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12/16/1985 - 00011730Tne Regular Meettng of the Fridley City Council was called to orcier at 7:37 p.m. by Mayor Nee. ��r �TO7:lifiixe�i:l�� Mayor Nee led the Council in the Pledge of Allegiance to the Flag. � ROLL CliIS.�: MEMBII�S A2ESFNT: Mayor Nee, Councilman Sarnette, Counc�lman Schneider, Councilman Fitzp�trick, anc3 Councilman Goodspeed MEN�ERS ABSFNT: None �RTIFICATE OF �NFDRt+lAl�7(E IN FINANCIAL REI�RTIIQG, CITY OF FRIDLEY: ASdPd2D OF FINANCIAL RER7RTING ACHIh'VE[�IT, RIQ3AR➢ D. PRIBYL, ACTING FINANCE DIRECt'OR Mayor Nee stated the City, onoe again, has received a rrational award for conformance in financial report.�ng. He stated this award is issued by the Govermnent Finance Officers Association and it iepresents only a few such awards in the State. He stated the Council is especially proud of the Finance De�rtment and City Management for having been reco�ized foi their accounting standards, Mayor Nee presented this award to the Finance Offioer, Rick Pribyl and the Council extended their mngratulations on this achievenent. � APPF3�UAL OF MINUTES: WUNCIL MEETING, DECEMSER 2. 1985: hDTION by Councilman Barnette to approve the minutes as presented. Seoonded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unammously. ADOP'PION OF AGEAIDA: The follaaing items were added to the agenda: (1) Consideration of an Agreanent with Miller-Schroeder as Fert of Item 11; and i2) Consideration of First Reading of an Ordinance Amending Chapter 603 of the Fridley City Code by Adding Sections 603.05.10 and 603.24; Rentmibering Existing Section 603.23 and Further Amending Section 11.10 of Chapker 11. MOTION by Councilman F�tzpatrick to adopt the ayenda with the above additions. Seconded by Councilman Schneider. [Jpon a vciae vote, all voting aye, Mayor Nee declared the motion carried unammously. -1- � ;� � � _� .��� �UNCIL MEETING OF DECEMBER 16, 1985 OPEN FORUM, VISI�RS: COMPLAINTS - MENARD'S: Dr. James Matthews, 1259 Skywood Lane, appeared before the Council regarding problems at Menard's. He stated an agreement was signed between the residents and Menard's in 1979 and outlined the terms af the agre�nent wluch related to such items as the public address system, outside sawing, operat�.on of fork lifts and hours of delivery and in regard to any e�ansion � by Nlenard's, residents were to be notified. Dr. Matthe�as stated data has been collected between May and July of this yeax and there are nunerous violations of the agreement. He stated Bob Norr]ahl of the City staff wrote Larry Menard on September 20, 1985 regarcltng the compla�nts fran the residents on the �ise, and what action Menard's was going to take to oorrect this situation. Dr. Matthews stated Mr. Seeger, I�inager af the Fndley I�nard's, replied to Mr. Nordahl's letter regarding the truck noise and stated they don't receive ariy trucks after 9 p.m. and rarely after 5 p.m. Mr. Seeger had stated in his letter he felt one of the neighbors was being unduly critical. Dr, N13tthews stated the residents are nav going through the same problems they clicl in the 1970's and felt it was the City's obligation to enforce the ordinance. He stated they are asking for a meeting with Menard's to resolve these problens. Dr. Matthews stated Mr. Seeger's letter to Bob Nardahl doesn't ans,aer Mr. D7ordahl's questions at all. Dr. NS�tthews stated they don't want any problems with Menard's and they pledge their �opexation to do everything possible to get this settled once and for all. He stated they are asking the hours o£ delivery agreed to in the 1979 agreement he continued. He further stated, if a barrier was erected, it would helg in reduction of noise fran the saws and fork lifts. � Mayor Nee stated he would like staff to make an investigation and a report back to the Council. Mr. Herrick, City Attorney, stated if there is s�ne e�idence of violation of the times set out in the doc�unent, it wou].d be fairly easy to document. He thought if there is a question of noise violations, the City may have to take so�ne readings. Nlr. Flora, Public Works Director, felt perhaps a 7oint meeting with residents and Menard's would be in ordec to c�.scuss these items. PUBLIC HF�IIRINGS: 1. PUBLIC HEARING ON THE MATTER OF UACATION REQUEST, SAV #85-07. 'It� VACATE THE DRAINAGE AI�ID UTILITY EASEMENT OVER, ACROSS AND THROUGH THE WEST FIVE FEET AND THE NORTH FIVE FEET OF LOTS 1 AND 2, BLOCK 3, RIVERWOOD MANOR, BY CI3ARLES COOK: -2- ' � � � :N �;: COUNCIL N�PING OF D�'FMrtFR 16. 