asked the elevation of the New srighton pipe. Mr. Qureshi stated the pipe in New Brighton is at an elevation of 959.1 and is 15 inches in szze, flcwing to the east and th� north draaning into the ponding system. Mr. Livingston asked who would pay for implanentation of this drainac�e plan. Mr. Qureshi stated the costs would be �id by the develo�;er. Nir. Livingston stated he was never rtotified tYus plat was being consic�ered. He stated the last time the City installec3 a storm drain it was in his neighbor's yard and evexyone was billed for it. Nh. Rd:�ertson stated staff att�npts to follav the legal notice prccedure and cannot account for Ms. Livingston stating he v,ras not nctified. ' Mr. Qureshi asked Mr. L�ivingston what pro�srcy he is referring to f or wh�ch he was assessed. D'[r, Livingston stated there is a drain on the back ei tns lot and on Mr. Van Erden's property at 6D40 Stinson Boulevard. He stated that is anothei thing that probably isn't in the City's records. Mr. Hanscan, 6000 Stinson Boulevard, stated last week Councilman Schne�der suggested the City set aside scme funds in case tYv �� druinage dlc7n't work. He stated he doubts it will work, as water freezes in the winter and ranains there, Mr. Flora stated there is an 11 foot difference in curb heiyht f rom the outfall of the pond to Mr. Hanscan's property. Nh. Qureshi stated there �n*ill be funds available frorn the storm sewer assessment fee, if the Council approves the plat with the stipulations recc[[unendecl by staff. He statecl the present systan clr�sn't work because it has a shallaa pipe and a systen tl�at freezes. He st�zted this is why a pipe systan isn't used and an open systan will fw�ction better. Mr. Flora stated the proposed elevation of the pond and the adjoining structure has a 3.7 foot difference. He stated therE has to be a foct oi water that can't get out to the street before this residence would be flooded. � Councilman Schneider stated if for scxne reason there is a miscalculation, he questioned what corrective actions the City woulcl take. -11- ��° �'�D1 �: �'�,F'�' CITY COIINCIL MEEPING OF AFRIL 4, 1988 � I�. Flora stated during develognent of the plat, the City will worY with the developer on the drainage. He scated after this Feriocl, the City may go in and work on the ponds. He stated once the �n�ater get_s close to the 962 elevation, it has to go out to the street because there is nothing to restrict it as the elevation of the street is lower. 1�Ir, Qureshi stated additional easement has been reauested frcan the develo�r for further protection and provides another outlet tC the north, Mr. Briclmer stated the drainage easement will be part of the homeowner's deed and wouldn't be able to be fillecl in, Mr. Nerrick, City Attorney, stated a drainage easanent is shavn cn the plat and survey. Mr. Livingston asked Mr. Briclmer if he was satisfied in his own mind that the drainage would work to which L�. Brlclmer answered absolutely. Mr. Livingston asked Mr. Brickner if he would pay for this work and the stozm �ecver entirely to which Mr. Brickner answered in the affinnative. Coimcilman Schneicler asked Ms. Flora if he feels this drainage pl�n woulcl work to which A7r. Flora answered in the affirmative. NIr. Qureshi stated if the drainage is constructed as shavn on the drainage ' plan it would work. Mr. Briclmer �tatecl he talked to the gentlanzn who at rrie last meeting was concerned about losing 18 inches of his yard. He stated he has �t with his suzveyor and none of thts persons's property will be lost even though the line may not end up perfectly straight to the south. Celsicilman Schneider asked the estimated cost of the sto�m sewer. Mx. F7 ora_ stated the ditch, one pipe, and weir would be about $15,000. Councilman