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06/02/1986 - 00011596L__J � � MIN[TPES QF THE RDGULAR MEEPI OF TIIE FRIDLEY CITY CO CIL F JUNE 2 1986 �he Regular Meet�.ng of the Fridle� City Coimcil was called to order at 7:35 p.m. � Mayor Nee. PLIDGE OF ALLDGIANCE• Mayor Nee led the Coimcil and audience in the Pledge of Allegiance to the Flag. I�LL CALL: MENBFRS A2ESFNT: Mayor Nee, Cotmcilman Barnette, Councilman Schneidex, Councilman Fitz�atrick and Coimcilman Goodspeed MEPBFRS PBSENT: None APPId�VAL OF MINUTES• COUNCIL MEETING, MAY 19. 1986: NDTION !� Councilman Schneider to apprwe the minutes as preserited. Seoonded by Councilman Barnette. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unammously. ADOPTION OF AGEPIDA• Zhe follaaing items were added to the agenda: (19) Conszderation of a Resolukion Confiuning Assessnent for the Plar-Len Plat for Street Improvanent Pro�ect ST 1986-1&2; (20) Consideration of a Resolution Authorizing and Directing the Sglitting of Special Assessnents for Parcels 1800 and 1810, Section 3; (21) Consideration of Chanqe Oxdet No. 1 for Stxeet Impxovanent Project ST 1986-1&2; and (22) Receiving Meno dated May 28, 1986 from Dave Naart�an, Assistant Ca.ty Attorney Re: S1gn Ozdinance as it relates to Mr. 5kinner's Property. NDTION by Councilman Fitz�trick to adopt the agenda with the above addit�ons. Seoonded b� Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unammously. OPIN FORUM. VISITORS• 5IQiS ON RP.LPA SKINNER' S PROPEI(PY: Nl�yor Nee stated the� are a n�nnber of people present who were at the last Council meeting and voiced their ob�ections to signs located on Mr. Skinner's property. Mayor Nee stated the Council requested a report fran the City Attorney concerning the City's power to regul ate this kind of a sign use in residential areas. Mr. Herrick, City Attormy, stated his office has reviewed the ordirance and -1- �15 COUNCIL MEE,TING OF JUNE 2, 1986 116 � it does not specifically cover this Farticular s�.tuation. He stated this is a ooncern as well as the ooncern about wheth er there may be an issue of free speech involved. He stated, to surnnarize th e mano the Cotmcil received f ran his office, it is their reoommendation, �f this matter isn't resolved, the City take steps to amend the Sign Ordinance to specifically cover this situation. He stated if it is then still in clispute, to institute a court action, a declaratoty 7udgnent, asking the oourt to find the sicp�s that are presently in existence in violation of the City ordinance. Mr. Herrick stated he f elt language in the present Si� Ordi n3nce is not specific enough to include the sic�s in question. Mr. Herrick stated he didn't think the City has the authonty to oompletely prd�ibit that type of activity. Mayor Nee stated it shoulcl be made clear that type of sign wouldn't expressly be prohibited, and the Ctty wouldn't �ss arry law that, in fact, would reduce someone's ability to publish their ideas. Mr. McCulloch■ 6185 Heather Place, di�'t feel the answers this eveiung were ariy d�.fferent than from the last meeting. He felt the signs on Heather Place served no purpose to arr�one and thought NIr. Skinner was doing this to get on with his progr�n of self-indulgence. He felt some action should be taken. NHyor Nee asked that Mr. McCulloch he given a oop� of the mano frtm the City Attorney's Office. He stated this iss� has been well-researched. � �tmcilman Schneider stated it isn't a txivial matter of exercising police Fower to renwe the sic�s, but there is a constitutior�l issue irivalved. He stated he doesn't recessarily agree with what P7r. Skinner is doing, but believes he has the right. Mr. McCulloch stated he doesn't di�gree a person should be able to say what he wants, but only to a degree where there is a limit on the nwnber of signs. He felt the sicyis are creat�.ng a nuisance in the area. He felt the wurts should make a decision in this case and the Ca.ty has an obligation to support the residents who are ob�ecting to the sic�s. Cotmcilman Schneider stated the question he has is on what do thEy take Nlr. Skinner to oourt, if the Gtty Attor�y's opimon is the Ca ty doesn't haue an otd�.nance to oover the type of sicyis Mr. Skinner has on his property. Mr. McCulloch stated there are violations in the setbacks, size and quantity of sic�s. Co�cilman Schneider stated the setbacks in the Sign Code relate to polit�cal, c�orrnnercial, and real estate signs, but clon't include signs that are an e�ression of an opinion. Mr. McCulloch stated the�.r only option then is that it is a blight on the r�eighborhood and felt their taxes should be reduced. � Ms. Meier6achtal, 6171 Heather Place, asked if the Ca.ty Attorney was aware there are two types of stcyis. She stated the real estate signs relate to this issue. -2- 117 COUNCIL MEEPING OF JUNE 2. 1986 ' Mr. Herrick stated he is aware there are two d�.fferent types of signs. He stated it may be possible to bring action on the sic�s relating to the real estate and have this resolved, but it won't solve the problen. Ms. Meierbchtal stated the� are only asking for enforcenent of the existing code. Mrs. Vasecka, 5427 4th Street, stated she supported Mr. Skinner. She stated no one tried to help then when the3 di�'t want Commimity Options located in their area. Mrs. Nelson, 6080 Central Avenue, stated she also supported Mr. Skinner. 5he felt Mr. Skinner didn't put that sign up to irntate anyone, but to express haa he feels. She stated if anyore else was landlocked, they knaa haa he feels. She stated she was in the same situat.�on. She stated he is Faying taxes for his land and should be able to have the sicy�s. Mr. 'itsn Brickner, 6194 Heather Place, stated Mrs. Nelson mentioned Me. Skiru7er was landlocked. He stated he questions if Mr. Skinner is any more landlocked today than the day he mwed irito his hane. Mayor Nee stated the statenent about being landlocked is false and nothing has happened to change Mr. Skinner's status. Mr. Bnckner stated this means you can put anything you want on a sicy� whether it is true or false as his � name is on Mr. Skinner's sign. He stated one sicyi says he has lots for sale and the property isn't e�en giatted. Mayor Nee stated the fact is there may be falsehoods on those sicyis, l�ut Mr. Brickner may be better off taking a private action regarding these falsehoods, as the City is not in a position to act. Mayor Nee stated the issue on whether the Council should take steps to change the ordimnce will be discused later in the meeting. He felt, even if there are amendments to the Sign Code, this type o£ activity cannot entixely be suppxessed. Councilman Schneider felt Mr. Srxckner and Mr. Skinner should meet to resolve the issue that caused the sic�s to be put up in the first place. Mr. Skinner stated it is imfair to ask the Council to iron out a probl an wYuch is between him and Mr. Brickner. Ms. N�ierbachtal stated she would like the real estate signs mPasured to see if the� meet the oode. She stated if the� find permits are needed and there are none, she felt this should be ca.ted as a violat.ion. Mr. I�vid Anderson felt, in order to settle this argument, access should be prwided to Mr. Skinner's property. � L'h3yor Nee stated a proposal has been submitted to Mr. Skinner to try and resolve this issue. -3- COUNCIL MEETING OF JUNE 2. 