1985 NDTION by Councilman Fitz�trick to waive the xeading of the public hearing notioe and open the public hearing. Se�nded by Councilman Goodspeed. Upon a voice vote, all voting aye, Mayor Nee delcared the motion carried unammously, and the public hearing opened at 8:09 p.m. Mr. Flora, Public Works Director, stated this is a request by Mr. Cook to vacate a drainage and utility easement, which exists on his proposed Rivexwood Park plat, so he can develop the lots se�rately. Mr. Flora stated the utility oomFximes have indicated they have no problen with this vacation request. Mr. Maleoek, 7136 East River Ra�d, stated he wasn't notified of any meetings regarding Mr. Cook's glat and Council wi11 naa be oonsidering the final plat this evemng. He stated he wanted to knaa haa this vacation would affect his property. Mayor Nee stated the Council wouldn't want to vacate an easement that woul�'t allaa Mr. Maleoek to oonnect to sewer and water. Mr. Herrick, City Attorney, stated if he understands wrrectly, Mr. Cook and Mr. N�alecek have reached an agreanent rec�rding access to the �wer system. Mr. Cook stated the easement he is granting is f or utility purposes, but that he would be retaimng the roadway easement. Mr. Malecek stated, at this point, he would ask Council not to approve the vacation until he finds out haa he is affECted. Mr. Herrick stated the Cotmcil can wntinue the public hearing or close the hearing, but not take ariy action until you get s�ne feedback f rom staff on the questions raised. Mr. F1oCa stated, both Northwestern Bell and Northerr� States Power, stated this vacation wouldn't affect the service to Mr. Malec�k's property. There is further discussion wlu ch re1 ates to the plat which is oovered under oonsideration of the final plat of ltiverwood Park Uy Mr. Charles Cook. NDTION by Councilman Fitz�txick to close the public hearing. Seconded by Councilman Goods�ed. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unammously and the public h�rng closed at 8:32 p. m. OLD BUSINESS• CONSIDERATION OE FINAL PLAT, P. S. #SS-06, RIVERWOOD PARK, BY CHARLES S. COOK- Mr. Flora, Public Works Director, stated this is the final plat for Rivenaood Park sulanitted by Mr. Charles Cook. Mr. Flora stated the plat calls for the division of three blocks ir4to a total of 31 sinqle family lots. He stated all lots meet aode requirements and range f rom 9,000 to 17,000 square feet. -3- � �3fl COUNCIL MEETING OF DECEMBER 16. 1985 Mr. Flora stated the Planiung Conunission recommended approval of the plat with three stipulations: (1) provide a 15 foot utility easement wer Outlot A to be granted to exception area; (2) prwide a street and bikeway/walkway easement wer th e easterly 25 feet of the plat; and (3) petitioner work with Engineering to develop a storm drainage glan. Mr. Malecek, 7136 East River Road, stated he had not received any notices regarding this plat, but did reaeive a letter informing hvn hav his property � would be affected. Mr. Cook stated he met with Mr. Malecek during the early stages of the platting process and they had discussion about the incorporation of his property znto this plat. He stated Mr. Malecek had stated it was not econanically feasible for him at this time, haaever, he wished access for the water ar�d samtazy eervice only and signed such a�tition. Mr. Qureshi, City Manac,�r, stated the question is whether Mr. Ma].ecek wishes access onto Riverwood Drive in the event he would want to split his property. Mr. Malecek stated he understands there would be a 25 foot easement along the back of lu s property on which Mr. Cook wa11 aan easement rights. Mr. Herrick, City Attorney, stateci it seens the aaners of the two exceptions in the plat, Mr. Malecek and Mr. D7isley, are not fully aware of the �assibility they won't have access to Puverwood Drive and he recommended a meeting with all the Farties before Council takes action to finalize the plat. Mr. Qureshi, City NL�nayer, stated the aaners of the exceptions in the plat have two choices. They can Fartsc�.