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12/08/1986 - 00011333��Cu^� � Tf�_MZN[TPES OF TfIE RF]G[7LAR MEETII� OF THE FRIDLEY CITY COUNCIL OF DECEMBER 8, 1986: The Regular Meeting of the Fridle� Gtty Council was called to order at 7:32 p.m. Y� Mayor Nee. PLIDGE OF ALLDGIANCE: Mayor Nee led the Coimcil and audience in the Pledge of Allegiance to the Flag, ROLL CALL: MEN�ERS PRESINT: Mayor Nee, �tmcilman Goodspeed, �uncilman Fitz�trick, Q�imcilman Schneider and Co�mcilman Barnette ui w:�; .:ya �.�- PRESENPATION OF AWARDS: FRIDLEY VFSV - PRESENTATION OF DONATION: 1 Mr. Karl Rasmussen , Commander of the Fridley VFW Post 363, presented a $4,000 contribution to the Cotimcil for radio equipnent for tl�e City. Mayor Nee and menbers of the Gouncil extended their thanks to the VFW for this mntribution to the aommtmity. BRUCE PETERSON - ENVIRONMENi'AL OIIALITY COMMISSION: N13yor Nee stated Bruoe I�terson has served the City as a very active member of the Envirorm�ental Quality Commission for wer ten years. He stateci Mr. Peterson will 6e leaving the oommunity ancl the Coimcil wished to recognize his oontribution to the City l� presentation of a pl a�ue in appreciation of his services. Mayor Nee and memhers of the City Council er.tended their thanks and appreciation to Mr. Peterson for his time and contribution as a member of the F�virormental Quality �mmission. APPR�VAL OF MINCTPES• �OUNCIL MEEPING. NOVEMBER 17, 1986: �timcilman FYtz�atrick requested the last two sentences, under Item 5, be deleted. � N1�TION by Councilman Schneider to apgrove the minutes, with the above amencinent. Seoonded by Councilman Fitz�trick. Upon a voice vote, all voting aye, N�yor Nee declared the motion carried unanimously. -1- oo�� . �� . , y � �� ...• . . �,. The follaving items were added to the agenda: {17.) Reconsideration of S�ecial Use �rmit, SP #86-16 for Church on the Nbve and (18.) Consideration of Authorizing Additiort3l FUnds to TI�A for Drainage Plans for Meadowlands Park. NDTION t� Coimcilman Schrieider to adopt the agenda with the al�ove adcltitions. Seoonded lx Coimcilman Goodspeed. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. OPEN FORUM. VISI`1C)RS: 7here was no response from the audienoe imder this item of business. PUBLIC HEAEtINGS• 1. PUBLIC HEARING TO VACATE THE CITY-OWNED PROPERTY GENERALLY LACATED AT HIGHWAY 65 TURNB�CK: NDTION by Councilman Schneider to wa�ve the reading of the public hearing notioe and open the public he�ring. Seoondec� ty (b�mcilman Goodspeed. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried � unanimously and the public hearing opened at 7:42 p.m. Mr. Flora, Public Works Director, stated with the final alignment of Lake 1�inte Drive, the rc�d was shifted east onto the developnent property at the Woodbridge site and resulted in taking some property from Area A for ric�t-of-way. He stated the City has some turnback property and the developer has r�uested this property be obtained in order to provide an ac�quate mnstruction site for the building propos�ed for this �roel. Mr. F7ora stated this item will be presented to the HRA since they are the lancbwr�rs at this time. He stated he would suggest the Council continue this hearing to Deoember 22, 1986 at which time mmments fran the Housing & Redevelopnent Authority regarding the transf er of this property would be avail abl e. Mr. Qureshi, City M3nager, stated when the Coimcil consic-kred the plat, one it�n mentioned wlu ch was not f inalized was the exict alignment of the road. NDTION b� Councilman Goodspeed to oontinue this public hearing to December 22, 1986. Seoonded tr� Coimcilmatt Schneider. Upon a voice vote, all voting aye, Nhyor Nee declared the motion carried unanimously. 