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10/21/1985 - 00011814THE MIN[1PES OF THE REGCTi�1R MEETING OF THE FRIDLEY CITY COUNCIL OF O(.TOBER 21, 1985 The Reyular meeting of the Fridley Ca.ty Council was r.�.Iled to order at 7:40 p.m. by Mayor Nee. PLIDGE OF ALLEGIANCE: Mayor Nee led the Council and auci�.ence in the Pledqe of Allegiance to ihe Flag. � AOLL CALI.�: MENBII25 PRFS II9T: Mayor Nee. Council�aan Go�c7sp`ed, Cauncilman Fitzg3trick, and Caur;ciln�an Barnette. MENB� ABSINT: Councilman Schneic7er APPROVAL OF MINUTES: COUNCIL MESTING, OCi'OBER 7, 1985: LtiDTION by Councilman Barnette to apprwe L-he rnanutes as presented. Seconciec7 tay Councilman Goodspeed. Upon a voice vote, a11 vating aye, I�iayor Nee declared the motion carried unanimously. ADOPTION OF AGEDIDA: The following items were added to the ac�enda: �l) Cons�deratian oz an Agreement with Super America for Joint Construction of Certain Sireet Improvements in the area of 57th Avenue and Un�verszty Avenue; (2j Considerat�on of a Resolution setting a publ�c l�eanr�g on the Poter�tia� Transfer of the Cable Television FrancY�ise Chanership; (3) Ltesolution expressing the City's opposation to the FC�' rule lvniting the authority of � the Ctty to set techmcal standards on the cable system; �4? Consicleratioir of an Inducemerit Resolution for industrial develognent laonds on behalf of Colunbia Park Pro�rties Developnent; (5) CaisideratiQn of ar� inducement resolution for industrial development bonds in the area of Bob's Produce Ranch at Osborne and Un�versity; and (6) Consicleration of potertial fund�ng �rticip�tion for the Fnclley Historical Seciety. � NDTION by Councilman Fitz�trick to adopt the agenda with the adaitlons. Seconcled by Councilman Barnette. Upon a voice vote, all voting aye, Niayar Nee declared tl�e motion carried unarumously. OPEN FORUM. VISITORS• Mr. Roland Nliles. Business Agent for Law Enfarcement I�abor Services, representing the police affioers in the Caty of FridlEy statecl he w�s at the meetirig along with manbers of the City oF Fridley �lice Depari�ient to ask the City Council to direct the City Nlana�ei to implenenL the �y and benefit " _ � „� ��� COUNCIL MEETING OF OCit�BER 21, 1985 pravisions of the rec�nt arbitrati,on award. Nlr. Mi.les statecl that to qive a little history on this, this stmuner they went to arbit-rat�on over the contract because they were not able to settle i_he oontract d�sp4te in negotiations. About 6 weeks ago on Septernber 6, the �rbitration award came cbwn. Right away the Ca.ty rais�d the questiocz on the issue oF shift preference of what the arbitration awaro had rneant. The Union sac�ed a request to the arbitrator to clarify the award. They have been waiting for that clarification from the arbitrator, but they see no reason, since the shift preferen� issue is the only issue in question, that the �ay �u�d benefits provasions cannat be unglanented. ThEy are askinq that the s�lary �aaraed by the arbitrator which was a 5o increase and the back p�y effec�ive to January 1, 1985, be im�lemented along with the benefits such as insurance, hourly �ay, and holiday �ay issues. Mr. Miles stated that other cities that have raised the issue (Roseville and Braoklyn Park} challenged thase �articular awards this year. Mr. SinythE, Fxidley's labor wnsultant, also represented Roseville and Brooklyn Park. The3 chose to imFlenent the �ay and benefit prwisions even thouo,h they had questions about c�rtain provisions. Nr. Miles statec� the City has requested the Union to sign a contract� Ysaaever, they are not �ble to sicy� the oontract because the clariflcation would not k� included. If they szc;n it, they would be signing away the arbitrator's clarific:at�.on befare the clarification came down, so getting the claxificat�on f rcm the arbitrator wauld be all for naught. Nir. Miles statec� thEy are �yinqe (1) They are willing to sicyi the oontraet with the pravision that the centract is sub�ect