�te in the glat by sharing in the cost of the impravenents based upon a 75 foot frontage for the utilities and the � roadway or the City can bear the oost of these improvanents which would be held in abeyance until such time as the aaners sglit their lots. He statec] if and when they split their lots, they would p�y the unprwenent oosts plus interest, haaever, if the lot was never sglit, there would be no costs to than. Mr. D7isley, 105 71-1/2 Way, felt the �sement line should be moved to the street so he would have a right-of-way to his �operty. P7r. Herrick felt �ne thou�t should be given about access for these two property aar�rs. Mr. Qureshi stated Mr. NHlecek petitioned for the sewer so he would pay his share for this service, haaever, assessnerrts for the water and street could be deferred until such time as Mr. Nk�leoek wishes to sglit his lot. Mr. Nlalecek asked where they would know what the charges would be for the imprwenents. He was advised that these would be covered in an assessment hearing. -4- , � �- .� _ �- a� �� �. COUNCIL MEEPING OF DEC.F�MBER 16. 1985 IvDTION by Councilman Fitz�trick to approve the final plat, P. S. #85-06, Riverwood Park, by Charles S. Cook, with the f�llowing stipulations: (1) prw ide a 15 foot utility easement over Outlo� A to be granted to exception area; (2) provide a street and bikeway/walkway easement over the easterly 25 feet of the plat; and (3) petitioner work with Engineering to develop a storm drainaye �ilan. Se�nded by Councilman Schneider. P7r. Flora, Public Works Director, stated the access easements would be changed to a public right-of-way, and incorporated into the plat. UR�N A VOIC� VOTE TAKEN ON �3E ABOJE NDTION, ALL VO1'ED AYE, AND D7AYOR NEE DE(ZARED ZSiE NDTION Q�RRIED UNANIP'nU �SY. 3. CONSIDERATION OF TRANSFER OF O�NPROL OF SII�RER COMMUNICATIONS, INC. TO SCI HOLDINGS. INC.: Mr. Flora, Public Works Director, stated the City has not received the agreanent fran Storer so requested the iten be tabled. MOTION by Councilman Barnette to table this itern until receipt of the agre�nent. Seconded kry Councilman Schneider. Upon a voice vote, all vating aye, Mayor Nee declared the motion caxned urianunously. NEW BUSINESS: 4. CONSIDERATION OF FIRST READII� OF AN ORDINANCE UNDER SECTION 12.07 OF THE CITY Q3�RTER TO UACATE STREETS AND ALLEYS AND TO AM�ND APPENDIX C OF THE CITY CODE: 5. Mr. Flora, Public Works Director, stated if the Co�mcil wished not to vacate the north five feet of Lots 1 and 2, Block 3, Riverwood Manor, he would suggest this �art be deleted fran the ordinance. MOTION by Councilman Fitz�atrick to waive the reading anc3 approve the ordinance upon first reading, with the deletion of the following words: "and the north 5 feet of Lots 1 and 2, Block 3, luverwood Manor." Seconded by Cauncilman Barnette. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanunously. RECEIVING THE MINUTES OF THE PLANNING COMMISSION MEETING OF DECEMBER 4, 1985: A. CONSIDERATION OF SPECIAL USE PERMIT, SP #85-14, � ALL�OW ANY COMBII�,TION OF OFFICE. RETIIIL ADID RESIDENPAIL USES YTITHIN ONE BUILDING, 214 ABID 248 MISSISSIPPI STREET N.E., BY LOU LUDIDGREN: Mr. Flora, Puhlic Works Director, stated this is a r�uest for a special use permit to allaa any combination of office, retail and residenti�l uses within one buiding at 214 and 248 Mississippi Street. He stated the Planning C�nission recommended approval of this special use perrnit wiLh stipulations that a drainage and landscaping plan be provided, all phases of the development be consistent with the downtown motif, the special use - 5 - :�..�� ODUNCIL MEE•PII� OF D�'FrvmFR 16. 1985 permit is contingent upon accsusiition of pro�rty by the HRA, and access be provided to Sylvan Hills fran Mississippi Street. t�DTIODi by Councilman Goodspeed to concur with the recommendation of the Planning Commission and grant special use permit, SP #84-14, with the follaaing stipulations: (1) developer provide a drainage plan for the total develoXment (all four phases) with the first phase; (2) develoFer provide a landscapirig plan consistent with downtown motif; (3) special use permit contingent upon acquisition of property by HRA; and (4) access be provided to Sylvan Hills fran Mississippi Street. Seconded by Cowlcilman Schneider. Upon a vcice vote, all voting aye, Mayor Nee declared the motion carried unammously. B. CONSIDERATION OF IAT SPLIT REQUEST, L. S. #85-08 AT 214 AAID 248 MISSISSIPPI STREET N.E. BY I�OIJ L[R�IDGREN: Mr. Flora. Public Works Director, stated Mr. Lundgren is proposing to split aff the southerly 19p feet of Lot 1, Block 1, S�lvan Hills Plat 7, and the southerly 190 feet of Lot 1, Block 1, Sylvan Hi].ls Plat 6, for his proposed developnent at 214 and 248 Mississippi Street. Mr. Flora stated the Planning Conunission recommended approval of this lot split with the stipulztion that it be contingent upon successfully aa;uisition of pro�rty by the HRA and, if necessary, an access easement fresn Mississippi Street