1986 ilt � Mr. Qureshi, Caty Nhrr3ger, stated what has been proposed to Mr. Skinner is, if he desires to Fsy the cost af access to his jJTO�°Y�, the City woula woxk with Mr. Brickner to acquire that access. He stated, in 1982, the City assessed Mr. Brickner $179,554 which is an assessment against 11 lots. He stated the G.ty is proposing taking this same fic�ure and divide it by 16 lots (11 for Mr. Brickner and 5 for Mr. Skinner) or a cost of $11,222 per lot with four years of ir�terest at 9�, for a total of $15,261 per lot for Mr. Skinrer. Also, the City would be wi].ling to defer the cost up to five years at 9$ interest. He stated, if this is acceptable with Mr. Skinner, he would be �aying exactly what Mr. Bnckner p�id for his 11 lots plus Mr. Brickner would have given all the nght-of-way. He stated all the road is actually on Mr. Bnckner's property. He stated f4r. Skinner would have the advantage of the entire street which has been completed and knaw what is developed to the south of his property. Mr. Qureshi stated the City is waiting for a reply fran Mr. Skinner regarding this pro�.rosal. Mr. Skinner stated the reason he hasn't replied to Mr. Qureshi's letter is that he was asto�mded b� the hy�nthetical proposal. He stated if the City had assessed his property in 1982 and deferred the �st, he would owe then $20,000 in interest. He stated he can't understand if the� would have done something that didn't happen, how he could be charged $20,000 on a hypot,hetical question, and is seeking some legal advice. He stated the City is assuning he wouldn't have sold the lots. He stated he wouldn't �y 9� interest to the City for four years. � Cowicilman Schneider asked Mr. Skinner if the matter of the $20,000 in interest wasn't a oonsiderat�on, if he would 6e oomfortable with the other issues. Mr. Skinrnx stated he intends to have a countex-pxoposal in a mattex of days. Councilman Barnette skated it seems the proposal by the City Manager is reasonable and f air and hoped progress can be made to resolve this issue. Mr. Skinner stated he appreciated the Council's patience in trying to resolve the matter anci would try to cooperate. He c3�dn't want the Council to feel he was trying to poiirt then out as the "bad guys" and it wasn't a �rsorkzl thing. PUBLIC HEARIIVGS• 1. PUBLIC HEARING ON THE MATTER OF A VACATION REOUEST. SAV #86-01, GENERALLY I�OCATID AT 55 - 77Tfi WAY N.E.. BY LESLIE KOIII�NEK: hDTION Ix Councilman Goodspeed to wa�.ve the reading of the public hearing notice and open the Fublic hearing. Seconded by Councilman Fitzpatrick. Upon voice vote, all voting aye, Mayor Nee declared the motion carried � unantmously and the public hearing opened at 8:45 p.m. Mr. Robertson, Gonvn�ity Developnent Director, stated this is a request for the vacation of a drair�ge and utility easemerit wYuch rena�.ns over the west -4- ' � � COUNCIL MEETING OF JUNE 2, 1986 one-half of vacated Gtmwood Street. Mr. Robertson stated the reason for the vacataon is the petit,ioner is proposing to construct a warehouse to the south of the existing building. Mr. Robertson stated there is also a variance and special use permit associated with this vacation r�uest wh�ch is on the Coimcil's agenda later in the meet�.ng. N¢. Robertson stated Minnegasco and Northern States Pow er have been mntacted and M�.ru�egas� indicated their lir� is strictly private and have no xnterest in maintaim ng an easement. Mr. Robertson stated Northern States Paaer has a line, Y:ut is willing to work with the petitioner foz a private easenent. Mr. Robertson stated the Planm.nq Commission has recommended approval of this vacation request with th ree stipulations which he outlined. Councilman Goodspeed asked if the wrrect address is 77th Way or 77th Avenue. Mr. Flora, Public Works Director, stated it was origirr�lly Way and was changed about a year ago to Avenue. He stated, at his time, hawever, the mailing address is still being used as Way until the address changes are acbpted. No persons in the audience spoke regarding this pro�sed vacat�.on. P'DTION l� Co�cilman Goalspeed to close the public hearing on this vacation ra�uest. Seaonded 1� Counclman FitzFetrick. Upon a voice vote, all voting aye, Mayor Nee declaced the motion caxried unammously and the public hearing closed at 8:47 p.m. OLD BUSINESS• 2. CONSIDERFITION OF A SPECIAL USE PERNfr, SP #86-02, TO ALLOW A MOTOR VEHICLE FUEL AAID OIL DISPENSING SERVICE AND A MOTOR VEHICLE WASH ESTABLISHMENT. �Fn�:rxn,r.r,y �,�TID AT 5300 CENPRAL AVENUE N. E. , BY 0 PETROLEUM: APID 3. ODNSIDERATION OF A VARTIINCE RD2UEST. VAR #86-03 TO RIDUCE THE REOUIRED IAT SIZE. RIDUCE THE F1�NT YARD SETBACK. RIDUCE THE REAR YARD SETBACK, REDUCE THE DRlVEWP.Y/PARKING SEiBACK G�:RAr.TY I,OCATID AT 5300 CENrRAL AVENUE N E BY Q PETROLEUM• I�yor Nee felt Iten 3, oovering the variances should he discussed before mnsidering the special use permit ra3uest. Mr. Flora, Public Works Director, stated the variances rcquested by Q �troleian are to allaa then to rebuild their e�sting service station. He stated the Council had suggested that possibly, by vacating and combining the right-of-way the C,�ty currently aans to the east, the buildiny may be realicyied and use the available property for better access off 53rd and Central. Mr, Flora stated the petitioner met with representatives of the Etnbers -5- 119 � � C CWNCIL MEETING OF J[]I� 2, 1986 Restaurant and came up with an alternate proposal, based on the Council"s suggestions. He stated there wete sarne pxoblens in reaching an agxeenent with FYnbers and the petitioner has naa come txzck with the origiral proposal. Mr. Flora stated a total of fouc vanances are requested. Ae stated one is to reduce the ra�uired lot size fran 35,000 to 23,746 