to the arbitrator's clarificatior; and (2) They see rio reason why the arbitxation award cannot be imp] anented ariyway with regard to the und� sputed issues without a signed contract. Other cities such as Rosevil.le and Brooklyn Park have done that without signed contracts. Mr. Miles statec� there was some language that the labor consultanL, Mr. Sfiythe, pro�rosed ta then and withdrew, which would have taken care of the issue and thEy would have been able to sign the contract. That language �as: "This article is sub�ect to change dependent upon the arbitrator's cl�rif�.cation.” He stated that language would allaa the contract to be changed if for some reason the clarification changed the original awarcl. Mr. M�las stated there wexe twa ways the Caty c3ould go about doing this: (1) They ooulc3 imFzi anent the unchallenyed provisions of the award without a sic�ed cantract; or, (2) They could direct the City Manager to adopt this language t�7r. 9nythe original.ly �roposed and then subsec�uently withdrew and the contract �ulc3 then be sic�ned by all �rties. Mayor Nee staked this was a difficult issue. - 2 - Since the item had not been � � � OpUNCIL MEEPING OF OCPOBER 21, 1985 formally put on the agenda, thc� were not pre�red to make a deciszon on it. h9r. Herrick stated this was the first tin�e he had heard of the issue, he hacl not seen the award, and he had not had an opporLUnity to xeview tne staLUte. He was not pre�ared to make ariy legal opira an on this nattex. Mayor Nee stated he would be willing to riold this ma�tex over uxitii the Nov�nber 4, 1985 meeting when it couid be put on the aqenda and they weulc� � have all the information tagetYrer. NDT1fJN by Councilman Barnette to continue tl�e matter regardinc� the �ay anG benefit provisions of the reoent arbitrauon award in order to get a legal opinion fran the Ca ty Attorney and to glace it on the Nwenber 4, 19FS5 City Council meet�.ng agenda. Sewnded by Councilmari Gooclspeed. Upon a voace vote, all votirig aye, Nl�yor Nee declared the motion r� rriea unarn meusly. POBLIC HFIIRINGS� 1. PUBI,IC IIEARING ON FINAL PLAT, P.S. #&5-04, OAI{ RIVER �STATES, THE SISME BEING 7560 EAST RIVER 1�C7AD, BY DOi7G PETERSON: NDTION by Counciln�an Fitz�trick to waive the reading oP the publ.ic hezring notice and o�n the public hearing. Se�n+�ed by Caurr�lman Goods�eed. Upan a voice vote, all voting aye, Mayor Nee declared the motion carried unatumously and the �blic hearing opened at 8:(�2 p.m. Mr. Floxa stated this �aroperty was locate� �usL- co tne west of EasL River Road between 75th and Rickard Road. 'Ihe pro�sed plat included 8 lc�ts and approximately 2.3 acres which are being pl�tted xrY+=o new lc�cs. The area zoned single family residential and the proposal was to S��lit tl�e land intc� 8 lots, 7 lots to be used for new homes and one l�t, L.ot 4, has at, existinG house which is propos�d to renain. All the lots exceed the req��ired ln� area of 9,OOD square feet, and all the lets are 75 feer or �ore at tlze � setlx�ck with the road right-of-way of 50 feet prwic�ed with the plat. Mr. Flora stated the street was approximatelp 5I0 feet long which was less than the ma�mi.an allaaable street lenght on a cleadend street, whzch zs 600 feet. All the utilities were ava�.lable to the lots off Alden WGy. The �ark L-ee for the 8 lots has been si�ed at $1,SU0 per Iot. The �:etitioner has agreed to allaa the mature trees to ranain as much as poss�ble. � Mr. Flora stated the Plamnng Commission at the�r Segtember llth r�eetinc recammended appraval of P.S. #85-04 with a �ot�1 of 7 stipulations: 1. Road easement wer the southeast corner oi 75p1 [llden YJay ta be granted to the City prior to final pl�t appra,�al. 2. i�t�.tioner agree to assessnents ior all street and utilzties. 3. In order to heZp the honeaaners maintazn the boulevzrG on tl�e south side of the proposed 76th Avenue, rhe peta tioner will construct gates in the fences oL lots south of 76th Avenue - 3 - L, E`� 4 �„ COUNCIL MEETING OF OCP�BER 21, 1985 that are a].ready fenoed. 