be provided to the ap�rtrnent complex. Mayor Nee stated he has a problan when the lot split is being applied f or by someone other than the aaner of the property. Mr. Herrick, City Attorney, stated there is some understanding with the aaner of the land that he wouldn't oppose it based on certain agreements as to what would hap�en if and when the HRA acquired the property. I�TION ky Councilman Goodspeed to concur with the recommendation of the � Planning Commission and grant lot split, LS #85-08 with the follaaing stipulations: (1) the lot split is wntingent upon successf ul acquisition of property by the HRA; and (2) if necessary, an access easement from Mississippi Street be provided to the a�rtment complex. Seconded by Councilman FitzFatrick. [Tpon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. C. CONSIDERATION OF SEI'PING PUBLIC HEARING ON UACATION RE4UEST, SAV #85-06, � VACATE THE UNUSID JOHNSON STREET DIDICATION LYING 1�RTH OF SRYWOOD I�NE A1�ID SOU'I�3 OF I-694: NDTION by Co�cilman Fitz�trick to set the public hearing on this vacation request for January 6, 1986. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. D. O�NSIDERATION OF TiuORKSHARING AGREEMENl' BE`1WEEN `iY-IE CITY OF FRIDT,F'•�' AI�ID THE MINNESOTA DEPAI�PMEPlr OF HUMAN RIGHTS: .Z'� � � r-� I � OD[TNCIL MEETING OF D�'FinaFR 16. 1985 Mr. Qureshi, City Manager, stated the City, some years ago, entered into a similar agreenent with the hlinnesota Dep3rtrnent of Hiunan Rights. iie stated the HLUnan Rights De�rtment has been reorgamzed and they are updata.ng their agreenents with munici�alities. Councilman Goods�ed stated that the agreement provides for the Fridley No--Fault Gxievance Conunittee to Kartic�Fate in tzaaning and to serve as a neutxal p�rty in cases of alleged discrimination. NIr. Bill Hunt, liaison to the Htunan Resources Conmiission, stateci there are manbers of the Commission who are willing to g�rtici�ate in this training. He further stated the Fridley No-Fault Grievance Committee is sti11 functiomng and this is a restructuring of the program. rDTI0i3 by Councilman Goodspeed to concux with the recommendation of the Hwnan Resources Commission and Planning Commission ano approve the worksharing agreement with the Minnesota Department of Human Rights. Seoonded by Councilman Schneider. Upon a voiae vote, all voting aye, Mayor Nee declared the motion carried unammously. E. CONSIDERATION OF RF�COMMEDIDATION TO APPROVE THE REQUEST FROM ANOKA OOUNTi( FOR S10,000 FOR CURB ADID GUTTER IMPROVEMENTS IN LOCKE PARK: Mr. Flora, Public Works Director, stated a reo,uest was received by Anoka County for the City to prwide $10,000 taaards the oost of curb and gutter improv�nents in Locke Park. Mr. Floca stated the Parks and Recreation Cammission reviewed the request and reoommended approval to wlnch the Planning Conunissiom m�curred. Coimcilman Goalspeed stated he didn't feel there was an overwhelming need for the curbing to be installed, haaever, as long as the City is making the request of the County to make the mprovenent, he mwed the fellaainq: MOTION by Councilman Goodspeed to concur wrth tihe recommendation of the Farks and Recreation Commission and Planning Commission and authorize $10,000 tavards the oost of curb and gutter improvements in Locke Park. Seoonded by Councilman Fitzp�trick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unammously. F. ITEM FROM THE APPEALS COMMISSION MEETING OF DECEMBER 10, 1985: UARIANCE REOUEST 7+0 RIDUCE THE SIDE YARD SETBACK FROM 50 R� 40 FEET AT 7601 BAKER STREET. RMS COMPANY. BY DENNIS FOIZCELLE: Mr. Flora, Publc Works Director, stated the Appeals Commission recommended approval af a vanance request from RMS Com�xny to reduce the side yard setback fran 50 to 40 feet to allaa e�ansion of their facility. Mr. Flora stated the lot is 100 feet wide and requirea side yara setbacks total 65 feet 815 feet on the north and 50 feet on the south. He stated the �titioner felt a 35 foot wide stYUCture would not be econanically feasible and not very futtctional fox their proposed use. He stated if the variance -7- _ _ , _� , . .... �, z�� 6. �UNCIL MEETING OF DECEMBER 16, 1985 is granted, the petitioner should work to establish a pxoper use of the south 15 feet for screemng purposes, NDTION by Councilman Schneider to concur with the recommendaton of the ApFeals Conunission wii-h the stipu].ati.on that the petit�.orier work with staff to establish a pro�r use of the south 15 feet for screening purgoses, and to oome up with a dratnage plan. Seconded by Councilman Barnette. Upon a voice vote, all voting aye, Mayox Nee declared the motion carried unanzmously, MOTION by Councilman Barnette to receive the minutes of the Planning Commission Meeting of December 4, 1985. Seconded by Councilman Schneider. Upon a voioe vote, all votiny aye, Mayor Nee declared the motion carn ed unarumously, RECEIVING BIDS AND AWIIRDING CONPRACT FOR WATER ADID SEWER PROJEGT N0. 