square feet; to reduce the front yard setback fran 80 to 70 feet off 53rd and the access drive; to xeduce the reaz yaxd setback fxan 40 feet to not less than 15 feet; and to reduce the drivEVray/parking setback from 2D to 10 feet and 5 feet respectively on the easterly lot line and 10 feet on the southerly lot line. Mr. Flora stated the variances are ra�uired because this property is zonea C-3 wh�.ch is more restrictive than a C-2 zone. He stated if this was zoned C-2, only a vaxiance fox the Fsxking would be �eded. Mr. John Kosnas, KK Desicy�, stated they are proposinq a 1,400 square foot L�uilding a� the car wash Zs 720 s�uare feet. He stated, currently, their building is 1,300 square feet. He statec the request for the variances would renain the :ame regardless if thEy have the car wash or riot. O�imcilman Schneider asked why the differences with gnbers couldn't be resolved. Mr. Flora stated there were a n�nnber of issues. He stated Q felt the� were being r�uired to build, mai�ain, and opexate all the roaciaay ancl Dnbers wanted line-of-sic�t priority and the service stata.on restricted to a 107 foot setback rather than the 80 foot setback. Mr. & Mrs. Brannon, aaners of the car wash to the west of this property, were ooncerred about their visibility from Central Avenue. Mr. Brannon stated the k:uildting is naa located on the west side af the lot, but with the pro�.vsed rebuilding, it elimirates thear site lines. O�uncilman Goodspeed felt this xaises the question if the City has the right to stop a ma�or project because the property aaners in back want to have exposure. Mr. Brannon stated the G.ty has an orcti.r�nce that addresses this point. Mr. Qureshi, Ctty Manager, stated the orclirr3nce addresses traffic site lines, and not business site lines. Mr. Herrick, City Attorney, stated the fact is this is an existing lot and the rsiuiranents have changed so it isn't o�nforming wluch creates somewhat of a grandfather situation. He stated he felt it affects not only the vanance, as far as the s3uare footage of the lot, but has some effect on the valicli.ty of the request for variance on the distances from the lot lines. He stated if the City were to apgly a strict application of all the front yard setbacks, rear yard setbacks and side yard setk�cks, in general, you might have so�ne existing lots that would be non-buildable. He didn't think the City would war�t to get into this posit�.on. Mr. Herrick stated he is not saying the Coimcil has to allaa this specific size building on the lot, but have to make it be a reasorable use of the propecty. Mr. Kosmas stated he wouldn't be able to comply with the setback � � zc� COUNCIL MEETING OF JUNE 2. 1986 12� � requirements by moving the builda.ng forward. He stated, with this mnfiguration, thc� have better oontrol of traffic and access. Mr. Kosmas stated Mr. Brannon's property is located belaa thear site and he can't keep fran blocking that sLte no matter where they locate the buildi.ng. Mr. Kosnas stated he could build a larger builciing l� code requirenents as this buildinq would cover only about 10$ of the lot. Co�cilman Fitz�trick stated a larger building could l�e constructed in terms of lot mver, but in terms of setbacks, it could not. Mr. Herrick stated the lot coverage is only one requirenent, but you have to meet other requiranents of the o�de which aouldn't be met on this �rticular lot. He stated if you have a strict requirenent of ineeting all setbacks on this property, it may end up nothing could be built. Mr. Brannon stated both the Appeals and Planning Conunission were concerned about overbuilding on this lot. He felt the lot would not only be werbuilt, but traffic would increase. Mr. Brannon presented pictures of traffic in the area and felt the expansion of tha.s business would add cangestion to an already cravded intersection. Mr. Brannon also felt there wasn't a harclship. Nhyox Nee asked if the vaxiance meets the test of haxdship on the matter of the square footage. Mr. Herrick felt Mr. Brannon's comment may have some , validity. He stated increasing the size of Yhe huildi.ng is really creating a hardship. He stated if the building r�nained the same size, he didn't knaa what affect it would have in texms of the variance and if there would be less need for some of the vanances or if some could be eluninated. Mr. Herrick stated a hardship may be self-created, but on the other hand, the Coimcil has to allaa the cwner af the lot to make a reasonable use of the property. He felt if there was a reasonable use, wittrout the variances, it should be explored. Mr. Herrick stated the size of the lot has been reduced because of various goverrment actions and is something the Council should take irtto mnsideration. Cotmcilman Goodspeed stated variances are r�eded in order to have something built on this lot. He stated he dic3�'t want to tell someone they couldn't build because the property in back of them has to remain visible. Cotmcilman Goodspeed stated he would like to help Mr. Bcannon on a variance for the height of a si�. [•DTION 6� Gouncilman Gooclspeed to grant vanance VAR #86-03 to reduce the required lot size fran 35,000 to 23,746 square feet; to reduce the front yard setbacks fran 80 to 70 feet on both the access drive and 53rd Avenue; to reduce tl�e rear yard setback from 40 to not less than 15 feet; and to reduce the driveway/parking setback from 20 to 10 feet and 5 feet respectively on the easterly lot lirie and 10 feet on the southerly lot line. ' Seconded l� Councilman Barnette. Co�mcilman Fitz�atrick stated he doesn't see a haxdship, l:ut is not going to thwart Councilmari Goodspeed's irivestigation into this matter. -7- COUNCIL MEE,TING OF JUNE 2. 