4. Al1 structures including existing house on Lot 4 to be r�noved with the developnent. 5. P�titioner to prcwide 200 feet scale plat drawing for recprding purposes. 6. Fpti tionex te work out an apprwed drainage glan with Engeneenng Staff. 7. I�titioner will attempt to salvage as many trees as possible in , con�unction with the city staff. Ms. Flora stated he wc�uld add one more stipulation: easement along East River Rcad be designated as r aid and utility easement with the plat. Councilman Barnette asked if the house on Lot 4 was currently hooked up to city sewer and water. 7he pet�.tio�r, Mr. Ibug Peterson, stated it was r.ot, but Fart of the plan was to hook it up to city sewer and water. Mr. Flora statec� the Plaiun ng Commisaion made a stlpulation that the house on Lat 4 be ranoved. ThEy were ooncerned about the value of the existing house oomgr�red to the new house. Mr. I�terson statecl he was asking that the existing house not be removed. Fe statecl it was a good souria house after it is ranodeled and a garage and porc.h addec] on, will be more in line �aith the price of the new houses. He statea t4r. & Mrs. K.en Herrman, who have lived in the house for the last 8 years, wer� in the audience. Mr. Hexrick stated he woul.c3 caution the City Council's authority to recyuire the ranaval of the house, unless it was in a condition where the building inspector would maintain thak it was substandard wh�.ch would require it to be mwed; but simgly because it was a diffexent style or smaller or the � �nce was not in lim wii-h the pric3e of the new houses was not sufficient grounds to have it ranoved. Councilman Fitz�trick stated that the stipulations written by the Planning Commission applied to the reoonunendatian that the house be ranovec]. If the house is going to ranain as the City Attorney had recommended, then there were some other stipulatsons that would no doubt be put in a motion in twca weeks when they act on it. One a£ the stipulations recommended by staff oriyinally and chan,ed in a motian by the Planrung Co�niasion had to do with the oontinued existence of the house and that, therefore, would call for a rear yard varianoe frcm 40 feet to 23 feet. Mr. Flora stated there would have to be a variance fran the front yard also. Councilman Fitzg�trick statecl that one stipulatin stated by the Plamm�g Caranission was that the "petitioner will attenpt to �lvage as marry trees as - 4 - � QOpNCIL MEETING OF OC'1t�BER 21. 1985 possible in cunfunction with city staff:. IIe stated Lhis seemed rather vague. In looking at the lot, of soft irees. He hoped rhe �titioner zealized they were talking about hardwoon trees, evergreens, and the desirable trees on the lot. Mr, l�terson stated, that was his unclerstanc�ng. � Mr. Ken Herrman stated he was tYte resident az. 7560 East River Rcx�d wh�ch was the existing house on Lot 4. He stated that ir, his lease he � s to pay the taxes on the house and property, and it is currently valued at $105,000. He stated it was a good solid house and has been ;naintained pretty well. He stated it sounded like Mr. Peterson 47FAS going to make some very nire imprwenents. A resident liv u1g on the oorner af 75th Way and Air]en Way statec if the new street goes in, she w�.].1 be surrounded on tt�ree szcies by roads, what does this do to the value of her property? She stated the sL-.reet d�d not nother her as much as the lighting. She has had sane burglan es to her home, and the lighting situata.on has to be improvec3. Councilman Barnette suggested she work with the develo�r when the street goes in and with NSP on where she would like the li�ht to ao. Mr. A.J. Hogan, 133 75th Way, stated he ur!dersk000l the bouleaard wc�uld be 7 feet wide on his side of 76th. When a boulc,�ard is narmally 12 feet, was 7 feet wide enough to keep fran thraaing sna� in the wincer time into tt3elr �ack yards? Mr. Qureshi