2. �ONSIDERATION OF REQOMMEAIDID REVISIONS OF SECPION 4.05 ADID SECTION 12.08 OF TfIE FRIDLEY CITY Q3ARTER: ' NDTION b� Councilman Fitz�trick to waive the reading of the public hearing notice and open the public ha�ring. Seoonded lx Co�mcilman Barnette. Upon a voice vote, all voting aye, Mayor Nee c7eclared the motion carried unanimously and the public hearing opened at 7:47 p.m -2- � � 0��^� �w�,�� ,.. . � �.«��: :��ir� Mr. Htmt, Assistant to the City Manager, stated the Chairperson of the Chartex Co�nission, Susan Jackson, was unable to attend the meeting this evening, haaever, she has reviewed and ooncurs with the meno to the Council oonoerning Charter anendnents reoommended b� the Charter (bmmission. Mr, Hunt stated one of the changes recommended is technical in regard to ct�mage suits and elimination of specific reference to individual state statute. He stated the other change refers to judges aad clerks of elections. He stated there are no longer clerks for the election so it is proposed to renwe this language. He stated the Charter language was also ambiguous reSarcU.ng reqistered and eligible voters and the Commission felt judges should be registered voters. No persotts in the audience spoke regarding these pro�sed amenc�Ynents to the City Charter. [•DTION k� Coimcilman Barnette to close Coimcilman Schneider. Upon a voice vote, the motion carried tmanimously. NEW BUSINESS: the public hearing. Seconded by all voting aye, NL�yor Nee declarec3 3. CONS�DERP,TION OF FIRST READING OF AN ORDINANCE RECODIFYING Tf�_FRIDLEY CITY CODE� CHAF�PER 3. ENTITLED "PERSONNEL" BY AMENDING SECTION 3.03. ENTITLED "HOLIDAYS"• Mr. Hunt, Assistant to the City Manager, stated the current Personnel Ordinance provic�s for nine holidays inclucl�ng Colunbus Day. He stated at the beginning of this y�ar, the City was required by State law to include Martin Luther King Day as an official holic�iy, however, state law cbesn't require city offi�s to 6e closed on Colwnbus Day. He stated it has been the practice to have two additional holidays, in addition to the nine specified in the ordinance, and there are r�ow ten that are manc�ted so there is only one floating holiday. He stated if the Personnel Ordinance was changed to exclude specific referen� to Colunbus Day, there would be nine specified holidays and, if the Council wishes to grant two more, there is a little more flexibility when the holidays can be taken. NHyor Nee stated this proposed change in the ordir�nce would then eliminate CAlunbus Day and substitute Mar tin Luther King Day as a holid�y. MOTION by Councilman Schneider to waive the reading and approve the ordinanoe upon first re3ding. Seconded Y� Councilman Fitz patrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 4. CONSIDERATION OF FIRST READING OF AN ORDINANCE APPROVII� A REZONING RDC)UEST, ZOA #86-05, TO REZONE F1�M M-2. HEAVY IAIDUSTRIAL. TO R-3, GENERAL MULTIPLE ' DWELLII�. TO CONSPRUCP 358 APARTMENi' DNITS. GENERALLY IACI�TED SOVPH OF 85TH AVENUE. WEST OF i7NIVERSITY AVENUE AND NORTH OF 83RD AVENUE BY UNIVERSITY AVENUE ASSOCIATES: PND -3- � � � �Oi.a^' �. a, � �� ,. � a ��• �,• RESOLUPION NO 121-1986 REGARDING A FIDIDING OF A NEt'�ATIVE DECI.ARATION FOR A FULL ENVIF�NMEP7i'AL IMPACP STATEMENP FOR NOE.