Billings stated the grades are very critical 2nd the City will have to make sure everything is canpleted to these specziications. Councilman Schneider stated he wanLed funds dedicated in case this system doesn't work. Mr. Qureshi stated the stoxm se,ver funds coulcl be eannarked, if the Council so desires. He stated the City would collect $800 per lot for 16 lots in the pl�t for a total of $12,800. Councilman Billings asked if Councilnan Schneider was suggesting the Cicy advocate a policy that whenever they approve a plat, the storm sewer assessments should be dedicated in order to correct any drainage problens. ' Councilman Schneider stated he is not advocating it, but reactir!g to previous situations where they have had problans with drainage. -� G- ��3 �mT.F'�' CITY CpIJNCII� MEEI'ING OF APRIL 4, 1988 ' Mr. Qureshi stated thi� situation is sa[�vahat unique in that N�w Lrighton's syst�n is accepting this drainage and usually drainage is all contained _ withi.n the City's system. He stated if the Council wished to dedicate funds, it prwides an additional safety factor. Mr. Qw=EShi alsa noted the City is obtairung a much larger drainage easement than what is normaliy dedicated in other plats. Mr. Briclmer statecl he is surprised to learn cf the $800 per lot fee fcr storm secver. He stated he knavs this was tY�e cost in the N�rris Lake area, but this water will drain to the N�v BrighLOii systen. Nlr. Flora stated he cU.dn't ]alav why this wasn't 2Xplzined tc Mr. Srickner. He stated the whole area has been identifiecl as a stoxm sewer area ��d would be similar to Mr. Brickner's other develognents, Creekridge Park a�zc1 �Ieather xills. I�. Herrick, City Attorney, stated Mr. Flora was correct anQ the $800 per lot for storm sewer has been in effect for at least 15 years for tliat area. He stated this is City policy and holds true for the Harris Lake area and other develognents by Mr. Brickner. N's. Brickner asked wher the stozm se,aer ussesnent had to be paid and if it could be g�id when the building permit is issued. He stated the confusion about this storm sewer fee might have arose because the storm water dsains into the Neca Brighton systen and not Fridley's systan. He stated no water � is draining into the City's systan and wondered if the $800 per lot �rtains in this case. Nh�. Qureshi stated this is a policy adoptecl by i=he City, but th�s fee could be paid at the time the building pennit is issued, if the Council so desires, Councilman Schneider stated he does not h�ve a problan with tt,is stoim sc��er fee being paid at the time the building pexmit is issued. Mayor Nee asked who prepared the drainaqe plans. Ms. Flora stated Mr. Sriclmer's consulting engineer, Mr. Dennis Brasm. Mayor Nee asked if this engineer rn,arantees the drainage plan will function as proposed. He statecl if there is a concern with the desicln, the engineer who desiqned this plan should take responsibility for lt. Mr. Brickner stated he certainly does guarantee it. He stated he would not sell Y�canes and then have then ilooded. MYPION by Councilman Schneider to close the pu}�lic hearing. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the pi.�blic hear9ng closed at 10:20 p.m. ' It was noted that the stipulatiens reca[¢nendecl by tre Pl�nning Commission for su�nission of a preliminary plat with dimensions, lot area calculations, -13- CC�r�'� ��T�T.F'�' CITY �UNCII, MEEPING OF APRIL 4, 1988 � and easanents and the submission of a stosm drair�age plan have been caoplied with by the developer. NDTION by Councilman Schneider to adopt Resolution Nc. 31-1988, Apprcving Final Plat of Heather G�aks, P.S. #87-07, with the following stipulations: (1) developer to submit a preliminaiy plat with dimensions, lot area calculations and