160: MJTION by Councilman Schneider to receive the follaaing bids for Water and S�aer Pro�ect No. 160: 1�11.�``T;C�;11�:�7 Civ�l Stxuctures Saqinaw, NIDt 55779 C,W. Houle 130o w, rnty. Rd. i St. P'dul, N$V 5511`l Encon Utilities 1530 East C1iff Rd. Rurnsville, PM7 5555337 I�H Construction 17545 6t-h St. NE Anoka, N�V 55304 Amencan Contxacting Corp. 1161 Eagle St. r7E Coon Rapids, NY�7 55433 Dawson Construction, Inc. 540 Greenhaven Rd. Anoka, [�V 55303 Bomne Excavating, Inc. 12636 Main St. Rogers, hN 55374 Frattalone Excavating 3066 Spruce St. Little Canada :r � 5� 5� 5� 5� 5g 5� 5� 5% Lake Area Utility Contracting 6995 20th Ave. Hugo, NN 55038 5� � a� $ 98,358.00 104,265.20 105 ,317 .25 105,833.50 106 ,089.17 109,955.00 112,975.15 117 ,426 .38 123,079.25 , ' , I I L� COUNCIL MEEPTNG OF D�'FmrtFR 16 , 1985 Crossings, Inc. P.O. Box 10 Prior Lake, t�A7 55372 Hydr000n, Inc. Box 129 North Branch, L�YV 55056 5� 5� 1L5,288.�0 205,185.00 �� � Se�nded by Councilman Goodspeed. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unammously. Mr. Floxa, Public Woxks Dixector, stated 11 bids wexe xeceived and the low bidder was Civil Structures at $98,358.00. He stated staf£ would recommend thEy be awarded the contract for this pro�ect. NDTION by Councilman Schneider to awaru the contzact for Water and Sewer Pro�ect No. 160 to the low bidder, Civil Structures, in the �nount of $98,358.00. Seconded by Councilman Barnette. U�un a voice vote, all voting aye, Mayor Nee declared the motion carried unaru.mously. 7. RESOLUTION N0. 107-1985 ESTABLISHING THE CIVIC CENTER CONSTRUCTION PRQTECTADID THE TRANSFER OF $250,��0 FRQM THE CAPITAL IMPImVEMENT RESERUATIQN OF F[R�ID BALANCE AND 4250,000 FOR FIXED ASSESSMENT REPLACEMENT FROM THE GENERAL FTJDID RESERUATION OF FUAID BAL.�NCE: hDTION 17y Councilman Fitz�atrick tc adopt Resolution No. 107-1985. Seconded by Councilman Schneider. Upon a voice voce, ali vating aye, Mayor Nee declared the rnotion carned unammously. 8. RESOLUTION ND. 1U9-1985 AUTHORIZING THE ISSUANCE ANL7 S[1LE GF SERIES 1985 COMMERICAL DEVELOPNIE1�Fi" REVENUE BOM7S (COLUMBIA PARK PROPERTIL;; PRQ7EC1) , AND APPROVING THE FORM AN�1 t-�UTHORIZTIQG THE EXECUTION OF NECESS%1RY 1'ACUMEL�S: � Iu�r. Qureshi, City Planager, stated the Council approved a preliminary resolution for t,�� :ale of these bonds for expansion of the Columbia Park Clim.c and parking facilities. He stated this resolution would a11ow them to sell bonds and obtain the funcling. Mr. Qureshi stated, even though they have a desire to proceed with the financing interc�lly, thEy are working on detailed plans to, hopefully, be ready the early p�rt of the year so mnstruction can pro�ed in the later �rt of the oonstruction season. F7 � I�DTION by Councilman Goodspeed to adopk Resclution No. 109-1985. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carned unammously. RESOLUTION N0. 108-1985 APPROVING AND AUTHORIZING SIGNING THE AGREEMENT ESTABLISHING [�RKING COAIDITIONS. WAGES AAID HOURS OF POLICE OFFICERS OF THE CTTY OF FRIDLEY POLICE DEPARTMENT FOR THE YF,AIt 1986: Mr. Qureshi, City M�nager, stated the agre�nent prw ides for a 4.5� increase in wages; an increase in insurance of $10 per month; an increase in investigator Fay of $10 per month; and an increase in mimm�nn �urt time Fay fran two to three hours for officers who axe required to appear in couxt � ��� COUNCIL MEETING OF DECEMBEI2 16, 1985 within eight houxs of wmpleting their shift beween 3:00 a. m. and 9:00 a. m. NDTION by Councilman Fitz�trick to adopt Resolution No. 108-1985. Seoonded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carned unammously. 10. �NSIDERATION OF 1986 ANIMAL CONPI�L CONI�ZIICP: � Mr. Qureshi, City Manager, stated proposals were received for the 1986 ammal control oontract. Three other proposals were submitted, along with the one tran MAPSI, the City's present oontractor for these servi�s. Mr. Qureshi stated there is a recommendation from the Public Safety Director, Jun Hill, that the City oontinue the contxact with I�PSI. NLITION by Councilman Schneider to authorize the Mayox and City Manager to enter into a contract with the Nlinnesota Animal Patrol Services, Inc. (MAPSI) for animal control services for 1986. Seconded by Councilman Fitz�trick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unammously. 