�PH PARK ESTATES • Mr, Flora, Public Works Director, stated this rezoning is for a p�rcel of property adjaoent to the Springbrook Nature Center and is proposed to be r�ored to allaa oonstruction of a 358 imit afiartrnent �mglex. He stated in aompleting the rc�oning action for this �roel, the developnent plan had to be stalanitted to the Metropolitan Council, since it requires agreenent by than to amend the Com�ehensive Plan of the City. He statea if the Council decides to r¢one his �xoperty, it would be appropriate to authorize staff to amend the Land Use Section of the Comprehensive Plan from S-2 to R-3. Mr. Flora stated an Envirormental Assessnent Worksheet was also completed for this developnent and no adverse �tmnents were reoeived. He stated there is a resolution in the Council's agenda which establishes a negative declaration for a full envirormental vnFsct stat�nerit for this developnent. Councilman FitzXatrick asked if the Colmcil oould consic�r �ust the r�oning this evening and the resolution at a latex day. Ms. Fisher, legal outmsel for the developer, stated the� would close on the purchase of this property on December 22 and it is oontingent on the first reading of the rezoning ordinance, a change in the land use of the (bmprehensive Plan, and a finding of a negative declaration for a full envirorrnental unFsct statement. She stateu� thEy would, therefore, like to receive approval of all tl�ree of these propo�als this evening, if possible. Mr. Qureshi, City Manager, questioned who glaoed these mntingencies on this purchase, Ms, Fisher stated it was e�cuteci Ix }aoth the buyer and seller. She stated in discussions with City staff, it was anticiFated these actions would he taken b3 the Coimcil this evemng. Mr. Qureshi stated it would not be possible to amend the Comprehensive Plan fran S-2 to R-3, without the change being wmpleted in the rezoning. Ms. Fi�er felt perha�s action muld be taken subject to apprwal of the second r�ding of the rezoning ordinance. Mr. Qureshi stated at the time of seoond reading of the r�omng orciinance, all agreements are entered into and stipulations imposeol to bind the developer to a certain type of develognent. Ms. FYsher stated the Environmental Imp�ct Statement is quite important imder their agreenent, but felt the change in the �mprehensive Plan would not have to t�e apprwed until the seoond reading of the rezomng ordinance. Mr. Herrick, City Attorney, stated State statute prwic�s that zoning takes preaec�noe cver the Comprehensive Plan. He stated if the Council approves the amendnent to the Comprehensive Plan this evening and for some reason cbesi't apprwe the rezoning, the project would not he able to prooeed. Mr. Qureshi stated staff would re�mmend Coimcil eonsider the first reading of the rezoning ordinanoe and the resolution for a finding of a negatice declaration for a full environmental un�ct statement. He stateci the -4- �� COL�7CIL ME�EPTNG OF DECEN]BER 8, 1986 ' �nencfient to the �mprehensive Plan would be submitteci at the time of the seoond r�di.ng of the rezor�ing ordi.nanoe on Deoember 22, 1986, assiuning an agreenent is entered into tr� the c�veloper to fulfi].1 all the aonclitions for develognent as ra�uested Y� the City. 1�TION by Councilman Fitzpatrick to waive the reading and approve the ordinanoe upon first r�ding. Seconded by Councilman Goodspeed. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. NDTION ky Councilman FitzFatrick to acbpt Resolution No. 121-19fs6. Se�nded l� Coimcilman Goodspeed. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 5. RESOLUTION NO 122-1986 APPROVING A FINAL PLAT P S #86-05. NORTH PARK ESTATES GENERAI,LY IACATID �I7TH OF 85Tf3 A�7EN[TE WESi' OF UNIVERSITY AVENUE ADID NDRTH OF 83RD AVENUE. BY [TNlVERSITY AVENUE ASSOCIATES: Mr. Flora, Public Works Director, stated this resclution deals with the plat associated with the developnent of the 358 ag3rtment unit complex to the east of the Springbrook Nature Center. He stated the plat was reviewed by the Planning Cotrnnission and the� recommended approval with the follaaing stipulations: (1) Developer sub�ect to fair share of assessments on a � possible future rald along the north end of �velopnent site; (2) Property aarer agrees to pravide on plat an additional 65 foot wide ric�t-of-way for a loop Ixck, to Fxwide a future road connection between 83rd Avenue and 85th Avenue; (3) Park fee to be �id as �ollows: Block 1, Lot 1-(358 x 500), $179,000; total anoimt to be �aid with first builcltng permit; Block 1, Lot 2 and Block 2, Lot 1, s�uare f ootage to be determined and f ees tc be paid with building permit or replattinq at the prevailing rate; (4) Desicyiate existing 33 foot easement on south as dedlcated right-of-way on Xtlat; (5) Develognent waterline should prwide for two stuhs on the northern section witl� tees and valves; to be 000rdinated with City E,hgineer; and (6) Developer agrees to g3y up to 25� of non-public costs associated with �ssible sic�alization on 83rd Avenue and University Avenue, and at 85th Avenue and future ac�ss road. Mr. F7ora stated the current landowner r�uests a waiver of the p3rk fees for Block 1, I,ot 2 and Block 2, Lot 1. Mr. Qureshi stated the Co�mcil, in the Fast, has delayed collection of the Ferk fees, but the3 have nevet heen waived and staff is recommending th�s not be d�ne. Mr. Ray Wormsbecker, reFsesenting the aaner, Mr. Barbush, stated the portion of property to the front is only a portion of the �rcel that is being developed and Mr. Barbush is not in a position where he is reac}� to develop. He stated the City wanted to have this piece platted and the road dedi.cated. � He stated Mr. Barbush was reluctant, but consented and gave all the easements requested and would, therefore, like a wa�.ver of the Fark fee. Mayor Nee stated he felt tY�e aaner and City have to work together on the -5- ' 00�� • � i • � «�: : . land to make it a develo�able �rcel and had a negati.ve r�ction to waiving the �ark fee. NDTION ts� Coimcilman FitzFatrick to acbE:t Resolution No. 122-1986, with the follaaing stipulations: (1) Developer sub�ect to fair share of assessments on a possible future road alo�g the north end of developnent site; (2) Property owner agrees to provide on plat an additional 65 foot wide ric�t-of-way for a loop back, to praride a future road connection between 83rd Avenue and $Sth Avenue; (3) Park fee to be Faid as foll aas: Block 1, Lot 1(358 x 500), $179,000, total amount to be �id with first builc]ing permit; Block 1, Lot 2 and Block 2, Lot l, s3uare footage to be determ ine d and fees �aid with building permit or replatting at the prevailing rate; (4) Desicgiate e�cisting 33 foot easement on south as dedicated right-af-way on plat; (5) Develognent waterlir� should pravide £or two stubs on the northern section with tees and valves; to be �ordinated with City Engineer; and (6) Developer agrees to p3y up to 25� of non-public costs associated with possible signalization on 83rd Avenue and University Avenue, and at 65th Avenue and future access road. Seconded lx Coimcilman Barnette, Ms. Fisher stated in regard to Item No. 6 pertaining to future traffic signalization assessments, she stated they were not aware of specific peroentages when the puhlic h�ring was held. She stated the� reviewed this item with their traffic consultant and up to 258 on 83rd Avenue is � acceptable to th�n. 5he stated in regard to 85th, the range of their oontribution in relation to the traffic would be between 9 and 15� of the norrpublic o�sts. She stated