01/21/1985 - 00012049C�
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The Regular neeting of the Fridley City Council was called to order at 7:35
p, m. 1� Mayor Nee.
Pr Rrr,E OF ALLEGIANCE:
Mayor Nee led the Coimcil and audienoe in the Pledge of A�.legiance to the
Flag.
ROLL CAI.L •
D�NBERS PRESFNT: Mayor Nee, �uncilman Goodspeed, Councilman
EYtzpatrick, Cbuncxlman Schneider, anci Cpunczlman
Farnette
NIENBEP�S ABSIIVT: None
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Councllman Schneider requested that on Page 8, under the Associal-ion of
Metropolitan Munici�.a].ities, the word "Delegate" be added ait�r Co�uzcilnan
Fitz�trick's name and the word "Alternate" be added after Councilman
Goodspeed's name..
NCYrION b3 Councilman Fitz�trick to approve the minutes with the above
addition. Seoonded }� Cnuncilman Barnette. Up�n a voiae vote, all voting
aye, NL�yor Nee declared the motion carned unarumously.
ADOPTION OF 11GII�IDA:
NDTION i� Councilman Schneider to adopt the agenda as sut�rnitted. Seconded
L� Cnuncilman Goodspeed. Upon a voice vote, �7.1 voting aye, Mayor Nee
declared the motion carried unamnously.
OPFN FORUM. VISITORS:
Mr. Ed LaTUff, Superintendent o� Park Rangers for Anoka County, appeared
before the Council to introduoe hunself and statep he hoped to be able to
serve Fridley and the Iblice Degzrtrnent well.
Ms. IaTuff stated he is enployed as a�rt-tir€e law enforoemenL person wLL-h
the Anoka County Parks. He stated the rernaimng �rk ranqer personnel are
temporaxy, �rt-time persons with about 30 Enployed in the s�u:uner and 1Q in
the winter months. He stated these �eople are not lioensed palice ofiicers,
but their �ob is to assist people in using the �rks properly.
Councilman Schneider asked what power is yiver: to the park rangers. Mr.
LaTUff stated they wuld make a citizen's arrest, haaever, if he was in the
area he would respond to their call. I-?e stated, frequently, local 1aw
enforcenent personnel wi11 respond if arrests are to be made.
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Mr. I•aTuff stated they presently have three vehicles which they use in the
�iarse of thezr duties and have tao more vehicles on order. He stated the
�xzrk rangers have tw<rway and handheld raclios and are eqtupped to handle any
iirst aid.
Mr. LaTuif s�tated in the event i:he Council had any questions or problems
related to the �rk �trol, they should �ss this informatian along, through
1-he 1x�lioe De�rtment, and eveiy attempt wi7.1 be made to obtain answers for
then.
Mayor Nee than}:ed P�Ir. LaTuff fox his visit and explaining the position of
the �rk ranyers.
Mr. Glenn Baron, representing Blue Bell Ice Cream, agpeared before the
Council regarding the operation of their ioe cream truck� in Fridley. Mr.
Baron stated they have o�erated their ice cream trucks in Fridley for the
�st severai years durang the sLUmner months. He stated last year they were
in£ornled they were in violation of a noi� ordinance.
T�7r. Earan staiec� Blue Bell o�erafes 35 ice cream trucks in the metropolitan
area and several other Qommunzties have changed their ordinances in order
�or than � o�rate their buszness. He requested the Council consider such
an anench�ient in order to allow then to be able to operate a truck in
Fradley. Mayar Nee auvised Mr. Baron it would be appropriate for him to
fonaard a letter outlimng h�.s request.
Councilman Fitzpatrick state�+ he had talked to Mr. Baron and his
recommendation was for h�m to contact the Etnrironmental Quality Crx�unission.
Mr. Qureshi, Ca.ty P%�nager, statec� it nay be appropriate Por Mr. Baron to
sutmit a letter wi?ich c�.tes e�unples of ord�.nances that have been chanyed in
neighboriny coimmmities and tYeis request wuld be sul�nitted to the Plamm�g
Conmtis�ion. fIe statec] there was wnoern about the safety of the children,
the ur.LxZCt on other businesses in the Caty, and the errvirornnental problen of
noi�.
Mr. Baron stated he would sulniit a letL-er wYaich outlines hi� request.