1986 � 22 ' Coimilman Schneider also questioned the hardship issue relative to the size of the tuilding, Lwt would support the motion. UFON A VOIC£ VOTE TAiQ�Yd Q�I �IE PBQ�7E [•DTION, all voted aye, and Mayor Nee declazecl the motion carried unammously. MDTION by Councilman Goodspeed to approve that portion of special use permit, SP #86-02, to allav a motor vdiicle fuel and oil d�.spensing service at 5300 Ceritral Avenue lx Q 1�Y.roleun, with the follaaing stipulations: (1) petitioner to otbtain approval and implement a landscape plan; (2) pet�.tioner to obtain approval and implanent a storm drainage plan; (3) peti.t,ioner to sutmit a performance bond to cover site improvanents; (4) protective measures to be implemented to mitigate any erosion or destabilization of surrotmding property; (5) an approved utility easement across the northerly portion of the property be granted to the Ca.ty; and (6) pet�.tioner to work wth Ctty staff on the location of the dwn�ster. Seconded 1� Cowlcilman Schneider. Upon a voice vote, all voting aye. Mayor Nee declared the motion carried unammously. �e Cotmctil then cliscussed the other portion of this special use permit relating to the car wash. Mr. Kosnas, KK Desicpi, stated the Council has a re�rort done Ix the�.r traffic consultam., Barton-Aschman Associates, Inc. , which indicates they do not � antici�ate any operational problans orrsite or arry quetung onto the street. Mr. Kosnas stated they intend to loop the traffic to the back of their establ ishment. Mrs. Brannon stated the winter season is the busiest for the car wash busimss. She stated there would be a problan with congestion at this intersection, with the addition of a car wash, in additaon to the traffic at the Tarqet store during this season. Mrs. srannon stated studies indicate t,hat a car wash would increase business for Q l�troleian I� 30� resulting in increased traffic. Mr. Qureshi, City Manager, stated the Council has provided a munber of variances to allow construction on this site and traffic is a ma�or concern at this intersection. He felt a car wash at this intersection, because of the traffic, may not be prudent. Mayor Nee also voiced concern about the water coming off the cars and causing the roadaay to be icy. Mr. Kosnas stated they have a blwrer anfl dryer systen to renwe surface water, haaever, there would be some left on the vehicles. He stated they try to control the moisture as much as possihle. NDTION b� Coimcilman Goodspeed to deny that portion of special use permit, SP #86-02, mncermng a motor v�icle car wash establishmerit at 5300 Central � Avenue, � Q I�trale�nn. Seoonded L� Cotmcilman Fitz�trick. Councilman Schneider stated he is concerned about traffic at this ir�tersection and, while eaery business should prosper and graa, a ntmi6er of � COUNCIL MEEPING OF JUNE 2. 1986 123 �. � variances were granted. He stated he would support the motion for demal for the car wash due to the increase in traffic that would be generated. UFON A VOICE VdPE TAI�N CN �iE AB(7VE MO�N, all voted aye, and Mayor Nee declared the mot,ion carned unanimously. 4. CONSIDERP.TION OF A VARIANCE RD2UEST, VAR #86-06, GENERALLY LOCATED AT 6299 UNIVERSITY AVENUE N.E., BY W. G. DOTY: Mr. Robertson, Cos�nnimity Developnent Director, skated this item was tabled at the last Co�cil meeting in order to allav time for Mr. Harris and Mr. Doty to meet to try and work out a solution for the parking. Mr. Robertson stated an arranganent has been made for Mr. Doty to use g�rking facilities on the Harris/Herrick property, therefore, only two variances are now needed. Mr. Robertson stated the vanances rquested are to xeduce the side yard settack on a corner lot fran 80 to 30 feet and to reduce the side yard setback south of the builcli.ng fron 15 to 10 feet. Mr. Robertson stated if these variances are approved, staff recommends 12 stipulations which he outlined. Councilman Barnette asked who avned the driveway to the south of this property which was used b� tY�e Cable Television a�m�ny. Mr. Harris stated � thc� have a �oim use with the Cable comFarry. Mr. Harris stated he wanted to make sure the proper draznage is provided so theze isn't ariy additional drai.nage onto their property. He also stated he wanted to make sure there is no access to Mr. Ibty's building on the south s�.de. Mr. Harris stated the plan is to prwide Mr. Doty with seven p3rking stalls in order for kum to mwe his building back farther frcen the service drive. He stated Mr. Doty has agreed, if the Harrxs/Herrick building re�uires additional Farking, he w�.11 prwide this �rking (as shawn on the site plan and desicy�ated as possible future p�rking) and pay 70� of the oost. Caimcilman Barnette asked if there would be a problen with snav storage. Mr. Doty stated the snaa wi7.1 have to be pushed to the west. He stated the drivaaay will be sloped on the east and natural drainage will be to the southeast. Mr. Ibty stated the south entrance has been elunirated. Mr. Herrick stated the only prohlen he oould foresee is the question of the drivciaay into the Ca61e Television oom�rr3. He stated he and Mr. Harns had a �oint drivaaay agreanent. He felt if the Caty is going to request �oint drivsaay and p3rking easement on the portion of the driveweay that runs north/south, it would have to oome fran the aaners of the cable television comg�rr�. Mr. Ibty stated it could �ust be el�minated fran their plan. � Mr. Harris stated he would like a stipulation added that there be no doors on the south side of the building. Mr. Doty stated he would have no obaection to this 6eing added to the stipulations. � � � � COUNCIL MEEPING OF JUNE 2. 1986 HDTIDN tr� Co�cilman Goodspeed to apprwe variances, VAit #86-06, to reduce the side yard setback on a oorner lot (off of 63rd Avenue) from 80 feet to 30 feet and to reduce the side yard setback on the south of the building fran 15 feet to 10 feet, with the folla,aing stipulat�ons: (1) petitioner to make architectural facade modificata,ons as subnitted b� Staff (the addition of fihe canopies and the changing of the entry ways as notea will provide for a more aesthetically pleasing and functional building); (2) provide landscaptng per plan as sulmitted 1� Staff (landscaping to include btick and trees, as per Csnter C.ity motif, al�g the Umvexsity Avenue service drive as well as berming along the service drive and 63rd Avenue - this plan is consistent with the landscape motif established for Center City); (3) provide bnck dumpster enclosure with chain link gate with vinyl slat inserts oolored to matrh brick; (4) architectural facade materials includng bnck and metal Fanels, to be oonsistent with other Center Caty materials - samgles to be sutmitted for Staff apprwal �ior to twilding permit; (5) all sic�age to be aonsistertt with the Certter Caty sicyi program - this includes tt�ck lighted address nwnerals, style and color of signs to be consistent with Center City motif; (6) site plan modification to be implemented consistent with Staff redesign; (7) provide a 25 foot triangular right-of-way on the corner of 63rd Avenue and University Avenue (specificat�.ons to be worked out with Engineering staff) ;(8) provide a walkwa�r easeme.nt for the side�aalk along the Umvers�.ty Aven� sarvice drive; (9) prwide �arking lot lighting the same as other fi�ures used in Center City; (10) provide a drainage plan for Staff approval; (11) provide a performance bond to oover all outside imgrwanents (amount to be determined with application); (12) petitioner to secure arid reoord �oint driveway and psrlsing ease�nerits with aaner to the south; arxl (13) there will be no exits or entrances on the south side of the building. Seconded by Councilman FYtz�atrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unammously. 