11. RESOLUTION N0. 110-1985 AWARDING TE� SALE OF $11,550,000 UARIABLE RATE DEM AND GENERIIL OBLIGATION TAX INCREMENT BOAIDS: AND CONSIDERATION OF AGRFFMFnm WITH MILLER & SCHItOIDER: Mr. Qureshi, City Manager, stated this is a wmbination of the increment bonds that will be sold fox pro7ects already constructed or the ones for which the HRA has entered into an agreement. He stated it would provide funds for the Lundgren pro7ect at h]ississippi and Umversity Avenues and the Lake Fbint pro7ect on the site of the 100 7Sain Drive-In property. ' NDTION by Councilman Fitz�trick to adopt Resolution No. 110-1985. Seoonded by Councilman Goodspeed. Upon a voice vote, all voting aye, Mayor Nee declared the motion carned unammously. Mr. Casserly, representing Millez & Schroeder, stated on this bond issue. they will L�e the underwriters and not the financial advisor and two fees cannot be charged. Mr. Casserly stated in a normal general obligation bond issue, the disoount �aid for persons who sell the bonds rwis between 1.8 to 2� of the bond issue. He stated, on this kind of bond issue, because of its unusual r�ature, there are not a lot af sales involved and, as a result, the fee for the variable rate bond issue is approximately 1�. Mr. Casserly stated, in the Weir pro�ect (Lake Point, 100 Twin Drive-In Property) , the3 w�ll be �aying the fees and is �art of the developer's oost. He stated the only other fees that would exist. and they would be fairly s1na11, might be for advising or a series of analysis such as f or the Lundgren pro�ect. He stated those fees are on an hourly basis and there are -10- � � ��� 4 COUNCIL MEEPING OF DECEMBER 16. 1985 adequate amounts in the bond issue to cover such fees. Mr. Casserly stated the g-�yment to the bank praviding the letter of credit is 3/8 of a�roint. He stated it is an annual fee and the first year fee can be �aid out of the bond proceeds. He stated, in this case, the imderwriters have had a oounsel to help pre�are the official statement. He stated there would be a fee for printing the bonds and before they are placed, there , would be a total breakd�an of all �sts for which he is estimating between 2 to 2-1/2�. NDTION by Councilman Schneidex to authorize the execution of the disclosure letter with M�.11er & Schrceder. Seconded kry Councilman Barnette. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unammously. N3r. Sid Imnan, representing Mr. Weir, stated Mr. Weir was unable to be here this evemng, haaever, he wished to oorrvey to Council that he wanted to move ahead with the desicp� of the intexsection and getting the special use pexmit on the agenda. He stated Mr. Weir has begun the engineering process and wished to continue at his aan risk. Mr. I�anan stated Mx. Weir also wished to express his thanks to the staff and Council for their consideration of these issues. 12. RE90LUTION N0. 111-1985 AN1�IRDING THE SALE OF $3,100,000 UARIABLE RATE DEMADID IMPROVEMENT BOPIDS: NDTION by Councilman Schneider to adopt Resolution No. 111-1985. Seconded by Councilman Barnette. Upon a voioe vote. all voting aye, Mayor Nee declared the mot�.on carried unammously. 13. RESOLTFrION N0. 112-1985 TO GR�TP THE CITY MAAIP,GER AUTHORITY � A[fPHORIZE A N AGENP OF RECORD FOR PI3�PERTY-CASUALTY INSURANCE SERVICES: � Mr. Bill Hunt introduced Dr. Andrew Whitman, consultant for the City's insurance. Ds. WhLtman stated he was required k� the Board of Regents o£ the Umversity of Minnesota to make it clear he was in no way representzng the University of NLinneSOta. Dr. Whitrnan stated he was retained as a consultant to the City for risk manag�nent and renewal of pro�Zrty-casualty insurance. He stated the City's current contract for these �rvices will expire the end of this year and bids have been reoeived fran three aom�n�es to be considered as the City's agent for the r�ext three years. The three mm�mes who staL-mitted bids were First Insurance Valley View in Bloanington, Minnesota; Maquire Agency, Inc., St. Paul, Nltnnesota; and T. C. Field and Com�ny, St. Paul, Nhnnesota. Dr. Wh�trnan and the City staff had reooirnnended that T. C. Field and Com�ny, St. Paul, Nlinnesota be desic�ated as agent of re�rd for risk mar�agement and -11- � ��� COUNCIL MEETTNG OF DECEMBER 16. 