easement prior to Council public hearing (completed); (2) developer to subnut a stoxm drainage plan prior to Council publ�c hearing (ccmpleted), Drainage construction details to be approved by staff prior to City's �ecuting plat; (3) plat to be desic�riec so as to provide for a full c�.il-de-sac with the addition of the Ettel property; (4) storm sem�er fee in the amount of $12,800 ($800 per lot) to be pazcl prior to executien of plat by City; (5) p�rk fees of $1,500 per a�ch necv clwelling tc be paid with new building permit; (6) the Ettel property to h�ve a new double garage with a driveway connec'ting to the nesv cul-de-sac, garaae to be constructed prior to the transfer oL- the avnership of the Ettel hause parcel, new driveway and turf restoration oi old driveway upon canpletion of cul-de-s�.c. A letter oi credit in the amount of $5,000 (to cwer c�utstanding imprcvanents at time of signing plat} to be submitted to the City prior to the City executing plat; (7) Briclmer Builders to furmsh a letter of credit in the mount oi $98,620 (City estimate of construction cost) to ccnrer installation of street anu utility imprwenents in the event of develognent dsfault; (8) �n inspect�on fee of five {5%) of estintiited construction cost (.05 x$98,620 =$4,931) to be �id to City prior to execution of plat_ by City, to cover street and utility inspection senrices; and (9) the City Council recognizes and � apprwes the variance for lot width oi 65 feet for ttie Ettel house parcel. Seconded by Councilman Fitzp�trick. I�DTION by Councilman Schneider to amend Stipiilation No. 4 as follcws: storm sewer fee in the amount of $12,800 ($800 per lot) to be �zid by developer as builcling pernuts are issued. These funds sha11 be dedicated t-o Decanber 31, 1S93 to resolve any potential future probl azs with this drainage system as co�istructed. Seconded by Councilman Fitzpatricic. Upon a voice vote, Councilrnan Schneider, Councilman Fitzpatricic ar.d Councilwoman Jorgenson vote�' in favor of the motion. Mayor Nee and Councilman Billings voted against the rnation. Mayor Nee declared the motion carried by a 3 tc 2 vote. UEON A VOICE VOiE TAI�T ON THE MAIN MOTION, all voted aye, and Mayor Nee declared the motion carried unanunausly. OLD BUS2NES5: 3. ORDINANCE NO. 902 APPROVING A VAC'ATION, SAV #87-11, TO VACATE THAT PARZ' OF MCKINLEY SPREET AS DIDICATED IN TI� PLAT OF A�RN HILLS ADDITION. TOGETHER 1. Y�w-`.�14:��' N MOTION by Councilman Schneicler to waive the second reading and adopt ' Ordinance No. 902 on the second reading and or.der publication, with the follaving stipulation: ttv_s v�cation is contingent upon final apprcval of the 17 lot Heather Oaks Plat (revised p1�it includes 16 lots plus balance ef -14- � ��. � ;_u �,r, �. �� u��ti�. • • • � , .. Costello house �rcel �,ais 17). Seconded �y Councilwanan Jorgenson. Upon a voice vote, all voting aye, Nlayor Nee declare� the motion carried - in� n i m011SljT. 4. G1�NSIDERATION OF FIRSP READING OF AN ORDINANCE APPROVING A #87-01, TO REZONE FROM R-3, GF'��Ai, MULTIPLE, TO C-2, GENERA L�C7I'S 23 ADID 24 ZYX��123ER WITH HALF VACATID �1T�T�Y, BLIJCK 6, FRI SAME BEING 65(l1 F.A.ST RlVIIt ROAD N.E., SY QiRISTENSEN AUTO: ZOA Mr. Rd�ertson, Ccnanumty I?evelopnent Director, stated there has been some concern regarding the amount of easement prcuided for the landscaping on the corner. He stated the Plaruiing Ca�rnission originally recommended 25 ieet and when the landscaping was ccatrpleted, stafi recommended this should be increased to 35 feet. Mr. Christensen, the petitioner, stated the request for � 35 foot easemert for landscapinc� was brought to his attention today. He stated he has a concern regarding llis sign placanent as it abuts the triangle. Ns�. Herrick, City Attorney, stated