stated since this road would service only 8 lots, he thought iL would be practical to have a 30 foot wide s�reet with at Ieast a 10 f-oot bouleaard on each side. � Mr. Hogan asked who would maintain the grass cutting on the boulevard. Mr. Qureshi stated it was the responsibility of tY?e abutting property cxrners to ma�.ntain it. Councilman Fitz�trick stated a recommendation rnade by the Flanning Commission was that if a property owner's back yaro vaas fenced, then the petitioner would provide a gate in the fer.ce at the petitioner's expense. P1r. �terson stated he was not ob�ecting to the c�tes, but he wc�ulcl like L-o have a dollar �nount of what it wi11 cost. A resident from 91 75th Way, stated that as a�roperty ovri�er, she was opposed to the proposed develognent. When sne purchased the property two years ago, or� of the selling pcunts for her was that the t�ck yard was moe and private and qw.et. She would like the pro��rty to sLay undeveloped. She did not like to see a street goin in directly behind her �ara�crty, - 5 - � j �:Ji i `�l QOUNCIL MEEPING OF OC`inBER 21, 1985 because there wi31 be traffic ar_d noise. There is already an incredible amo�ult of traffic on 75th Way and this will increase the traffic. If the road has to yo in behind her and there is going to be a 1C foot boulevard, she would like to �e the developer put in a sidewalk so the children have a place to ride their bikes, rollerskate, etc., because it is toa dangerous for the chi] dren to be an the street. Mayox Nee stated that when the City Council hears this itern at their � Navenber 4th meeting, they will try to accommodate as many concerns as possible. P7JTION by Councilman Fitz�atrick to close the public hearing. Seconded by Co�cilm�i Barnette. Upon a voioe vote, a11 voting aye, NHyor Nee declarec3 the motion carried unammously and th pub.lic hc�xing closed at 8:40 p.m. 2. PUBLIC HEARING ON FINAL PLAT. P.S. #85-05, MIDWEST ADDITION, GENERALLY LOC'.ATID BETWEEN HICKORY STREET ADID MAIN STREET, NORTFI OF 81ST AVENUE N.E.. BY LEONl�RT) W. UANASSE: NDTION by Councilman Barnette to waive the reading of the gublic hearing notioe and oper� the pub3ic hearing. Seoonded ky Councilman Goodspeed. Upon � voice vote, all voting aye, Mayor Nee declared the motion carried unarumously and the public hearirag operied at 8:42 p.m. Mr. Flora stated this �ro�erty was located between Main Street and Hickory Street and north of 81st Avenae. It was origir�lly called the Nltidwest Plat, but sinc� thEy h�ve received the submittal, the Assessing Dep�rtment has zndicatec7 there is already a Mid,aest Addition on record; therefore, this plat sha��ld have a new title, Mr. Flora statec7 this property was zoned heavy industrial, and it was proposed to c3�.vide the pro�rty into 3 lots, a larger p�rtion of about 16.8 acres on the south, and two additional lots of approximately 6.1 acres on � the north. The plan was to oonstruct a truck transfer terninal building lc,cated on the 16.8 acre portion to be developed I� I�r-Len Development for ANR Truckiny. There would be 48,000 square feet of uninsulated warehouse s�ce with offices in the front. �e warehause would be about 550 feet long with 100 bays for trucks. 'Ihe business would employ about 140 employees with an anticz�ted �ayroll of $5 mil.lion. Mr. Flora stated the plans call for berm�ng around the truck f�cility. At the last meeting, the City Council executecl an agreanent with rlar-Len Developnent in regard to this �rticular Farcel. At the Septa�ber 11 Planiung Co�nission meeting they recommended appraval with seven stipulati.ons: 1. I�t� ti oners agree to c]rainage and rexzd improvanent assessnents. 2. Fptitioners agree to woxk with staff to accomplish an acceptable ] andsca�e plan. �� u COUNCIL MEE'PING OF O(,"ibBER 21, 1985 3. F�titioners agree to work with staff to acc�xil isl� an �cceptdLil2 iacade pl.an. 4. A�rk fee for an amount equal to .02? X total square footage of plat to be �aid upon apprwal. 