1985 insurance services fox the Czty. Mayor Nee asked if this o�verage was eqtuvalent to what they reoeived in the pxevious three year oontract, Dr. Whitrnan stated the covexage would be the same. M�TION by Councilman Fitz�trick to adopt Resolutlon No. 112-1985. Seconded by Councilman Goodspeed. Upon a voice vote, all voting aye, Mayor Nee , declared the motion carried unammously. 14. CONSIDERATION OF A POLICY REGIIRDING UMBRELI�A CAVERAGE BEYOAII? LECAL LIMITS OF LIABILITY: Dr. Andre,a Whitman, the City's insurance consultant, reviewed umbrella insuranoe ooverage beyond the lec�al limits of liability. Dx. Whztrnan stated, according to NLi.nnesota Statutes, the City's liability for torts is limited to $200,000 per claimant and $600,OOD per occurence. The question is if the City wishes coverage above these l�.mits tr� purchasing umbrella ooverage, He stated they have a quote of $61,000 for $1,000,000 in excess of pximary policies. Dr. Whitman stated, even if this tanbrella was purchased, the City should be aware of some ma�or exposures which are not included. He stated some of these exposures are pollution or clean-up fxom any pollutants, cliscrimiration, violat�,on of civ�.]. liberties, liquor liability, and child molestation. Dr. Whitrnan stated, therefore, there wouldn't be complete ooverage even with the �anbrella. Dr. Whttrnan stated the Council oould decide not to purchase the ianbrella naa � and the broker would comnue to look for a market that will come up with a more reaeonaY�le preniun and a policy broader in sco�. Councilman Schneider asked if the City has had ariy claims where the3 thought thcy may have to use the unbrella ooverage. Dr. Wh�.trnan stated the City has not even came close. Mr. Herxick, City Attorney, asked if the City didn't have supplemental �verage in the �ast. Dr. Whitman stated it is in force now and is the police professional liability �verage. He stated this will only cover in areas of law enforcemetit activities. Mr. Herrick stated it se�s if there are areas where the City is un-insured, the Council and all de�artment heads should be well �aare of these facts. Dr. Whitrnan stated he re�i�aed the policies the City had bef ore and hasn't found any �:olicies that were brcader than the League's. Mr. Herrick stated it was e�cplained, when the police professional insurance was taken out, it would cover the Council and City Attorney on civil rights -12- � Ls u� a.7 COUNCIL MEETING OF DECEMBER 16. 1985 cases. He stated that was several year ago and whether the coverage has been less over the years, he citdn't know. Dr. Whitman stated the ooverage the City had under the police prof essional insurance is restrictive to areas of law enforcement activity. � Mr. Herrick stated he thinks the ooncern �s if some things can't be mvered, affiunative steps should be taken to protect the individuals who might be involved. Dr. Whitrnan stated NI�nnesota SY.atues which include the $600,000 � lunits also ref er to punitive damages and includes the mandate to indemnify. Mr. Qureshi, City Manager, felt the question is if the City should seek an wnbrella which really doesn't give the r�eeded coverage. Mr. Bi]l Hunt stated Dr. Whitman's final report will include a list of coverages wic3er the previous policies and what would be covered in 1986. He stated they are making arranc�ements with the agent to provide traimng for risk man�gement to mimmize e�osure fox areas that aren't aovered. MOTION by Councilman Barnette to table this item pending receipt of additioral information. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unammously. 15. CONSIDERATION OF AN EMPIAYEE SEPARATION BENEEIT: Mr. Qureshi, City I�hr�ger, stated the Council had appr wed a proposal for an employee se�ration benefit plan. He state� it was the zntent to include a prwision in the glan for enplayees not nearing retirenent. He stated, upon further investicjation, it was found Minnesota Statues forbids cities to oontrihute to such a deferred compensata on glan. ' Mr. Qureshi stated, since the approach first proposed cannot be pursued, this mocltfied plan is presented which would provide a seXaration benefit of fran $2,000 to $4,000 for engloyees hlred prior to Januazy 1, 1986 who have ten years or moxe of service with the City. , hDTION by Councilman Schhneider to apprwe this modified seg3ration benefit plan for long-term enployees. Seconded by Councilman Barnette. Upon a voice vote, all voting aye, Mayor Nee declard the motion carried unammously. 