he didn't believe the sign was incompatible with the landscaping easernent and that it shouldn't be a problan. MOTIQN by Councilman Fitzpatrick to wuice the reading and approve the ordinance upon first reading with the iollowing stipulatic,ns: (li � petitioner to submit a stoxm drainage plan for staff approval with Council approval contingent upon staff and Rice Cre2k Watershed District apprwal of plan; (2) petitioner to submit a landscape �lun which ie consistent with existing landscape elanents. All landscapiiiy tc have autanatic sprinkling; (3} building facade to be consisterxt with desiqn and materials of existing structure. Fyst side of e:�isting and proposed building to be painted to match stucco; (4) Lots 21 through 29 to be co��w'-ined into one t� parcel prior to bullding permit; (5) new fencing on easterly lot 11ne to have finished side tavard residences; existing fencing to have new boards added to resiclence side; (6J petitioner to supply a seven fo�t easement all along East River P,oad for the purposes of snav storzge and si�z�,ge placanent prior to publication of rezomng ordinance; (7) petitioner ta supply a 35 foot triangular easement at the corner of Mississippi Stmet and �ast River Road for public landscaping and/or other urban design imprcvements prior to publication of rezoning ord�nance; and (8) provide appropriate access and �3Tking easanents to acccmmodate cemetery visitors. Seconded by Councilman Schneicler. Upon a voice vote, all voting aye, Ni�yor Nee declared the motion CdYT'7.2C1 »nanim011S�.Y. 5. CONSIDERATION OF A VARIANCE, VAR #87-05, TO REDUCE THE SETBACK FROM A THE SCREENING STRIP BETWEEN AN R-l. SINGLE FAD�iILY AND AN R-3, GENERAL , FEET TO 0 FEEP, Tf� SAME BEING 6501 EAST RIVER ROAD N.E., BY AUTO: -15- ��,� PRIDLEY CITY C17UNCII� N�EPIIVG OF APR�, 4, 1988 � Mr. Robertson, Crnanunity Develognent Director, stated these three variances are requested for the property at 6501 E�st River Road, Christensen Auto Body. N� stated the variances are to reduce the setback fran a residential district boundary line fran 50 to 11 feet; to reduce the screem.ng strip between an R-1 and R-3 district from 15 to 0 feet; and to reduce the screening strip between an R-1 and C-2 district frcm 15 to 0 feet. He stated the hardship cited was the narrowness of the lot mal�es it econanically uni-easible to develop lots with setbacks, and the eyistir.g building is presently set Yxzck 11 feet fran ihe property line. Mr. Robertson stated the Appeals Car¢nission revieaed this variance request on Nkzrch 3, 1987 and recc�nunended approval of ti,ese variances. MYPION by Councilman Fitzp�trick to grant these v�riances, VAR #87-05, for Christensen Auto Body, 6501 East River Road. Seconded by Councilman Sehneicier. Upon a voiee vote, all voting aye, Mayor Nee declarecl the motion carriecl unanimously. 6. CONSIDERATION OF A SPECIAL USE PERNffT, SP #87-03, TO ALLOW A REPAIR : u� �� aui�u � � a.�fIY:IZi1'iZc3;i �■�i]�9 Ai,r,F'v, BLOCK 6, FRIDLEY PARK, EXC�PT THAT PART OF L(7P 28, BLOCK 6, FRIDLEY PARK, THE SAME BEING 6501 EAST RIVER ROAD AND 6509 EAST RIVER ROAD, BY 1 CfIRSS°PENSEN AT]`I'O: Mr. Robertson, Community Development Director, stated this speci�l use permit involves allaving a re�ir garage, with exterior storage of materza�� and r�n,;Fxnent, and allaving an autancbile �rking lot c�r_ residential ]�nd ad�acent to the pxincip�l use. He stated the special use pern-a t involves Lots 23 through 28, but not Lot 29 which is used for a c�netery. Nh. Pwbertson stated the Planning Ccnunission at their March 11, 1987 meeting recrn¢nended approval of this special use permit with 11 stipulations as shorm on Page 6F' of the agenc7a. hiYPION by Councilman Fitzp3trick to grant special use permit, SP #87-03, with