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M7PION 1� Councilman Fitz�trick to waive the read�.ng of the public hearing
notice and open the public hearing. Seoonded l�� Cowlcilman Schneider. Upon
a voice vote, all voting aye, Mayor Nee declared the motron carried
unammously anc� the public hearing oper�d at 7:47 p, m. NIr. Qureshi, City
P�nager, staL-�d this orc]�.nance really �esn't requi.re a�ublic hearing, but
stafr f�lt it was important to yet public input on this proposaL. He stated
1nPormatian regarding this hearing was published in the newspaper and
articles appeared in the Friclley Focus and the G.ty's newsletter to inforni
resiclents about the hearing on the stcarm drainage utility system. Mr.
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Flora, Public Works Director, stated in 1982 the State �ssed iegislaf:ion
regarding management of surface water. He stated this resulted in �he
format,ion of a riew water mar�agement orgamzataan, as w�l as develo�nent oE
regional and local plans to identify prob3�ns.
NJr. Flora stated, in reviewing the requirenents of the State, seven items
wete addressed. He stated these were: (1j the age of the storn water
system; (2) protecting the investment the Clty has Zn tY�is system; (3)
iticreased land developnent, �4� env�ronrnental concerns; I5) the State
� mandate for storm water management; (6) recnarging ground water acquif-ier;
and (7) the e��u table distribution of m sts.
Mr. Flora stated, currently, the storm water system is rnaintained tnrough
property taxes. Nlr. F'lora stated many properties, because of their size or
type of develognent, contnbute more runoff rhan a noxmal residenu�l lot.
He stated it is pro�sed to adopt a utility that would pro-rate the cosL of
storm water to tha>e users. He stated in order to establish an equitable
tee for all groperttes, several groups have been created according ro the
typc or properi.y anci the amount of storn� water they contriY�ute. Mr. Flora
stated the six groups established were as follcws: (lj sing3e f-anily homes
and duplexes; (2) cemetenes; (3) gx�rks; (4) schools and canununity centers,
(5) multiple family dwellings and churcl�es� and (6] commerci�l ancl
industrial pr�perty. Mr. N'lora stated a Resldentia7. �u�.valency Faetor was
established and the amount per c�uarter eacn group would pay is k� sed on tnis
factor. As an example, he stated the rates for single family homes or
duple�s are $5.25 per quarter per REF acre. I?e statec;, basec� on the fact
that there are about three single family iiomes or dup�exes per acre, ttie
cost would he $1.75 p�r quar�er. He statec� each of lxie groups is assa�ec� a
REF to determine theix quarterly cost for thia storm drainaye utYilty
syst�n. Mr. Flora stated ii aaners of properties have necessary on-site
facilities which unprove water quality and maincain preconstructron outL-.Law
rates, they can apply for a reduced f��.
Co�cilman Fitzpatrick asked if this appxoach would generate mom es to
� rnaintai.n the creeks.
Mr. Qureshi, Ca.ty Manager, stated he felt it would allaa the use of sorne of
the fLmds to take swne preventive measures co help alleviate the problems.
Pe stated, however, if there are any im�rovements to be made, he would
reooirunend the assessment method. He scaLed thzs f�md wo��].d, essentially,
ma�.ntain and re�ir the existing facilities.
Councilnzan Schneider asked if this fund would be used for any type oi
dredging of ponds or open clitch matntenaizc�.
P�r. Qureshi stated he felt this was in the sarne cater,ary as maintaininy the
storm 9ewer pipes and funds wuld be used ior this pur�se.
Counra.lman Schneider stated the maintenance of the stern� water system is
currently being done with mon�.es fran the General F�u�d and askea the reasa�s
for having this utility fund.
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Mr. Qureshi stated the City collects only so much in property taxes and
there is always the question of griorities. He stated it seems mair_tenance
items always receive a lower priority and, considering the storm sewer
systern's age ancl tlze State maridate for oontrollinq r�moff. it is inportant
to previde aderuate care ancl maintenanoe. He stated it is felt this method
of ok�taimny �imds to maintain the system would be fair and equitable as
each property would k�e �ying their fair share accordulg to the arnount of
water generated on the�r pro�erty. Mayor Nee stated the system was built 1�
asses:ment and the City really can't go kxZCk and start all over again. He
stated he felt the City would also faoe the same probl ans in the future with �
the sa.nitary sewer systern. Councilman Fitz�trick stated he hoped the
creeks would also be ma�.ntained, as well as the storm sewer piping, because
they have been used in the same way. Councilman Schneider askecl if ai�y
izxput has been rec�eived fran any of the businesses. Mr. Qureshi stated this
has been given heavy publictty, but there hasn't been any response.