she assuned this stipulation would be modified to reflect this peroentaqe. [7 � Mr. Qureshi stated he would be oomfortable in establishing a dollar figure for the developer's contribution to the traffic signalization or establishing a certain percentage of the total cost since publ ic or notrpublic �sts are hard to identify. He stated he would suggest up to 15� of the total mst of the sicyial at 83rd Avenue and eluninate p�rtici�.ation in the oost of a future sic�al at 85th Avenue. Ms. Fisher stated this suggestion 1� Mr. Qureshi would be acceptable to the developer. NI�TION L7� CounCllman Fitzpatrick to amend Stipulation No. 6 as follows: Developer agrees to Fay up to 158 of total oosts associated with possible sic�alization on 83rd Avenue and University Aventae. Se�nded b� Councilman Barnette. Upon a voice vote, all voting aye, N�iyor Nee declared the motion carxied unanimously. I7EnN A VOI(E Vdi'E TAKEN CN �3E NP1IN NI�TION, all voted aye, and Mayor Nee declared the motion carried unanimously. RECEIVING Tf� MIA7UrES OF THE PLANNING C MMISSION MEETING OF NOVEMBER 19. 1986: A. RECEIVIN� THE MINiTPES OF THE APPFALS COMMISSION MEETING OF NOVEMBER 25, 1986: � J! :� t � • �, � w , • � «a��r � Prl. CONSIDERATION OF A VFIRIANCE RDOUEST, VAR #86-31. TO RIDUCE THE SIDE YARD SETBIICK ON THE STREET SIDE OF A CORNER L�OT FROM 25 FEEP TO 17.5 FEET TO ALLpW THE CONSTRUCfION OF A DE'I'ACHID ACCESSORY BUILDING ON LOT 30, BLOCK 23. HYDE PARR ADDITION. THE SAME BEIN� 5881 2AID STREET N.E.. BY EOGENE AN17 JEAN HAGBERG: Mr. E7ora, Public Works Director, statea the property is located on the ooxner of 59th Avenue and 2-1J2 Street. He stated a variance is requested to reduoe the side yard setixZCk on the street side of a oorner lot f rom 25 feet to 17.5 feet to allow the construction of a detached accessory buildi.ng. Mr, FLora stated this property was located in Hyc� Park zomng which states that any use that e�sts nav can renain as such. He stated even if it is destrcr�ed, it can be rebuilt on the lot at the same sett�cks and if you add onto the house, present normal I�1 setbacks must be met. He stated since the lot is only 42 feet wic3e, there was no way the petitioner �uld build a garage that fac�s 59th Avenue and provide a 25 foot setback. Mr. Flora stated since this is the Pirst variance request the Appeals Comunission has oonsic�red fran the Hyde Park area, they felt it should be foxwarded to the Co�mcil so the� are aware of this action. He stated the Appeals Commission recommended approval of the variance with two � stipulations oovering a hardsurfaced driveway and outside storage to be glaced inside the new structure upon its mmpletion. NDTION L� Coimcilman FYtz�atrick to mncur with the �manimous remmmendation of the Appeals Commission and approve VAR #86-31 to reduce the side yaru setkx�ck on the street side of a corner lot from 25 feet to 17.5 feet to allaa the oonstruction of a cl�tached acoessory builcU.ng at 5881 2nd Street N.E., with the follaaing stipulatzons: (1) the driveway be hardsurfaced; and (2} all outside storage to 6e plaoed insic� the new structure foll aaing its mmgletion. Semnd�d I� Coimcilman GoodsFeed. Upon a voice vote, all voting aye, Nhyor Nee declared the motion carried unaaimously. �� • • •a� ;:. • �� • o� • �� ;,�. � � • • i i• � i � • �� • • + � ••� • •� � v_ Mr. Flora, Public Works Director, stated this is a request for a varianoe to re�oe the Farking stall width fran 10 to 9 feet for the 358 unit a�rtrnent mmplex pro�sed t� University Avenue Associates. He stated the petitioner feels this site is unique and thc� have agreed to setl-z�cks and easements