the follaaing stipulations: (1) special use £or repair garzge is issued for re�ir and refurbishsng of autcenobiles within the existing and proposed structure only. No outside work, other than mwing of veh�cles, is allaaed outside of the building on Lots 21-29; (2) petitioner tc install two new da�*n draft filter syst�ns to miiiiunize odors fram painting operations; (3) hours of operation limited to 7:00 a.m. to 10:00 xsn. sub�ect to review by Planning Ccnnnission should there be neighborhood ccgnplaints; (4) speci�l use peimit for re�ir garage is subject to approval of rezoning to C-2, General Business, on Lots 23 and 24; (57 special use ior outsicle stor�ge is issued for storage associated with the principal use on Lots 21 through 24 cmly for present and subsequent avners; (6) storage yard shall be fully ' screened with a solid eic�ht foot high cedar screening fence with op?que gates. Northerly �st c�ate to be closed when not mwing vehicles; (7) cars which are leaking fluids will be drained prior to starage; (8) special use -16- �'�€!�.'7 CITY CIXTNCIL MEEPING OF APRIL 4, 1988 ' for vehicle paY'king is for custcxner and employee parking assoclated with principal use on Lots 21 through 24 enly ior present and subsequent avners. No storage of damaged cars or �Ttc Z.1lavecl outsicle of building or storage yaxd; (9) parking and storage �ea will be constructecl in a manner which respects the existing canetezy, and saves all �isting trees not located in future �ved areas; (10) lot 29 to r�n�in as green area to provide bufierir_g and an access easement to the canetery; and (11) two dricecvays allowed onto East River Road only, others to be closed. Seconded by Councilman Schneid_er. Upon a voice vote, all voting aye Nrayor Nee decl�red the motion CaYY'12C1 llnani mpUS].jT. � J i. a �NSI�ERATION OF SEITING A A7BLIC NFAR7ix= FOR AN ORDINANCE AME3VVDING SECTION 2.03 OF THE ERIDLEY CITY CHARTII2: MOTION by Councilman Billings to table this item until the Charter Cott¢cussion ccmpletes its study of the Charter and recrnunends other changes. Seconded by Councilman Sch�ider. Upon a vo�ce vote, all voting aye, Mayor Nee declared the motion carried unanimously. ITEM FROM THE PLANNING COAMIISSION NIINUTES OF MARCE3 9, 1988: A, WNSIDERATION OF A SPECIAL USE PERNffT, SP #88-03, TO ALL�Of^7 RETAIL SAI�ES OF N1�BILE HOME AND R.V. PARTS AND ACCESSORIES TO ALS,OW 't�:X`I�.'RIOR STORAGE OF MATERIALS AND �UI�FI' ON T�(7P 1, BLOCK �l, HE�N7AL RIC� CRREEK TERRACE, THE SAME BEING 6400 CE[�7PRAL AVENUE N.E., BY FR71NK KITPERMAN• NL, Rnbertson, O�nnunity Develognent Director, stated thts request is for_ a special use Fermit to allaa some retail sales in an industrial area and allaa outside storage located within a fenced starage yard. He stated the Planning Cca¢nission reviewed the request on March 9, 1988 and recommended approval with stipulations. He stated staff has m�de sane changes to these stlpiilations to �ke than more speciEic. Councilman Fitzp�trick asked if it was clear there woulc7n't be any storage of vehicles for sale. Mr. R�ertson stated L-his coulcl be cl�rified in the stipulations. Cpuncilman Billings requested an explanation of stipulation No. 6. Mr. Rd�rtson stated at the tune the owner initiates the camper business, or prior to N�arch, 1989, this special use pennit for outsicle storage will be reviewed in order to cover the problem the Council is concernecl abcut whether there will be visible display of veh�cles for sale. Ns. Kittermar, avner of the property, stated in regard to stipulation No. 10, it is basically to what they have agreed. He st�ted the prcperty has high �nd laa points and there are sane residential properties behind. He stated there is no way they could absolutely provide an area for the campers where they would not be seen wer the fence. He stated frrni the street side, the eight foot fence should provide adequate screening so the campexs woulcl not be visible. Councilman Fitz�trick stated his concern �s not with campers �ehind the -17- ��'��r.