16. COMMUNICATIONS: REOUEST FROM FRIDLEY CHAMBER OF COMMERCE FOR TEMPORARY ON-SALE LI9UOR LICENSE; REQUEST FROM FRIDLEY ROTARY CLUB FOR TEMPORARY ON-SALE LIQUOR LICINSE: AND CONSIDERATION OF FIRSi' READING OF AN ORDINANCE AMEbIIJING CHAPTER 603 OF THE FRIDLEY CITY CODE BY ADDING SECTIONS 603.05.10 AND 603.24: RENUMBERING EXISTING SECPION 603.23 AI�ID FUi'HER AME'AIDING SEC'PION 11.10 OF CI�APTER 11. -13- �i-�� COUNCIL MEETING OF DECEMBER 16, 1985 Mr. Duane Pra2rie, representing the Rotary Club; Mr. DeWayne Schleiss, representing the Ch�nber of Commerce; and Mr. Bob Cook, representing the Lions Qub, ap�xaced befare the Council relative to the Lions Qub obtainng a tenporary on-sale liquor license to �rve liquor at dinner events which will be sponsored by the Rotary Qub and Chanbex of Commerce. Mr. Herxick, City Attorney, stated the State statute gives the City the authonty to issue a tempozary license to a charitable oxgamzation in connection with a social eaent when it is sponsored by the licensee. He stated, in these cases, the Lions Club is not sponsoring the events. He felt the license wuld not be issued without adoFitinq an ordinance. He stated the r�uiranents are that the applicant be a group, charitable or religious, or other non-profit orgamzation and be in existence for three years. He stated the Coimcil may get ather requests, if such an ordinance is enactec3, haaever, there is the optian to repeal it if it gets out of hand. Mr. Herrick stated an ordinance has been prepared and Council could have first reading, if thEy wished. MOTION by Councilman Fitz�trick to waive the reading and approve the ordinance upon first reading. Seconded by Councilman Goodspeed. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unammously. 17. APPOINTMENT: CITY EMPIAYEE; NDTION by Councilman Barnette to concur with the following appointment by the City Mar�ager: NAN� Teresa C. Shields 7599 University Ave Fridley, hYV 55432 Ii�SITION Secretary Public Works STARTIIdG SALARY $1,250 I�Y Month START]NG I�1TE December 11 1985 REH�ACES Jean Ottensman Sewnded by Councilman Schneider. Upon a voic� vote, all voting aye, Mayor Nee declared the mot,ion carned unammously. 18. (x,AINLS: MOTION by Councilman Barnette to authorize payment of Claims No. 5755 through 5936. Seconded Yr� Co�cilman Schneider. Upon a voice vote, all vot�.ng aye, Mayor Nee declared the motion carned unammously. 19. LICENSES: rDTION by Councilman Schneider to approve the lioenses as submitted and as on file in the Licens� Q erk's Office. Seconded by Councilman Fitz�a trick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unammously. -14- � ' �� � COUNCIL MEETSNG OF D�CEMBER 16, 1985 20. ESPIMATES: NDTION by Councilman Fitz�etrick to apprwe the estimates as suixnitted: Herrick & Nc�man, P.A. 6279 Umversity Avenue N.E. Fridl�, NIIV 55432 For Legal Services Rendered as City Prosecutor for the Month of Novanl�er, 1985 . . . . . . . . . .$ 1,892.05 �nith, Justex, �ikena, Melmon & Haskvitz 1�00 IDS Czmex Minneapolis, NN 55402 For Legal Services E2endered as C1ty Prosecutor for th e Month of September, 1985 . . . . . . . . . $ 5,401.77 For Legal Servioes Rendered as C1ty Prosecutor for the Nbnth of October, 1985 . . . . . . . . . . $ 7,0&7.50 Monette Construction Comg'�ny 2050 White Bear Avenue St. Paul, NN 55109 FINAL FSTIMATE . . . . . . . . . . . . . Police Garage & Storage Facility D.H. Blattner & Sons 1 South Wabasha Navy Island St. Paul. NN 55107 . . . $ 2,500.00 Moore Lake Restoration Pro�ect - Phase 11 Estimate No. 5 . . . . . . . . . . . . . . . . . . $20,344.25 :� �..� � Bonine Excavattng, Inc. 12636 Main Street Rogers, NAI 55374 Water & Sewer Profect No. 156 Partial Estimate No. 1 . . . . . . . . . . . . . . $ 9,408.94 Seconded 1� Councilman Schrreider. Upon a vaice vote, all voting aye. Mayor Nee declaxed the motion carried unammoasly. Mr. Quxeshi, City Marager, stated staff wants to make sure there is adequate protection on the �rolice garage and storage facility, and this would be checked with the City Attorney's Office, t�ef ore final payment is made to Monette Construction Com�any. AA7WRNMENT• NY�TION by Councilman Schneider to ad�ourn the meeting. Seconded by Councilman Barnette. Upon a voi� vote, all votinq aye, Mayor Nee declared the motion carried unammously and the Regular Meeting of the Fridley City Council of December 16, 1985 ad�ourned at 10:35 p.m. Respectfully sukm itted, -15- � , :�;�� COUNCIL t'�ETING OF DECEMBER 16, 1985 ���- °��� Carole Naddad, Secy, to the City Council Apprwed: -16 - �`"„ "' _� r\�- Wil.liam J. Mayor � ' � �