5. Com�ny agrees to not allaa any trcck trafP�c, except to clients, on East River Road. Appropriate 2ut sicyis will l,e �nstalled ctirecting trucks to Umversity Avenue. 6. Extenor lighting wil.l not cast a lic�ht beyond the fen� �rimeter. � 7. 'Ihere wil.l be an apprwed drainage �lan ty the Clty. Mr. Flora stated he would add one more stiFxalau on: The develo�r prwic�e a 200 foot scale plat drawing with the agpropriate supports shown for record�.ng purposes before final apprwal. No Fersons in the aud� ence sXnke rec�arc3�.ng tl�is public hearir,g. P'DTI�N by Councilman Goodspeed to close the public hearing. 5econded by Councilman Fitzpatrick. Upon a voice vc�te, all voting aye, Mayar Llee declared the motion carried unammously ancl the publxc helring closed �� 8:46 p.m. 3. PUBI,IC FIEAItING ON PROPOSED CHANGE TO THE FRIDLEY CITY CODE BY F�MENDING CIIAPTER 205. ZONING: NDTI�N by Councilman Barriette to waive the reading of the public hearing notice and open the public hearing. Seconded lay Councllman FiLZ�trick. Upon a voice vote, all voting aye, Mayor 1�3ee �eclared the motton carried unarumously and the puUlic heanng opered at R:47 p.m. Mr. Flora stated this wa� a recon�ner�ded ch�o,e to l�oth the Zor,ina Code and the Ap�als Conunission portion of the oode that a�pliEd to a sunset cl�use for variances that are granted. It added the follcwing wor��nc� � (underlined): "If work as nermitted bv a vanance is not commenced within one year and completed within two vears after arantina of a variance, then the varianoe shall kaeoome null and void unless a petition for extension of time in which to complete the work has been granted by the �1p�eals Commission." No persons in the audience spoke regarding rhe recommended chanqe. NDTION by Councilman Barnette to close che public hearing. Seconded by Councilman Goodspeed. Upon a v�ice vote, �1:L vating aye, P�yar Nee declGrec� the motion carried unammously and the publie h�nnc� clesed at II:48 p.m. 4. PUBLIC HEARING ON PROPOSED CHANGE TO THE FRII7LEY CITY CODE BY AMENDTNG Q-IAP'i'ER 6 , COMMI5SIONS• I•DTION by Councilman Fitzg�trick to waive the reading of the publ�c hearing no�ioe and open the public hearing. Seoon�d by Councilman Gooc�speed. Up�n -7- � ���� .'Y COUNCIL MEETING OF OC'i'OBER 21. 1985 a voice vote, a11 votinc� aye, Mayor Nee declared the motion carried unarLimcusly and the public hearing closed at 8:49 p.m. Mr. Flora stated this was an acc�wnp�nying change to Chapter 6 dealing with the Appeals Ccx[unission. It was an identical change as that for (�apter 205 adding the sunset clause. Na persons in the audience spoke rec,arding the recommended change. � NDTION try Councilman Barnette to close the public hearing. Seconded by Councilman Goods�:eed. Upon a voice vote, all voting aye, I�yor Nee declared the motion carriec� unammously and the public hearing closed at 8:50 p.m. OLD BUSItJEBS: 5. ORDINANCE NO. 844, AN ORDINANCE TO AMEND THE CITY CODE OF THE CITY OF FRIDLEY, MINNESOTA, BY MAKING A CI]AIdGE IN ZONING DISZRICTS (KENT ROESSLER, ZOA #85-02: Mr. Flora stated this was the second and final reaci�ng of the ordinance to iclentify three �arcels which are rezoned to R-2 to allow develo�enent of three zero lot line structures in Iwen Terrace. �ere was a�venant on the land that stipu7.ated that only single f�nily homes should be constructed. He stated they have av�lable a change to the oovenant that was drafted by the city attorney and signed by the property owner and it would be appro�riate for the Caty Council to authorize executian of the oovenant for reoording which will then allc�aa the zero lot line strucutres to be built on �hose three lots. NDTION by Councilman Fitz�trick to waive the second reading o£ Ordinance #844 to amenc] the City Code of the City af Fridley, Mi.nneso�, by making a chanc_fe in zomng districts and ado�t it on the second reading and order �xzblication. Seconded by Councilman Goodspeed. Upon a voice