� • 1� ��iJ�. 171 � • ' � , fence, but auy displays out in front of the buildircg. Mr. Herrick, City Attorney, felt a stipul�tion coulcl be added stati_r_g all retail sales and storage shall be with�.n the fenced area. A lady in the audience stated she had a concern about vehicles outside the storage area and asked if recreation veh�cles woulcl be maintained and repaired on khis site. Mr. Kittexniau stated if they enlarge the bus�ness and sell campers, he felt they woiil d need to senrice those units. N� stated any servicing woulcl be done inside, with no work outside the builrhng. The question then arose if Mr, Kittern�an would be o�eratir_g a garlge. Mr. RQbertson stated this special use penru t is for outside stor�ge only. Mr. Herrick, City Attorney, stated this particular special use pexmit is only for outside storage. He stated if Mr. Kitterman is going to have various businesses going on within the building, it is up to staff_ to detexmine if the use is permitted with�.n the zoniny and whether any speclal use pezmits are ra�,;red. He stated he doesn't believe this special use perm�t cwers any activity �cept to allaw the outside storage and if there is to be a reFair garage or auto senricing, anothex special use peizrat would be required. , NYYPION by Councilman Schneider to grant specia7 use pernut, SP #88-03, wi_th the follaving stipulatiens: (1) redesign p�rking lot with concrete curb and gutter, striping and setbacks as indicated on City plan dated January 26, 1988; (2) install autanatic sprinkling, bernung and landscapina as indicated on City plan dated Januasy 26, 1988; (3) install decorative eilht f oot high fence along east of storage yard as indicated on City plam dated Jarn��iy 26, 1988; (4) install new eic�ht foot hic�h decorative fence setback ten feet fran west property line and plant trees 30 feet on center in said setY�ack_; (5} refurbish north, south and west fence adding sl�ts and vines as needed and approved by staff; (6) special use for autsicle storage to be reviewed prior to such tune as avner initiates camper business or prior tc, M� rch, 1989 wh_chever canes first (SUP lapses if r�t used within one year� ;(7) a.vner to work with City to design an acceptable building facade upgrading plan; (8) noise to be n�anaged to minunize adverse imnact on adjacent property; (9} storage area lighting should provide for cut off at property lines; {10) no storage will �tencl abwe the fence so as to be visible from grade level outside of �=�rd; (11) all landscaping ancl s�te work to be completed by Octd�er 1, 1988; and {12) a perfozmance bond er letter aP credit for 520,000 to be s�.�nitted prior to initiating activ�tiee covered by the speci�l use permit. Seconded by Councilwa7an Jorgenson. NLYPION by Councilman Schneider ta amend st�pulation No. 6 as follows: (6) special. use for outside storage to be revie,aed prior to such time as owner imtiates camper business or prior to March, 1989 whichever canes first and each six months thereafter until March, 1991 (SUP l�pses if not used within ' one year) and to add stipulation No. 13 as follaas: all outdoor di.splay and retail sales and storuge shall be within the fenced area. Seconded by -18- ��„� - �. .. . �� . . • • . � Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Dlee declarecl the motion c�rried nnan;mously. UFON A VOICE VdPE TAI�7 ON 'P!-IE MAIN MOTION, all voted �ye, and M�yor Nee declared the motion carried unanunously. 9. CONSIDERATION OF A QUIT CLAIM DEED FOR RELEASING THE PREPLAT ROADWAY Fr.