Councilmar? Barnette stated it has to be known that this money woulc� kae
clearly set asic?e for the storm drainaae utility system. Mr. Qurestii stated
if this proposal. is ado�ted, the oost to maintain the storm drainage system
wo�zld be eluunated in the General E'und budget.
Nlr. Irmian, City Qerk, stated it would also require a resolution by the
C'.,ouncil in order to transfer any of these funds to another fund.
No persons in the audience sgoke regarding this proposal for a storm
drainage utility charge.
NDTION I� Councilman Barnette to close the public hearing. Seconded by
Councilman Schneider, Upon a voioe vote, all voting aye, Mayor Nee c�clared
the motion carrit�l unammously and the public hearing closed at 8:10 �a.m.
OLD HUSINESS:
2. ORDIi�lANCE N0. 825 AMEI�IDING SECPION 4.06 OF TEIE FRIDLEY CITY QTARTER: �
1WDTTGN 17y Councilman Fitz�trick to waive the second reading of Orr3inance
No, 825 arid adopt it oii the seca�nd reacU.ng and order publication. Seeonded
I� Co�cilman Schneider. Upon a voice vote, all voting aye, Mayor Nee
declared the motion carried imarum�usly.
3. �7NSTDERATION OF CITY COUNCIL APPOTNTN3ENTS TO THE ENVTRONNIENTAL DUALITY
CbMMISSI0I3 AI�IIJ IIUMFIN RESQURCES O�MMISSION (TABLED 1/7/851 :
MOTION 1� Cbuncilman Barnette to table these appointnents. Seconded by
Councilman Fitz��trick. Upon a voice vote, all voting aye, Mayor Nee
cleclared tkie motion carried unammously.
4. CONSTDERATION OF AN AGREEMQVT BE,°iWEEN DAY'1'ON HUDSON O�RPORATION AND THE CITY
OF FRrDi�Fy g�,AR ING T�' VA A ION [�ID RFTtX�AmrON OF ABLE �FF`i':
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ORDINANCE N0. 826 VACATTNG PART OF ABLE SZI2EET:
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Mr. Qureshi, City Manager, stated Target has an optian on property wesc of-
their e�sting warehouse for expansi.on and their �lans wouid call foi the
relocation of Ab].e Street. He stated plans have not been finalized, but
wouLd like apprwal of the agre�ient in order te prc�c�ed furtkxer.
Mr. Qureshi stated the Council held a public hearing on the proposeci
relocat�.on of Able Street and there were r�o ob�er.tions.
Mr. Eugene Link, attorney representing Dayton Hudson Corporation, stated
� they would like the sewnd reading of the �xclinanc� to vacate Able Street,
sub�ect to Dayton Hudson and Target conplyu�g witt? ail tLe rexms of the
agreement. Mr. Qureshi stated, with the vacatlon of Able Szreet, I�ayton
Hudson would be respansible to provide an �l.ierr�zte access =r�n 7"�rd Avenue
to Locke Park. Mr. Qureshi questioned if Lk�yton Huclson wanLecl the street
vacation now. Mr. Link stated a.t is his �mclerstancv.ng che orchnance Lor the
vacation had been changed so the vacation would l�e s��b�ect to tY?e agreemenL
and provides the vacation actually wouldn't revert to thern untzl the
replacement street has been oompleted.
A7r. NEtankvz, representing the City Attorney's oi�7ce, sL-ated the vacation
wouldn't occur until the terms of the agreemenc are rnet. He stated he
�derstands this would be a hinding agreFrnent and neither party would be
able to get out of the terms. He stated this provides assurances zo Day ton
Hudson that they will be able to have the street vacacecl.
NDTIUN }� Cnuncilman Barnette to authorize the Mayor and City Manager to
execute the Street Relocation AgrePment wa.tl� tl?e Dayton Hudson Corpor�tion.
Se�nded l� G�uncilmaz! Fitzpx�trick. Upon a voice vaie, all votiny aye,
Mayor Nee c]�clared the motion carried unani.�ously.