vote, all � voting aye, Mayor Nee declared the motion carned unammously. PDTION by Councilman Barnette to waive the City's nghts to the covenants. Seoonded ty Councilman Goodspeed. U�n a voice vote, all voting aye, Mayor Nee d�clared the motion carried unammously. NEW BUSINESS: 6. ODNSIDERATION OF FIRST READING OF AN ORUINANCE RECODIFYING THE FRIDLEY CITY CODE BY ANIEbIl7ING CHAPPER 205 ENPITLID "ZONING" SEGTION 205.05: Mr. Flora stat�c, this was the first reaclting of the ordinance to establish tl-,e sim�t clause for varianoes in the Zoning Code and establish the twa year time frame in which the variance must be completed as identified pre�iously in the agenda. �� � COUNCIL MEETING OF OCDOBER 21. 1985 NDTI�N by Councilman Barreette to waive the rc�ciing and apprwe the orclinanoe upon first reading. Sewnded 1� Counciln�an Goodspeed. Upon a voice vote, all voting aye, Mayor Nee declared the mc�Llon carrieca una�v.mously. 7. CONSIDERATION OF FIRST RRADING OF AN ORDIIdAIVCE RECODIFYING THE FRIDLEY CITY CODE BY 11MENDIN� CHAPTER 6 ENTITLID "CAMMISSIQ:3S" SECTION 6.07: � Mr. Flora stated this was the same it�n changing Cha�ter 6 to be com�taL�le with Chapter 205 which establishes the two year time irame i�b wh,ch variances must be aompleted. MOTION by Councilman Fitz�atrick to waive i�he reading and approve the ordinance upon first reading. Seconded 6y Councilman Goodspeed. Upon a voice vote, all voting aye, Mayor Nee declared the moLion carried unammously. 8. RECEIVING THE MINUTES OF THE PLADIIVING CONIMISSION MEEPING OF OCTUBER 9, lg$5: A. OONSIDERATION OF SPECIAL USE PERMIT, SP #85-11 � ALC�lhT CANSTRUGTION OF A SECOND ACCESSORY BUILDING, 6425 ASHTON AVENUE N.E., BY JERRY UNGLAUB: Mr. Flora stated this was a request for a second accessory building on property located �ust west of the Burlingtusa Narthern railroad tracks on Ashton Avenue t�tween Plississippi and 64th Way. The pet�t�oner pro�ses to wnstruct a 24 x 32 utility shed at the rear of the yard in order tn score eqtugnent. TYte property is zoned single familp and is surruunded by cther single family hos�es. The petitioner is proposing to bullc3 without verifying survey which he can do with a letter fran the ad�oining �ro�rty aaner which has been received. The petitianer l�as no intention of �arking a motor vehicle in the builcting. The Planninq Conunlssion rec�nunended a�eprwai of SP #85-11. � NDTION by Cr�uncllmart Fitz�atrick to concur w�th the recommendation of the Plann�.ng Commission and grant special use ;�xrmrt, SP #85-11. Seconded by Councilman Barr�ette. Upon a v�ioe vote, �11 voting aye, Mayor Nee declared the motion carned unaru.mously. M�TION by Councilman Fitzpatrick to receive the ninutes of the Flanning Commission meet�.ng of October 9, 1985. .econaed by Counci3man Barr_eLte. U�ron a voice vote, all voting aye, Mayor Nee declared the moT_ion cairrled unammously. 8.1 CONSIDII2ATION OF AN AGREEMENP WITH SUPER ANIERICA FOR JOINT CONSTRUCTI(3IV OF CERTAIN STREET IMPROVEMENTS IN THE AREA OF 57TH AVENUE t�ND UNIVERSITY AVEN[JE : Mr. Flora stated Super Pmerica was planning to oonstruct a service staLion at the intersection of the south�st �rner of Uruversity and 57th Avenue. �'� � �; � COUNCIL MEETING OF OCPDBER 21, 1985 In so daing, they are pro�sing to build a loopback axaund the property to the sexvxc� drive goinq over to 7th Street. They have a�,etztion to the Caty requesting that the Ca.ty install the water and sewer utxlities with Super Pmeri� �aying the total oost of the construction and escr aaing the moriey with the Ca.ty at this p�int in tame to allaa the wnstruction to beyin thas year and be aomg7.eted by next year. Mr. N'lara state� he would reczxcmter�d the City approve the execution of the developnent agreanent with Super Pmerica for the loopback serviae drive. � NCITION kr� Councilnx�i Baxnette to approve the agreement and authorize its execution. Seoonded by Councilman Fitzpatrick. Upon a voice vote, a11 vating aye, Mayor Nee declared the motion carned unammously. 