5. ORDINP,NCE N�. 856 RECODIFYING THE FRIDLEY CITY COAE BY AMErIDING CEIAPTER 512, �TIZZED "M(YPOR VEHICLE REGULATIONS ON PUBLIC. SEMI-PUBLIC, AND PRIVATE PROPERTY" BY ADDING SE(.TION 512 07 ADID RENUMBERING THE CURRENT 512 07 TO 512.08: 7. L'�DTION 1� Councilman Schneider to waive the second xeading of Ordinance No. 856, adopt it on second teading, and oxder publication. Seconded by �tmcilman Barnette. Upon a voice vote, all voting aye, i�'L3yor Nee declared the mot,ion carried unanimously. CONSIDERATION OF APPOINTMEDTrS TO COMMUNITY DEVFS+OPMEN.P APPEALS AND ENERGY COMMISSIONS- NDTION b� Coimcilman Schr�eider to table these appointments. Seconded by Cr�imcilman Bar�tte. Upon a voice vote, all voting aye, l�yor Nee declared the motion carried unatu.mously. NEW BUSINESS: CONSIDERATION OF EIRST READING OF AN QRDINANCE AMENDING SECTIONS QF THE FRIDLEY CITY CHARTER AAID ADDING SECTION 1 04 (DEFINITIONSI• -10- 124 ' 12:� COUNCIL MEETING OF JUNE 2. 1986 � NDTILk7 b� Councilman Schneider to wa�.ve the first reading and approve the ordi.�nce upon first reading. Seconded by Councilman Goodspeed. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unammously. 8. RECEIVING THE MINUTES OF THE PLANNING C6MMISSION MEETING OF MAY 28 1986 A. CONSIDERATION OF A SPECIAL OSE PERMIT. SP #86-04. � ALI�OW EXTERIOR S1nRA�E OF MATERIAIS AAID D7UIPMEN'P. GFtv�zAr,r.y I,OC'ATID AT 55 - 77TH V�iY N. E. . BY LESLIE KOHANEK: Mr. Robert5on, Commtmiiy Developnent Director, stated thls is a request for a special use permit to allaa extra outside storaye of materzals at 55 - 77th Way N.E. Mc. Robertson stated in con�unction with this special use permit, there are also requests for a vacation and variance. Mr. Robertson stated the Planninq Commission has recommended approval of this special use permit with six stipulations, which he outlired. NDTIDN b� Councilman Goodspeed to approve special use permit, SP #86-04, with the fallaving stipulations: (1) prcroic7e an 8 Eoot h�gh screening fence around the perimeter of �he storage area except that screem ng not be required on the west side ad�acent to the ratlroad nght-of-way (solid wood or chain link with slats); (2) provide a berming, landscaping, and ' irngation glan for Staff apprwal; (3) prwide a storm drainage plan for Staff approval; (4) work with Display Arts to accomplish a 7oint driveway easeme.nt on the west half of vacated Gtmiwood, lying south of Lot 11; (5) prwide a s�te performance bond equal to 3� of construction value; and (6) no material to be stored so as to be visible fran the riyht-of-ways. This special use permit is contingent on approval of the vacation request. Seoonded tr� Councilman Barnette. Upc>n a voi� vote, all voting aye, Mayor Nee declared the motion carned unanimously. I �1 OSBORNE ROP,D N.E.. BY HARRIS RP,TI�.YAKE: [�ff. Robe[tson, Cbnunw�ity Developnent Director, stated this is a request for a special use permit to allaa a Montesson/Day Care Facality at 472 Osborne Road. He skated the proposal was for a facility for up to 30 children ranging fran 2- 1/2 to 6 years old. Ae stated an application has been made to the State to license the facility and the hours of opezation would Ue f ran 7 a. m, to 6 p, m. , Nbnday th rough Friday. Mr. Robertson stated the Plaruung Commission has recommended approval with three stipulations. He stated the Planning Commission has recommended stipulations No. 2 and 3 be held and rEVie,aed 1� the Staff in September or when the cti.sposition of the property is decided. ' Mr. Ratnayake, the petitioner, stated the church, fxom whom they ace l�sing, is in the process of �lling the property, therefore, the Planning Comnission requested their recommendation for landscaping and concrete -11- COUNCIL MEEPING OF JUNE 2. 1986 12� � curbing and a Ixrformance bond be reviaaed by City staff in Sept�nber, or when cl�.sposition of the pro�rty is decided. Mr. Herrickr Ct ty Attorreyr stated the Council may want to make this special use permit for one year and, if the present occup�nts want it for a longer per�al, the� could apply for a renewal. NDTTON 1� C7�unoilman Goodspeed to approve special use permit, SP #86-05, to Salen Montessori School for operation of their day care facility for a period of one year, with the follawing stipulations: (1) petitioner to prwide a fenced area with tot lot e�i.upnent prior to occu�ncy; (2) owners to work with Staff to prwide landscaping and concxete cuxbing to meet City Codes; and (3) owner to prwide performance bond zn the �nount o£ $5,000 to covex site a.mpxwanents. Further, stipulations 2 and 3 axe to be xevie,ved in Septenher by City Staff, or when the disposition of the property is decided. If the disposit�on is to another church, then these improvanents must be made at that time; if the property is sold to Health Central, then the City will take the matter up with then. Seconded by Councilman EYtzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the mota on carried unanimously. C. CONSIDERATION OF A SPECIAL U5E PERMIT. SP #86-06. DO ALiAW OFFICES NdP A5SOCIATID WITH A PRINCIPAL USE, G�'Rn.i,t.y LIX'ATID ON L0T 4. EXCEPT THE NORTHERLY 35' , TATS 5 AI�ID 6. ' BI�OCK 1. PACO IAIDUSPRIAL PARK. BY WINFIELD DEVEiAPMENP: Mr. Rabertson, Gamnimity Develognent Director, stated this is a request for a special use permit to allaa offices not associated with a principal use fox property located west o£ Omversity Avenue, south o£ U.S. Swim & Fitness, and nocth of the Con¢nLmity Fark. Mr. Robertson stated the proposal was for an office/warehouse facility located in Nrl in]usttial zomng and the special use pexmit is for office use xn an industrial zone. Mr. Robertson stated the Planm.ng Canrtnission recommended approval of this special use permit with nine stipulat�ons, which he outlired. 