Ni7TI0N lx Cr�uncilman Schneider to wa�.ve the secand reacU.ng ot Orcltnance I�Io.
826 and acbpt it on the sewnd reacltng anci orcler pu�lication. Seconded by
Co�mcilman Goodspeed.
� MYPION 1� Councilman Schneider to amencl tYie above Ordinaiace No. 826 by
adding Section 2 as follav�s: "The vacaiion of �id street is made sub�ect
to the terms and conclitions of that c;ertair� street relocation agreeraent
entered into between the City and the �ayton I3uc7san Corpr�rauon ciateu'
Janaary 21, 1985, Fuxther, to ren�miber pre�ious SecLlon 2 as Seccion 3.
Seoonded l� Councilman Goodspeed. Upon a vozce vote, a,ll vo�ing aye9 I�?ayor
Nee declared the motion carried unammously.
UFON A VOICE VC/PE ^1Ah'EN �d 'II3E D41I�I Nf�TION, al.l votea aye, aizd Mayor N�e
derlared the motion carned unamrnously.
N�W BUSINESS•
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MOTION by Councilman Schneider to waive tkie reading and a�prove t�?e
orch.nanc�e upon first readinq. Sewnded 1� Councilman Fitz�txick. Upon a
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voice vote, all voting aye, Mayor Nee declared the motion carried
unammous7.y.
6. RESOLUTION N0. 7-1985 DEEMING MTNIMAL NEED FOR SPECIAL AND EXPRESS
REGUI,ATION OF CERTAIN SAUtQAu:
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O�NSSDERATTON OF FTg�'j' �InT(� OF AN ORDINANCE REODDTF'yT� � FRTDLEY CTTY
QODE BY P,MEAIDING Q3AP'PER 116 EI�TITLID "PUBLIC SANITATION FACILITIES" SECPION
116•02:
Mr. Newman, re��re�enting thE City Attorney's office, stated the purpose of
fhi� resolution and orcu.nance is ta exempt certain saunas from licensing
uncler Cha�ter 125. He stated saunas, which are operated in con7unction with
swiimning poal facilities, have restrictions as far as hours of operation on
i:he pool and it seenis the saunas also follaa these same requirements. He
stated to require them to be regulated under Chapter 125 is probably
redundant.
Mr. Qureshi, City P4anager, stated he would recomnend the first reading of
this ordinanoe and if the Council wishes, additional information could be
provided before the seoond read�.ng of the ordinanoe.
ADTION try O�unc�.3man FYtz�atrick to aaopt Resolution No. 7-1985. Seconded
by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee
declared the motion carried unammously.
NDTTON ky Counca.lman Schneider t� waive the first reading and approve the
ordinanoe upon first reading. Seconded by Councilman Goodspeed. Upon a
voice vote, al.l voting aye, Mayor Nee declared the motion carried
unani.mously.
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Mayor Nee stated the Park and Recreat�.on Conmmission reconunencied the ne�v �rk �
on the R�.oe Creek School s�.te l�e named Creek Ribge Park.
NDTTON i� Councilman Scnneider to concur with the tmammous recommendation
of the Park anc� Recreati.on Commission in naming the new park in the Creek
Ridc,ye Plat as Creels P.idge Park. Seaonded 1� Councilman Barnette. Upon a
voice vote, a].1 voting aye, t4ayor Nee declared the motion carried
unammously.
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M�TTOid 1� C:ouncilm�n Fitzg�trick to apprwe the lease agreenent with the HRA
for property at 214 Nlississippi Street. Seconded by Councilman Barnette.
(bur?cilman Barnette statec� he reoeived a lot of favorable oonunents regarrlin9
this liquor store.
P7r. Trunan, C7ty Qerk, stated sa].es are up $68,000 or 71� from last year.
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U1Z7N A VOICE VOTE TF�I�N �i alE ABOTE MDTIOIV, a11 voted aye, and Mayor ldee
declared the motion carried unanimously.
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M�TICHJ k� Councilman Schneider to apprwe Change Order No. 3 fer the Friclley
Garage and Storage Facility in the amount of $56.436.25 wzth b9onette
� Construction, 7nc. Seoonded b� Counciirnan Gco2ispeed. Upon a voioe vote, all
voting aye, Mayor Nee declared the motion carric� unarnmo«.sly.