9. RESOLUTS�N NO. 84-1985 ORDERItdG PRELIMINARY PLANS, SPECIFICATIUNS AND ESTIMATES OF THE COSTS THEREOF: WATER ADIIJ SANTTARY SEWER PRG7EGT #156: NLITION by Councilmari Fitz�atrick to adopt Resolution No. 84-1985. Seconded by Counciln�an Barraette. Upon a voice vote, all voting aye, Mayor Nee declared the motion carriecl unanimously. 10. RESOLUTION N0. 85-1985 RECEIVING THE PRELIMINARY REPORT AND PETITIONS NO. 19-1985 AbID 21-1985 RE4UESTING IMPFb�VFT7ENPS FOR 8 ILYPS OF OAK RIVER ESTATES PROFOSID PLAN AND FOR PROPOSID SERVICE STATION AT 57TH & UNIVERSITY AVENUE ADID TO WAIVE A PiJBLIC IiEAI2ING ON THE MATTER OF THE CONSTRUCTIN OF CERTAIN IMPRQVEMENPS: WATER AND £'a111`1ITARY SEWER PRa7ECP #156: M�TION F�y Councilmari Barnette to adopt Resolution No. 85-1985. Seconded by Councilraan Goodspeed. Upon a voice vote, all voting aye, Nl�yor Nee declared the motion ca rried unammously. 11, RESOLUTION N0. 86-1985 ORDERING IMPROVEMENT AND FINAL PLANS AND SPECIFICATIONS AND ESTIMATES OF COSTS THEREOF: WATER & SANITARY SEWER � PROJECP #156; M7TION by Councilman Goodspeed to acbpt Resolution No. 86-1985. Seconded l�jr Councilman Barnette. Upon a voiae vote, all voting aye, Mayor Nee declared the motion carried unarumously. 12. RESOLUTION N0. 87-1985 ORDERING IMPROVEMENT, APPROVAL OF PIANS AND ORDERING ADVERTISENIII�TP FOR BIDS: WATER AND SANITARY SEWF'�R PRCh7ECT #156: hT)TION by Councilman Barnette to adc�gt Resolution No. 87-1985. Seconded by Councilman Gaods�ed. A�r, Herrick stated that on the advertisement of the bids, he thought it should be aanditioned on the Caty receiving the rrecessary easements taaaros the sewer and water. F?e thought it was something that could 6e handled adnuustratively an xelation to gett�.ng the necessaxy eas�nents bec:ause th�y - 10 - � COUNCIL MEETING OF O(,�BER 21, 1985 have been pranised then but thc� do not have th�a in hand. Upon a voice vote, all voting aye, Mayor Nee declared the moLion carried unammously. 13. RECEIVING RESIGNATION AND CONSIDERATION OF APPOINTMENT TO COMMUidITY DEVEIAPMEPFC COMMISSION: � NDTION by Councilman Barnette to receive and accept the resignaticn Louis K. Sclvnidt fran the Co�numty Develognent ConunissiotZ. Seconded by Councilmai7 Fitzg3trick. Upon a voice vote, all votirxg aye, Mayor Nee declaxed L-he motion carried unammously. NDTIUN by Councilman Fitzp�trick ta table tlie appainrment to the Community Developnent Conunissiorx. Seconded by Councilman B«rnette. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unammously. 14. CT�AIMS: 15 S� � � P+llTION by Councilman Barnette to authorize �ayment of Cldims No. 4968-5Ia9. Seoonded by Councilman Goodspeed. Upon a voice vote, all voting aye, D7ayor Nee declared the motion carried unammously. LICENSES• NDTION by Councilnrn Goc�dspeed to apprwe the licenses as subr��tted and as on fil.e in the Lioense Clerk's offi�. Seconded tr� Councilman Fatz�trick. Opon a voioe vote, all voting aye, Mayor Nee decl�re�i the motion carriecl unani.mously. ESPIMATES• NDTION by Councilman Fitz�trick to approve the est-inates as surmitted: Sfiith, Juster, Feikema, Malmon & Haskvitz 1000 IIY� Center N�linneapalis, I�N For Legal Servioes Rendered as City Pro�cutor fcr the Nbnth of July, 1985. . . . . . . . . . . , � 6,712.50 For Legal Services Renclerecl as City Prosecutor fox the Month of Auc�ust, 19$5, . . . . , . . . . . . $ 6.546.59 Lino Lakes Landscaping 18400 Lexington Avenue Wyaning, NN 55092 FINAL FSTIMATE . . . . . . . . . . . . . . . . . . . $ 7,130.f33 �lississippi Street Landscaping Pro�ect - 11 - �� � V+� � LY r}-- QOUNCIL MEETING OF OCi'OBER 21, 1985 Hickok & Assoc. Inc. 545 Indian Mound [�7ayzata. NY�] SS391 Moore Lake Phase II Prof. Serv. for F�r. Erzding 9/30/85. . . . . . . . . $ 834.70 Seconded by Councilman Goodspeed. [Jpon a voice vote, a11 voting aye, P+Iay or Idee c�clarecl the motion carried unammously. ]J . CONSIDERATION OF SETTING A POBLIC I3FARING ON THE P(YPENTIAL TRANSFER OF THE � CABLE TELEVlSION FRANCHISE OWNERSHIP: NI�TION by Councilr�n Barnette to set the public hearing for November 18. Upon a voic� vote, all voting aye, Mayor Nee declared the motion carned unammously. 