on all four sic�s o£ the Feroel and have several acres of wetlands which must oonform to stanc�rcls of the Army Corp of Engineers. He stated they are proposing 247 wvered g3rking sFaoes and 482 open s�aoes for a total of 729 � sFa�s. He stated 712 sFaoes are ra�uired by the Code. Mr. Flora stated the petitioner feels, 1� pravidin9 a nine foot g3rking stall, they could imprwe the amenities. -7- 00�� COUNCIL MEE`TII� OF DECII�7BER 8 86 � Mr. Flora stated the Appeals Commission recommended approval of this variance re3uest. (bwlcilman Fitzp�trick stated he felt it would set a precedent for multiple developnents, if this variance were granted. Ms. Fisher, lecpl m�msel for the petitioner, stated if the� were to provide ten foot �arking stalls, thEy would only have 690 sp�ces in com�rison tc 712 which is ra�uired Lx the Code. She stated in order to comply with the (bde, thc� would lose some open sg3ce. Ms. Fisher �tated she felt there were some unique circumstances in the physical characteristics of this property, if there was mnoern about setting a precedent, She stated the most important is the fact that easements were given on all four sides of this Farcel. She stated the 60 foot easement on the north was heavil.y negotiated, as the c'�veloper's plans had only mnsidered a 30 foot easement. 5he stated the s�me is true for the 20 foct utility easement on the east which c�esn't 6enefit the property. Ms. Fisher stated in the EAW review process, the� were made aware they had to obtain a permit from the Army CorFs of Engineers to retain a portion of the wetlan� on the property. Ms. Fisher stated it is important to retain scAne flexibility in regard to the euisting �xrking sisces, in case the� are re�uired to relocate some of the �arking on the south. She stated the� feel there are practical difficulties associated with oon£orming to the Code reqmrements for the width of the � Farking stalls. Cowicilman FYtzpatrick stated if he was a potential tenant, he felt one of the chief anenities would be a ten foot Farking stall. Ms. FY�her stated their oonsultant has indicated their e�erienoe throughout the United States is they selcbm desic� ten foot stalls. She stated they felt, even for o�mmercial development, nine foot stalls are adequate and usually design 8-1/2 foot p3rking stalls, Ms. Fisher stated there was cliscussion at the Appeals Commission meeting regarding stripinq 12 foot sFaees for recre3tion vehicles and thEy have indicated to staff they would strig 65 ar�s for xecreational vehicles. N�yor Nee asked if the petitioner muld use the north easement for parking until such time as it is needed for a road. Ms. Fisher stated the ariginal proposal was to prwide a 30 foot easenent and parking possibly could have been worked out, havever, with the 60 foot easement, she dichi't feel �rking would be of much henefit because it woulc�'t be in close proximity to the imbts. Mr. Qureshi stated the 60 feet was re�uested for future access and it was hoped the rest of the ric�t-of-way which may be needed could be obtained fran the YMCA property so as not to encroach into the Sgringbrook Nature Center. � Ms. Fisher stated to change the 60 feet now would involve a very complex issue with tl�e plans and felt strongly about obtaining the vanan�. Mt. Qureshi asked if a�mpxcmiye may work with having a stall somewhere m 00�� COUNCIL MEEPING OF DECENIBER B, 1986 � between nine and ten feet wide. Co�mciltn3n Schneider stated he prefers ten foot stalls, but questioned if a precedent hadn't alrea� been established when reduoed widths were allcwed for Unity Hospital, 7�rget, and parking at City Hall. Mr. Flora