1�UTION 1� Coimcilman Goodspeed to approve special use permit, SP #86-06, with the follaaing stipulations: (1) developer to provide written oommitrnent to Fsy all msts associated with the realic�ment of cul-de-sac; (2) developer to supply ongoinq tenartt information, pnor to each occup�ncy, to allaa the Caty to momtor parking need on a case-by-case basis (parking danand not to exceed supply); (3) prwide a landscape plan which includes plantings and berming o£ all perimeter areas; heavy screemng to be prwided to buffer l�ding area; (4j all dumpsters to be located inside or within apprwed masonry structures; (5) all roof e�m.gnent to be screened to mute visual affect; (6J easement for �oi� Fark�.ng with U.S. 9a�m & Fitness to be , reootded against properties prior to builcli.ng permit; (7) provide �nnecting sidewalk between the U.5. 9aun & Fitress Centez and proposed development; (8) petit,ioner to combine lots for tax purposes; and (9) petitioner to sut�it a�mprehensive sic� glan. Searnded lx Councilman Fitz�atrick. Upon -12- COUNCIL MEETING �F' JUNE 2, 1986 1�- ' a voice vote, all voting aye, Mayor Nee declared the motion caeried unammously. D. ITEMS FROM THE APPEAI.S COMMISSION MEETING OF MAY 13 1986: Irl. CONSIDERATION OF A VARIANCE RDQUEST, VAR #86-10, TO REDUCE THE SIDE YARD SETBACK FROM 20 FEEP TO 0 FEET, GH'�'Rai,r,y LO('ATID AT 55 - 77TH WAY N. E. , BY LESLIE KOHANFY.• Mr. Robertson, Commimity Develognent Director, stated this is a request for a vanance to reduce the side yaxd seth3ck from 20 feet to 0 feet at 55 - 77th Way N.E. He stated the hardship is the property has an extrenely limited building site because af the utility Pasements. Mr. Robertson stated the Appeals Commission recommended approval of this variance with three sti�wlatons, which he outlined. 1�DTION Y� Councilman Goodspeed to apprwe variance, VAR #86-10, to reduce the side yard setback Erccn 20 feet to 0 feet at 55 - 77th Way N.E., with the f oll aaing stipulations: (1) the east wall be a four-hour fire rated assembly with no openings; (2) the petitioner work with the City on a landscape glan; and (3) the petitioner work with tYre neiyhbors on a good plan for access and other outside imprwenents. 7his variance is contingent � on apprwal of the vacation. Seoonded ]x Councilman Fitz�trick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unammously. D-2. CONSIDII2ATION OF A VARIANCE RFJQUESP. VAR #86-11, � RIDUCE TE� PARKING SEPBACK FROM 20 FEET TO 10 FEET, TO RIDUCE THE PARKII� SEIBACK FI�JM 20 FEET 'Ib 5 FEEP, DRIVh�Y WIDTH TO N�CCEED 32 FEST AT THE CURB OPENING. TO RIDUCE THE PARKING SPACE WIIYPH FImM 10 FEET TO 9 FEET. GF.NF'RAi,TY 7ACATID ON IAT 4. EXCEPi' THE NOHI'I� IIZLY 35' , LO�PS 5 AI�ID 6. BI+OC[C 1, PACO IAIDU�TAT• PARK. BY WINFIEI�D DEVIIAPMENP� Mr. Robertson, O�mmimity Develognent Ihrector, stated this variance request was re�riewed Y� the Appeals Cr.anmission and appraval was Leoommended for the first three variances with three stipulstions. He stated the only variance not rewmmended for apprwal was a reduction in the �rking space width fran 10 to 9 feet. Mr. Winkels, representing Winfield Develognent, stated the� w�11 be working out the �rking with the U.S. SWim & Fitness Club so it wouldn't be a problen. He stated thEy have enough Farking, without the vanance to reduce the Farking s�ce width, so it isn't a ma�or itan. ' Mr. Winkels stated the building w�.11 be multi-tenant co�np�zrable to those in the East Rivex Road pxoject oontaimng oves 58,0�� s�uare feet. Counc.ilman Goodspeed stated since the motions on the variance to reduce the -13- .�,, _ � . ,� 128 � parking stall widths had failed at the Appeals Commission, he would move apprwal of the other variances, without this �rticular one. NDTION Ix Councilman Goodspeed to approve the follaaing variances, VAR #86-11, to reduce the g3rking sethack fr�n 20 feet to within 10 feet of street nght-of-way ad�jacent to Higlxaay 47 and to reduce the �arking setta3ck fran 20 feet to within 5 feet of right of-way ad�acent to Commerce Circle East; and drivaaay width to exceed 32 feet at the curb opening, excluding the entrance radii, to 45 feet, to allaa construction of an office/warehouse building at 7171 Conunerce Ca rcle East, with the follaaing sti�xil.ations: (1) the petitioner work with the Caty on a landscape plan and sidewalk on the north property line; (2) that there be a written agreenent for �oint p�rking on a pexmanent L�sis, not an aanership 6asis, between the property and the U.S. Saim & Fitness Center; and (3) the realignment of Commerce Circle as cltrected l� C,ity staff. Seoonded b� Coimcilman Fitzpatrick. Upon a voice vote, all voting aye Nhyor Nee declared the motion caxried unanimously. MOTION by Councilman Barnette to receive the minutes of the Planning ComQnission meeting of Nhy 28, 1986. Seconded L� Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 9. RECEIVING CHAR`PER COMMISSION MINVPES OF M1�RCH 17, 1986: � MUTION by Councilman Schneider to receive the minutes of the Charter Cammission meeting of March 17, 1986. Seconded by Councilman Barnette. Upon a vo�.ce vote, all voting aye, Mayor Nee declared the motion carried unammously. 1�. CONSIDERATION OF AWARDING CONrRACPS FOR WATER PSS� SANITIIRY SEWER PRQ7EGT N�. 162 .�,PID SITE GRADIN� P1�17ECT N0. 163 AND REVIEW OF LAKE POINTE CORPORATE CED7rER PLANS: Mr. Qureshi, City Manager, stated the bids received for the water and sanitaLy sewer projec� and site grading for the Lake fbinte Corporate Center must be awarded by June 15, 1986 or the 60 day award period for the contracts wil.l expire. Mr. Qureshi stated Woodbridqe Properti.es (Lake Fbinte Corporate Center) has certain agreanents with the HRA and s�ne r�ew issues have been raised which the HRA will o�nsider at their June 12, 1986 meeting. He felt this item should be tabled until after the HRA meeting and then possibly the Council wuld meet later in the Evetnng to consider �aarding the bids. Mr. Qureshi 5tated Woodbndge is also awa�.ting approval by the NLtnnesota Fbllution Contral Agency of their indirect source pexmit. NDTION l� Councilman Goodspeed to table this item to a special meeting of � the O�wzcil on Jtme 12, 1986 at 9 p.m. Seconded k� Co�mcilman Fitzp�trick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unammously. -14- � � J COUNCIL MEEPING OF JUNE 2, 1986 11. ODNSIDERATION OF AWARDING CONi'RF1CT FOR IIV`P�RS�CTION STRIPING PROJECT N0. 165: Mr. Flora, Public 4dorks Director, stated Eour bic�s were received for L-his intersectiion striping pro7ect. He stated che low bidder was P�IacYSer� Specialts es and would recommend the�r be avrascied the contract. NDTION }� Councilman Schneider to receive the follaainy bids Lor Pro�ecr lJo. 165: N3adsen Specialties Box 255 Fargo, i� 58107 Parking Marking, Inc. 1729 Se11� Ave. St. Paul, Nft 55104 AAA Striping 606 - ioth A�e. s. Hopkins, NN 55343 Staanston Eqm.gnent Co. 3404 W. P7ain Ave. Fargo, bID S81Q7 $33,981.20 $39,55t2.00 $41,354.00 560,320.00 5eoonded t� Councilman Barnette. Up�n a voice vote, all votinc� aye, Mayor Nee declared the motion carried unammously. NDTION b� Councilman Barnette to awaxd the bicl to the laa bidder P9aclsen Specialttes of Fargo, North Dakota in the �unount of $33,981.20. Secx�nded try Co�cilman Goodspeed. U�on a voice vote, all veting aye, t�ayor Pdee declarec� the motzon carneci unanimously. 