�.�nm FOR UNIVERSITY AVENCTE SERVICE ROAP: Mr. Flora, Public Works Director, stated this� is to correct a survey error. He outlined the area where the road was located and stated the aligrmient had changed sane,ahat frcm 1978 to 1980. He stated when the Caba Realty plat was platted, the error vaas rever ciiscovered, havever, when the property was to be sold, the discre�ncy was found. Councilman Billings asked if it was necessaxy to acquire some property on the other sicle of the rcx�d. Mr. Flora stated the City h.as the easement for the full width of the road even thouqh the line has sYnfted to the vaest. Ms. Herrick, City Attorney, statefl the City has the necessary easement by virtue of the plat. He stated he understands that prior to the plat, the aaner gave an easeinent to the City and the cas�nent is as described in the quit cl�un deed shavn on Page 9A of the agenda. He scated the properYy was platted at a later date and the easement shavn on the plat varied slightly fran the easement given to the City before the plat. He stated the � Nortliwestern Orthopedic Surgeons medical �oup who purchased the property has made inquizy about mortgages and the mortgage company raised the question that the easenent given prior ta the plat and with the plat are not identical. He stated in order to obtain fin�ncing, the mortgage company wants this cleared. NLYPION by Councilman Billings to authorize the Maycr and City Manager to e�cute this quit claim deed. Seconded by Councilman Fitzpatrick. Upon a voice vote, �11 voting aye, Mayor Nee declared the motion carried tinanim0115ly. 10. Q�NSIDERATION OF SEI'PING A HJBLIC HEARING F'OR APR1L 18, 1988 FOR THE REPLAT OF SHORENKIOD PLAZA IN ORDII2 TO �RRECT RIGHT OF WAY ALIGDII�IQ�TP DEFICIENCIES, Ar,r, G�'RAr.r,y �,ATID TO THE NORTH AND SOUTH OF RICE CREEK ROAD BEZ'WEEN HIGHWAY 65 AND OLD CENPRAL AUENUE: Mr. Robertson, Ccmnunity Develognent Director, stated the petitione� has requested postponement of this item. The Council, therefcre, took no action. 11. �NSIDERATION OF SE'PPING A PUBLIC HEARIIQG E'OR APRIL 18, 198$ FOR VA('ATION OF THOSE P[TBLIC RIQ3T OF WAYS AND F'ASFA�F''IVI'S SNCLUDID IN THE PLAT OF SHOREWOOD Pf.A7.A AND NOT INCLUDID IN Tf� REPLAT OF SHOREWCOD PLAZA: � Mr. Rol�rtson, Cacrtnunity Develognent Director, stated the petitioner has requested postponement ef this item. ihe Council, therefcre, took no action. -19- � � � 12 `�`� 'k'+ 9� � FRIDLEY CITY C1�UIVCII, N�EPING OF APRIL 4. 1988 �NSIDERATION OF APPROVING SURVEYORS (�RTIFICZ�TE OF �RRECTION TO THE PLAT OF SHORET^IOOD PLAZA: Mr. Rabertson, Cai¢nunity Develognent Director, stated several errors were founcl in the plat at the time it was to be recorded at the County. He stated in an effort to e�cpechte this process, the City Attorney and staff met with the developers and Anoka County representatives and zt was agreed the City Attorney would ca�¢nence proceedings to have this corrECted. He stated in order to a11aN the developer to proceed with the mortgaging, it is r�uested the Council approve this Suxveyors Certificate of Correction to the plat of Shorewood Plaza. MYPION by Councilman Schneider to apprave the Suzveyors Certificate oi Correctivn to the plat of Shorewood Plaza. Seconded by Councilwoman Sorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion CarY'12C7 l�nan i m011SlY. 13. RECEIVIIVG THE D'IIDII9ESOTA DEPARTMENP OF TRANSFORTATION'S LETTER, DISTRICT 5, DATED MARCH 10, 1988 RE: ��'i' ON TFIE I-694 NOISE ISSUE: M7PION by Councilman Fitzp�tric]c to receive this letter fran W.M. Crawford, District Engineer, dated March 10, 1988 regarding commitments for sound control for area N6. Seconded by Councilwaman Scrgenson. Upon a voice vote, all voting aye, N�yor Pdee declared the motion carried unanunously. 