stated it may be possible to double stripe the stalls, if the Cbimcil appra�ed a reduction in the width. Mayor Nee stated he would like to see what has to be given up to meet the requirenent for a ten foot wic� �erking stall. Ms. Fisher stated the� have developed a contingency plan, however, this would not allaa as much open s�ce. She felt it would have an adverse eEfect on the developnent. She stated the� would like to keep the n�nnber of Farking s�eoes they are proposing, which is in excess of the ordinance, in case they lose sFaoes to meet rs�uiranents of the Acn�y Cnrp of Engineers. Co�mcilman FitzXatrick stated he cilch't feel allowances should be made on the basis of the plan being disrupted as he felt the plan never should have been desicgied for nine foot parking stalls. NDTION ty Cotmcilman FitzFatrick to d�ny VAR #86-32 to reduce the g3rking 1 stall widths fran ten feet to nine feet. Seoonded Ix Coimcilman Goodspeed. il�on a voice vote, Coimcilman E'itzFatsick, �tmcilman Goodspeed, Councilman Schneider and Mayor Nee voted in favor of the motion. Councilman Barnette vated against the motion. N�yor Nee declared the motion carried lx a 4 to 1 vote. NDTION k� Counclman Fitz�trick to receive the minutes of the Planning Co�mnission meeting of Novenber 19, 1986. Secnnded b� Coimcilman Schneider. Upon a voioe vote, all voting aye, Mayor Nee declared the motion carried unammously. 7. CONSIDERATION OF AN PGREEMEI�Tr WITH THE ANOKA COUNi'Y COMMUNICATIONS WORKSHOP (ACCWI : Mr. Atmt, Assistartt to the City N�inager, stated this aqreenent �ovid�s that the ACQ�7 would receive 40� of the franchise fee plus the 1986 interest accrued in the Cab1e Television FUnd. Co�mcilman Schneider asked if tl�e City's cable channel was teing used to the fullest. He stated during the election, there was not lengthy coverage by Fridle� in aom�srison to a�verage by other neighboring cities. Mr. Hunt stated there was ooverage provided, haaever, it tenninated about 11 p. m NDTION t� Councilman Schneider to approve the agreement with the ACCW. Seoonded Lx Cotmcilman Fitz�trick. Upon a voice vote, all voting aye, 1 Nkyor Nee declared the motion carried unanimously. 8. RESOLVfION N0. 123-1986 APPlt(7VII� A REGISTERID LAAIl7 SURVEY (CREEKRIDGE PLAT 21 , BY RICfIARD BRICIQVER• � OOC�`-'�' � � � • � «,�. :. � Mr. F7ora, Public Works IIirector, reviewed the stipulations associated with this plat for Richatd Brickner, as follows; (1) Provide retention and drainage easqnents on Lot C per (S.ty Plan; (2) Surfa� water flaa fran Lot C and adjoining proixrties to east to retain flaa to a fiv�year desi� storm; (3) Construct berm along west sic� of Lot C to prc�ent surface water runoff fran the east; (4) Sale of property at 76.5 cents per �uare foot (76.5 x 6,790 sx. ft_ _$5,194.35); (5) Payment of tl�ree �ark fees of $1,500 each with first three of four building permits; and (6) 1�ndtng assessnents plus interest to be �id with the building permits on Tracts C and D. M�TION L� Councilman Schneider to acbpt Resolution No. 123-1986, with the follaaing stipulations: (1) Prwide retention and drainage easements on Lot C per City Plan; (2) Sur£aoe water flaa from Lot C and acrjaining properties to east to retain flaa to a fiv�year desicyi storm; (3) Construct berm along west side of Lot C to prevent surface water runoff fran the east; (4) Sale of property at 76.5 cents per square foot (76.5 x 6,790 sq. ft. _ $5,194.35); (5) Payment of three �ark fees of $1,500 each with first three of four buildi.ng permits; and (6) Pending assessments plus interest to be �id with the building permits on Tracts C and P. Seconded by Councilman Barnette. Upon a voice vote, all voting aye, Nayor Nee declared the motion carried unanimously. 