12. RESOLiJ`C'ION N0. 44-1986 AUTHORIZING A LOT SPLIT, L.S. $86-04, GENERALLY I,OCATID AT 6562 ANOKA STREET N.E., BY TERRY BARRh'iT: NDTION i7y Councilman Schneider to adopt Resolution No. 44-1986. Seconried L�y Cotmcilman Barnette. Upon a voice vate, a7.1 �oting aye, Mayor Nee declared the motion carried ur�ammously. 13. WNSIDERATSON OF A RESOLUTION APPROVING I-694 PRELIMINARY LAYOUI IDENTIFIED AS LAYOtTP N0. 16 FEtOM T.H. 152 TO T.H. 35W; NnTION by Councilman Schneider to table this ite�i. Sc-coi�ded by Councilnan Fitz�atrick. U�on a voice vote, all voting aye, �laycr Nee declared the motion carried unammously. 14. RECEIVING CABLE TEL�E�TISION ADVISORY COMNIISSION N91TdUPFS OF MAY 15 , 1986 : P'qTION by Councilman Schneic1er to receivc the ninutes of the Caole Television Advisory Commission rneetinc� of P7ay 15, 1986. Secondec] by -15- 12.� � � I_ J " 13U COUNCIL MEETING OF JUNE 2. 1986 �imcilman Barnette. Upon a voice vote, all voting aye, P9ayor IVee declared the motion carried unanimously. RECESS: A recess was called 1� rlayor IJee at 11:05 �,rn. REC�NVII�IID : Nkzyor Nee re�rroened the rneeting at 11:15 p.za. �7.1 Council menbers wer� present. 15. PUBLIC HEARII�7G ON THE MATTER OF TRANSFER OF C[�BLE TELEVISIOPd FRON1 SCI HOLDINGS TO NOF:TEL CABLE 1�SSOCIATES: NDTION 1� CAUnci],man FitzXatrick to wa�ve the reacl�.ny of the public Yiearing notice and o�n the public hearing. Seconded � Councilnx�n Schnelaer. U�nn a voice vote, all voting aye, Mayor Nee declared the motion carrieu unammously and the public hearing openefi at 11:15 p.n. Mr. Abrans, attoxney for Storer Cable, stated Stoter would like to thank Fridle3 for the opportunity to serve them for the �xst severi years. He stated things d�.dn't work out in this market as �torer hud plaruzed and tney have c7ecided to sell. Mr. Abrams introduced Mr. Gerald Kazma, President of Nortel Cable Corporation, to give his plans £or the sysL-�n. He siated �Ir. Y,azma o�rates a nunber of cable systens and o�rates then wcil. He scated he helieves Nlr. Kazma w�ll pra�ide exceptional service for the City. Mr. Kazma introauced Mr. Dave Murray, V�.ce-Presiclent of Union f�4utual Insurance ComFany and Mr. Cripps, shareholder in Cauntrysicle Cable, Inc. Mr. Kazma stated he entered into a mntracc with Storer to purchase their cable syst�n and has sulinitted an application for transfer oi the franchise. He stated they have met with Clyde Mor�yetz of th� City staff and ha�e sul�nitted doctunents regarchng their source of firr�nciriy. Mr. Kazma stated he realizes there is a renewal carning up anc7 it is his intention to meet with the Cable Tel.evisioi; C.oirnni5slon anc; ouclir� plans for the Fridle� systan. He stated he intenus to keep the Fridley ofPice as their ma�n office for this systen and mwe the Qi131ng from California to Fridle3. Mr. Kazma stated Chris FTegemer will �oin �he Bc�ard of Directors and serve as General Manager. He statec3 he dic�'t see much of a chaizge in tl�e technical �rsonnel and wouldn't be dimirushing the s�aff here in Fric3le�. Mr. Kazma stated thEy e�cpect to live up to the oonqnitn�ents of the francnise and w�1.1 he providing the CAUncil information rec;�rdiny their l�ackground in comm�ity access. -16- COUNCIL MEEPING OF JUNE 2, 1986 13i � Mr. Murray, Vice-President of Umon Mutual Insurance Cam�any, statea their cam�any has been a leader in the cable industry since the 1970's and is now working with the smallet operatars. Iie statec the financ�ng is vcry conservatively structured. He stated he thinks the Hallmark of this cleal is Mr. Kazma comes with $1,500,000 in cash. N1r. Abrans stated the reason Storer is sellzng �he Zwin Cities pro�.erties is to have a larger market. He stated if 5torer had been successf ul in I�nneaFiolis, thc� would have a potential market of 250,000 hcmes. He stated since this was not the case, the nunber of �tential cust aners is Far less. He stated Storer would rather devote the�r efforts to their larc�er areas. He stated it wasn't a question of profita}�ility, hut cvrxorate s�rategy in a local market driven force. Councilman Schneider asked Mr. Murray where Uru on Mutu�l sees the�.r gair�. P1r. Murray stated the� look at the firr�ncing as a situation where you have a pred�.ctable stream af cash flaa and, tive to eight years from now, a la,� level of debt and enc�nnbenng systan of cash flaa. He s�ated at that point of time, when the tax benefits rLm out. ycu try to x�vork and redesic�l the fir�ncial relationship. He stated it serves na one ii there is a farced transaction. He felt in five or six yesrs yau have a choice of receiving the cash or tracU.ng it off, depending on �he ob�ectives at this time. 1 Mr. Murray stated the p3rtnership agreernent is not intendec7 to describe every specific detail on haa they would r�isassociate theaselves, but to force then to r�egotiate and how to maimain thea.r relationship. He sta�eci one way to realize a return is to sell th� system and another way zs to rcdistribute the cash flaa. b7r. John Cr�vl�, Qble Irivestment Bankiny in Denver� Colorac7o, statecE in regard to the adequac� of tYie returns in this irrvestment, he felt the real test was the marketability when th� placecJ this transaction. I3e stated he talked to othex investors and all were extremely interested and made competitive offers. He stated as Mr. Murray described, this is an investrnent wiYh hopes of making a good return. He stated it may invalve a sale, but not necessarily the eale of the system, put probak�ly back to �.he general �artnership. He stated, ultimately, Mr. Kazma would be the sole aaner of this systen. t�yor Nee stated he would like more detail in the �cudy oi the econoruics. He felt this may give so�ne ind�.cat�.on on wY�t to e�:pect in the future. He stated the Council is receiving documents that raise �me cancerns on rrhat w�ll be c3�xie wit-h the pcogranuning. Mr. Cr�ale3 stated the xoint should be made that the ca�aital structure zs fa�.rly oonservative as only one-half of the inccrrne would be spen� for debt service. 