14. CONSIDERATION OF REC�IVII�TG BIDS AND AWARDING Q�N`IRACP 'IC) DAILEY CONSTRUCTION ��1ui74�'I Mr. Aldrich, Fire Chief, st�ted tlu s project was rebicl and eiyht bicls were received for the satellite fire station. He statecl the laa biclder was Dailey Construction and it is recommended this bid be accepted, with the soil correction, and chinu�ey deletion for a total of $171,3D3. MOTION by Councilman Schneider to receive the followting bicls for canstruction of a satellite fire station: I��h i. • � • Ikziley Constructian 8510 Central Auenue N.E. Minneapolis, MN 55432 Cottonwood Ccnstruction 9240 Cottorrwood Lane Nlzple Grwe, MN 55369 S�raungel Construction, Inc. 19491 - 1D9th Ave, N. Hanover, MN 55341 Bnclmer Builders SOII, DELGCP BUILDInTG WRRECPION CHII�INEY `ICYPAL BID $157,900 $15,460.00 $2,D57 $171,303.00 $167,740 $16,E75.50 $1,300 $183,115.50 $169,500 $18,020.00 $1,400 $186,120.00 -20- � � FFtIDLEY CITY COUNCII, NIEETING OF APRIL 4, 1988 6230 H�.gtnaay 65 N.E. #104 Fridley, MI�T 55432 Mexrimac Canst. Co., Inc. 1409 - 159th Ave. N.E. Anopka, MN 55304 David N. Voll�nann Const. P. �. Box 126 Circle Fines, MN 55014 R/Con Construction Co. 2593 Ralph 5t. White Bear Lake, MN 55110 KM Builrling Ccmp�riy 1620 Central Ave. N.E. Minneapolis, MN 55413 Artic Electric, Inc, 2632 8th Ave. No. Anoka, MN 55303 $170,299 $17,006.00 $2,160 $1&5,145.00 $184,453 $20,229.00 51,325 $2D3,357.00 $197,940 $2D,300.00 $1,900 $216,340.OD $207,000 $15,460.D0 $1,700 $220,760.00 $207,180 516,500.00 51,30U $222,380.00 Bid Electric Only - $7,929.00 !�� Seconded by Councilwanan Jorgenson. Upon a voice vote, ali voting aye, Mayor Nee declarecl the motion carriecl unanunously. Mr. Aldrich stated the soil correction area vaas ex�nded as �t was felt �t was in the best interests of the City resulting in an increased ccst oi about 66o. NDTION by Councilman Schneider to award this bid for construction oi the satellite fire station to the lav bidder, Dailey Construction for $157,900 for the builcLng and $15,460 for soil correction, less chimney deletien of $2,057, or a total bid of $171,303. Seconded by Councilwaman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee decl�red the motion carried t7na n i mO�l�r. 15. CS�AIMS: MYPION by Councilm�n Schneider to au�horize payment of Claims No. 19595 through 19733. Seconded by Councilman Fitzp�trick. Upon a voice vote, zll voting aye, IN�ycr Nee declared the motion carried unan,mously. 16. LIC�TS�S• MYPION by Councilman Fitzp�trick to approve the licenses as submitted and as on file in the License Clerk's Office. Seconded by Councilman ScYmeicler. Upon a voice vote, all voting aye, Mayor Nee declzred the motion caried unanimously. � 17. ESPINIATES• -21- �, %�u i b f: c� FRI�LEY CITY OOUNCII, N�PIlVG OF APRIL 4. 1988 � NLYPION by Counci]man Schneider to apprwe the estimates as subicdtted: Gammon Brothers P.O. Box 83 Rogers, MN 55374 Springbrook Nature Center Fbnd Imprwanent Project #173 Est�.mate No. 5 . . . . . . . . . . . . . . . . . . . $ 17 , 286 .Ol Shank L�chaxi:i.cal 3501 - 85th Av.e., N. M�.nneapolis, MN 55443 Repair of Coa¢non� Park Filtration Pl�nt Pro�ect #164 Estimate No. 7 . . . . . . . . . . . . . . . . . . . $159,601.00 Seconcled by Councilwanan Jorgenson. Upon a voice vote, all voting a�-e, I�yor Pdee declared the motion carried unanunously. r • iia MOTION by Councilwoman Jorgenson to ad�ourn the meeting. Seconded by Councilman Schneider. Upon a voice vote, a11 voting aye, Mayor Nee declared � the motion carried i�nan�Tnously and the Regular Meeting of the L'ridley City Council of April 4, 1988 adjout�ried at 11:20 p.m. Respectfully submitted, - � ' ` �� -r�- ��--L �'��' Carole Haddad William �T. c-e Secretaxy to the City Coimcil N�ayor s,.• • -. � -22-