18. RESOLUTION N0. 88-1985 EXPRESSING THE CITY'S OPPOSITION TO THE FCC RULE LIMITING THE AUTHORITY OF THE CITY 7U SET TECHIVICAL STANDARDS ON THE CABLE SYS"PEM • NDTION by Councilman F�tz�atrick to ado�t Resolution No. 88-1985. Secondec� by Councilman Goadspeed. Upon a voice vote, all voting aye, Mayor Nee declarec� the motion carried unammously. 19. RESOLUTION NO. 89-1985 FOR INDUSTRIAL DEVELOPMENT BONDS ON BEHALF OF COLUMBIA PARK PRlJPERTIES DEVELOPMENT: NDTION by Councllmarr Goodspeed to adopt Resolut3on No. 89-1985. Secondec7 }� Councilman Fitz�trick. Upon a volce vote, all voting aye, Mayor Dlee ceclared the motion carn ecl w7aru.mously. 20. RESOLUTION N0. 90-1985 FOR IPIDUSTRIAL DEVE]APMEDTr HOI�IDS - OSBORNE ROAD AND UNIVERSITY PROJECT: � Mr. Qureshi stated they have been in contact with Mike Schrcer the last f ew months and recently haG a meeting with a repxesentative from Bor-Son Construction and a real estate agenda representing Bob and Mike Schroer. 7he proposal was basically to oombine three �aroels of l�nd into one �arcel, ranove aii the structures, and build about 60,000 square feet of retail sp3oe. The rc�uest is to get the inducement resolution for $5.5 million. rt was his understanding that Mike and Bob Schrcer w�7.1 he making a request t� the HRA for 'rhe redevelopnent of this area, along with seeking some tax incr�nent assistarrce. The induce�nent resolution is �der the City Counral's author�ty whereas the tax increment and other kind of help i� uncler the NRA's authority. Mr. �ceshi stated Mike and Bob Schroer were in the audience to answec any c�uestions. - 12 - � � � � 2.1 COUNCIL NIEEPING OF OC1I�BER 21, 1985 Mr. Bob Schroer stated it came to their �ttention about 1 lj2 years ayo when Cub Foods moved that the area needed something new. They feel a new structure and a r�ew unage on that c�orner will laei�ef.it Fridley and also ttae new tenants in the oomplex. They think �t?e �rea is too good to let it cSo ty the wayside. They feel the need is there, anG they hope they can ser,ure sane help frcxn the Ca.ty in the developnent. fIe stated Bol�'s Proauce Ranch wi11 be one of the anchor tenants. There is also a drugstore that mighi be another anchor, and thEy have also had some canversation abou� a hdrdwar� store, plus other retail shops. Mayor Nee stated he felt this was an importart thing t1r. Schrcer was daing; ha�ever, he had some concerns. Councilman Mr. Goodspeed stated he though� this devela�m ent would be an asset to the oommunity. NDTION by Councilman Goodspeed to adopt Resuiution Nwnber 90-1�85. Secanclecl by Councilman Barnette. Upon a vaice vote, Goodspeed, Barnette, and Fitz�trick voting aye, Mayor Nee abstairu ng, Mayor iVee decl�red the motion carried kry a vote of 3-1. CONSIDERATION OF POTENTIAL FUDIDING PARTICIPATIOIV FOR 'Pf3E FRIDLEY HISTORICAL SOCIETY: NDTION by Councilman Barnette that the City Council and SL-aiF respond tn the request fran the Fridley Historical. Socie�y d�at tYte� clo sYaare an intere:�, will give them some support, and will certainly corisic7er ai.y future suggestions the Fridley Historical So�iety might hav�. SecoaaaeG by Councilman Goodspeed. U�n a voioe vote, all voting aye, Mayor Diee cleclared the motton carried unammously. AD,7OURN[�1�TP: MOTION by Councilman Barnette to ad�ourn the meeting. Secondeca by Counciln�an Fitzpatrick. Upon a voice voce, all vc�ting aye, Nlayor �dee declared the motion carried unanimously and the regul�r meeting oi the Friclley City Council of October 21, 1985, ad�ourned aL 9:05 p.m. Res�ctful.ly sutnutted, f r�?`�c�-� �-�,-�� Lys�ire Sakxz Acting SecretaLy to the City Council � � ,, � �:�. ,�:���.������- � . .��, William J. N�e Mdyor - 13 - ,�����' ,` i 4 � � � �