10, RESOLO^lION N0. 8-1985 APP1d�VING Tt� PRELIAIINARY LAYOUT FOR IMPROVING I-694
BETWEEN T H lOD AND I-35W AA7D REOUES^1ING CERTAIN DESIGN FEATURES BE
r�ppgu�gA�p 7prrY� � QONSTRUGTTp� pL�NS:
M�TION I� Councilman Schneider to adopt ResoSUtion tdoo 8-1985. Secondecl by
O�uncilman Barnette.
Councilman Sc:hneider asked Mr. Flora if he thau�ht the Caty would be given
the itenis requested in this unprwenent.
Mr. Flora, Public Works Director, stated tYie raruest ior the bikeway/wali<way
rie felt would be in�rporated into the plans as Brooklyn Center also made a
similar request. He stated he £elt the noise levels kro��7.d not �e addresseci
due to the oost and need for additional riglzt-of- way. UPON A VOIGE VC�TE
TAI�T Q�I 'II3E ABoJE NDTION, all voted aye, and Mayor Nee declared the motlen
carnecl unamraously.
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� NDTIUN l� Co�cilman Barnette to acbpt ResoluL-ion No. 9-1985. Seconded by
Councilman Fitzpatrick. Upon a volce vote, a11 voting a�re, Mayor Nee
declared the motion carried unammously.
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Mr. Qureshi, City Manager, stated the State has manc�ted cities ro corne up
with a compaxable woxth study to be completed in Gctalaer. N`ir. Oureshi
stated 52 suburban communities have banned together to have tl�is study
oomgleted on a �oint lx�sis and �npla�ed Control Data Bu.siness Advlsors, In�.
to unc�ertake the study. He stated the cost for Fra.�ley's partici�-�tion
would be $3,000 plus a charqe of $35 per en»lc�yee or a total oP $7,365.
NllTION by Councilman Fitz�atrlck to ado�t Resolution Na. 10-19F35. Secondec�
by Councilman Goodspeed. Upon a voice vote, a11 voting aye, Mayor ?Vee
declared the motion carried unanimously.
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NDTION 1� Cbuncilman Earnette to authorize payment of Claims No. 351A3 4
t:nrough 364V�12 =or 1984 and No,lOQl through 1134 for 1985. Seconded by
Councilman Gooc7speed. Upon a voice vote, all voting aye, NHyor Nee cieclared
the motior_ carried unaninously.
LICENSES:
NDTS6N 1� Councilman Fiiz�trick to ap�srwe the licenses as sutr�itted ancE as
on file in the Lzc�nse Qerk's Offiae. Sewnded by Couricilman GooGS�ieed.
Upon a voice vote, all vating aye, Mayor Nee declared the motion carried
unatnmously.
15. RSTIMATES•
NDTIpN 1� Co�cilm�n Schneidsr to apprare the estimates as sul�nitted.
Monette Construction C�n�ny
2050 White Bear Avenue
St. Paul, NN 55109
Fridley Garage & Storage Faca.lity
Partaal. Estunate No. 6
Fiickok & Associates, Inc.
545 Indian Mound
Vdayzata, Nfd 55391
Nwore Lake Restoration Pro�ect IT
Professional. Sezviaes — Deceml�r, 1984
I.ayr� H3�nnesot� Con1�nS'
3147 Califorma Street Ncrth
tti.nneapolis, MV 5541II
Well and Pimp No. 9
Partial Estimate No. 1
$ 26,2D9,69
$ 1,5723.41
$ 10,744.00
�cz�n2�ed b� Councilman Barneti:e. Upon a voioe vote, all voting aye, Nx�yor
�7ee c'eclarecl tY:e motion carrieG unammously.
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MOTTON b�r Councilman Barnette to ad�ourn the meeting. Seconded by
Cowtcilm�n Schneider. Upon a voioe vote, all votinq aye, Mayor Nee c� clared
the motion carried unammously and the Regular N�eting of the Fridley City
Co�mcil af January 21, 1985 ad�ourned at 8:45 p. m.
Resp�ctf ully suhnitted,
*L���. t� � r' �jC�-�{' -
Carole Haddad
Secretary to Lhe City Council
Approved:
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William S. N e
Mayor
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