1 Mr. Matz, legal counsel for the Cable Television Conunission, reviewed Exhibit A, as found on Page 2 of this report, pertaining to the financial analysis. He stated the General Partner is ?9ortel Cable Corporation and it -17- COUNCIL MEETING OF JUNE 2. 1986 13�� � is aaried 80� by Mr. Kazma and 20� by J. A. Forbes. He statea Amzak Cor�. is aaned 100� by the Kasna f�nily. He stated the limited partners are Union Mutual Insurance Cnm�ariy, Countryside CaLle, Inc. (Kasma, 95% and Cri��s, 5�) , and J. A. Forbes. He stated the s�ecial limited partner is Umor, Mutual Insuranoe C�n�ny. Mr. M3tz stated he would rexuest this public heariny be continued to allow Mr. Kasna time to provide addition3l information such as a vert�.fication of the 1985 financzal statanent, r]istributian of what is xequired to upgLade the present systen, a statement from J. A. Forbes, and he waulc� like to obtain the executed limited glrtnership agreauuent. Mr. Matz stated it would be the inteniion to cone back with a re�:ort addressing the zmplications of the transfer and speciLically the upyrading of the systan. Mr. Don Richards, financial o�nsultant for rhe Cabie Co�nission, statec the responsibility for the financial support is through Nortel Cable. He stated it seans on the lxzsis of the forecast, eaerything has to ga riyht in order for this to work. He stated he tra.ed to poinL out some of tl�e risks that could result. Mr. R�.chards stated he would agree with Nir. Murray Lhat seven years is a lony time in the financing busir�ss. He stated he is concerned about no � eqm.table return well beyorid the eleventh year. He stateca he sees the Fossibility of the sale of the systen at sone �oirrt. Mr. Richards stated the lunited p3rtners, Countr3side and J. A. Forbes, wilz possibly be able to generate for thanselves a signiticant amount of tax benefits. He stated it would 6e difficult for anycne to borraa cr raise additional financing to assist if s�nething went wrony. DDTION }� Councilman Schneider to wntinue this hearing to a special Coimcil meeting on 3�e 25, 1986 at 7:30 p.m. for the pur�oses oF discuss�ng the Cable Tele�ision transier. Seconded by Councilman Fitzpatrick. U�on a voice vote, a11 voting aye, Mayor Nee declared the motion carriea una[umously. 16. CS.AINLS: NDTION L� Councilman FitzgZtrick to authorize payment of Clains rle. 5162 through 8357. Seconded by Councilman Barnettie. Upon a vozce vote, al1 voting aye, Mayor Nee declared the motion carn ed unammoasly. 17. LICIIVSES• NDTTON 1� Co�mcilman Fltzpstrick to approve the licenses as sutmitted and as on f�.l e in the License Qerk's Offioe. 5ecbnded by Councilman Schneider. Upon a voice vote, all voting aye Mayor Nee declared the motion carriea � unammously. �".' � � ' CAUNCIL MEETING OF JUNE 2, 1986 1$. ESTIMATES• MOTION by Councilman schneic7er to approve the following estinates° as sukmitted: Smith, Justerr Feik�na P7almon & Haskvitz 6401 Uni.vezslty Ave. N.E. Fridle�, NN 55432 For Services Renderecl as City Prosecutor: For the month of February, 1986 .............$ 5,712.50 For the month of March, 1986 ................ 6,325.00 For the month of April, 1986 ................ G,577.50 Gimderson Brothers 2325 Snelling Ave., S. bhnnea�lis, MV 55404 For Mi.sc. Concrete Curb, Gutter & Siciewalk Pro�ect: Partial Estimate No. 1 ....................... 3,572.p� H & S As�halt 700 Industry Anoka, NN 553D3 For Street 7mprwanent Project St. 1986 - 1� 2: Parta al Estimate No. 1 ...................... &2,981.31 Seeonded t� Councilman Fitz g�trick. Upon a voice vote, all voting ay e, Nl�yor Nee declarecl the motion carriecl unani.mously. 19. RESOL[frION NO 45-1986 CONFIRMING ASSESSMEI4i' H'OR THE MAI�LEN PLAT FOF. STREEP IMPROVEMII�TP PRQTECT ST 1986-1 E 2: NDTION by Councilman Goodspeed to adopt Resolution P7o. 45-19t36, Seconded ny Cbuncilman Schr�eider. U�ron a voice vote, a11 voting aye, P�yor 1Qee c7eclare� the motion carried unammously. 20. RESOLUTION N0. 46-1986 AiJTHORIZING AI�ID DIRECTING THE SPLTTTING OF SPECIAL ASSESSMEI+TPS ON PARCELS 1800 ADID 1810, SECTIOIv 3: E�DTION t� Gauncilman Barnette to adopt Resolucion Tdo. 46-1986. Seconded by Ckxmcilman Sckineider. U�on a voice vote, all voting aye, M�yor i3ee c�ecTared the motion carried unammously. 21. CONSIDERATION OF CFIANGE ORDER N6. 1- ST 1986-1&2: Mr. Flora, Public Works Director, stated this chanqe order is rec�uested in order to install an ei�t inch pi� fran Hickocy 5treet to N�ain Street, and extend the �derground systan along that section. NDTION 1� Councilman Barnette to apprwe Chan,e Or�7er 1�0. 1 in the �unou�7t c� �4%� ]3_ ' � � COUNCIL MEETING OF JIINE 2. 1986 $15.775 with H& S Asphalt, Inc. for Street 7n�rwanent Pro�ect ST 1986-1&2. Seconded }� Councilman 5chneider. Upon a voice vate, all votxng aye, Mayor Nee declarec3 the motion carried unammouslp. 22. RECEIVING MF�'10 DATID MAY 28. 1986 FROM DAVID NEWP�T. ASSISTANP CTTY A�PORNEY RE: SIGN ORDINANCE AS IT REIATES TO THE RAL1'H SKINNER PROPEItCY: NDTION Yh� Councilman Schneider to receive this meno fran the Assistanc City Attorney. Se�rxled Ix Councilman Barnette. Up�n a voice vote, all votiny aye, Mayor Nee declared the motion carried unammously. NDTION b� Councilman Schneidez to direct staif ta dc�a up a draft ordinancc, �r Nlr. 1Vcian�an's above mano, to limit the placement, size and n4mber of freecbm signs within the guidelines the flttorney's OfFice believes are wnstitutional. Seconded ix Councilman Gooclspeed. Upon a voice vate, all voting aye, Mayor Alee declared the motion carried unammously. Tt was felt this draft orchzr�nee shouLd ue revic�caed b� the Commissions. Councilman Schneidex felt the Cr�uncil had to address the r�al estate sic�ns on Mr. Skinner's pro�rty. Mr. Qureshi, City P7anager, stated Mr. Sk�rmer has indicated he wishes to respond to the City's proposal and that realiy is the basis for all the signs. MJTION tr� Councilman Schneider to direct staff that, within the next two weeks, the3 reaiew all ra31 estate signs in the City and follow the normal procedure for enforc�nent. Seconded L� Councilman Goodspeed. Upon a voice vote, all voting aye, Mayor Nee declared the motion carriecl unanimously ADJOURNMETlP: MOTION by Councilman Barnette to ad7c+urn the meetiny. Seconded �p Cotmcilman Schr�eider. Upon a voice vote, a11 voting aye, P7�yor IJee declared the motion carried unanimously and the Reyvlar Meeting of tYie Fric�ley City Council of June 2, 1986 ad� ourx�ed at 12: 30 a. ia. Respectfu].ly sutmitted, � �� Carole Haddad, Secretary to the City Council Approved: -20- �-�'�^�� 4Ji1.1 iam J. Nee, M�yor a 3� �