9. RESOLUi'ION NO 124-1986 OF'CIIE CITY COUNCIL OF THE CITY OF FRIDLEY ANOKA , (7C)i1Nr'V MINNESO'i`A 1�pPROVING A SUPPLEMENPAL AbID RESTAZ'ID INDENTURE OF TRUST REGnECPT� � CITY'S COMP9ERCIAL DEVEIAPMENT REVENUE BOAIDS (FRIDLEY BUSINESS PLAZA LIMITID PAE�PNERSIiIP PRUJE(.Tl : Mr. Prit�l, Fir�nce Director, stated this resolution is necessary due to an error in the actual letter of credit wkuch is $]0,000 less than the figure wkuch was presented to the Co�mcil at previous meetings when this issue was discussed. He stated the previous figure was $2,800.000 and the actual letter of crecU.t is for $2,790,000 and the amount for which the bonds will be issued. He stated the only change is �ust the actual trust indenture and reali�ing the cbllar anoimts because of the $10,000 error. NDTION b� Coimcilman Barnette to acbpt Resolution No. 124-1986. Seounded Ix Coimcilman Goodspeed. Upon a voioe vote, all voting aye, Nhyor Nee declared the motion carried unanimously. 10. RESOLUTION N0. 125-1986 AU'i'HORT�ING CHANGES IN APPROPRIATTONS FOR THE GENERAL F[]AID, REVENUE SHARII� FO[�ID. HOME OWNERSHIP FUND. AND THE HRA FUND FOR THE FISCAL YEAR 1985: Mr. Pribyl, Finance Director, stated these are the yearly changes in appropriations and ad�ustments for the 1985 budget and the resolution pravides interdivisional changes within the General Elmd. [�DTION I� Co�mcilman Sci�neic�r to acbpt Resolution No. 125-1986. Seconded ' Y� Cowicilman FitzFatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 11. RE�pLUTION NO 126-1986 APPROVING AND AUTHORIZING SIGNING THE AGREEMENT -10- � � � OOUNQL MEETII� OF DE�N�ER 8, 1986 ESTABLISHING WURKII� CODIDITIONS. WAGES APID HOURS OF POLICE OFFICERS OF THE CITY OF FRIDLEY POLICE DEPARTMENP FOR THE YEAR 1987: NDTION b� Coimcilman Fitz�trick to adopt Res�lution I3o. 126-1986. Seeonc�d b� Coimcilman Goodspeed. Upon a voice vote, all voting aye, Nayor Nee declared the motion carried unanimously. 12. RESOLUTION N0. 127-1986 AUTHORIZING INCLUSION OF AN EMPLOYEE SEPARATION BENEFIT PLAN FOR ENIPIAYEES OF Tf� CITY OF FRIDLEY POLICE DEPAR'I'MENT: PDTION ky Cotmcilman Barnette to acbpt Resolution No. 127-1986. Seconded b� Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 13. AP�4INPMENr: CITY EMPLOYEE: NDTION 1H Cotmcilman FitzFatrick to mncur with the follaaing appointment l� the City Manager: STARTII� STARTING NAME Ii�SITION SALARY _ II9TE --- REPLA�S Ibnna Tjornhan Acoounting $7.50 per Dec. 8, Juc7� 4240 Brookside Ave. Specialist Hour 1986 welch St. Louis Park 55416 (non-ewempt} ($1306.25 Mo.) Se�nded L� Councilman Barnette. Upon a voioe vote, all voting aye, Mayor Nee declared the motion carned unanimously. 14. CLAIMS: NDTION b� Cotmcilman Schneider to authorize g3yment of Claims No. 11556 throuc� 11968. Seoonded b� Coimcilman Barnette. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 15. LIC�NSES: NDTION ky Coimcilman Barnette to ap�ove the lioenses as sutmitted and as on file in the License Qerk's �ffice. Seconded by Councilman Fitz�trick. Upon a voioe vote, all voting aye, Mayor Nee declared the motion carried unanimously. 16. FSPIMATES: NDTION LH Councilman FitzFatrick to approve the estimates as sukmitted: Herrick & Newman, P.A. 6401 University Ave. N. E. FYicIley�, NN 55432 For Services Renc�red as City Attorney for the Month of Noven6er, 1986 . . . . . . . . . $ -11- 1,650.00 OOCa^ "� � • �I • � 5� I• �I• • Gimderson Brothers 2325 Shelling Ave., S. Minneapolis, NN 55404 Misoellaneous Concrete Cl�rb & Gutter - 1986 FINAL FSTINPITE . . . . . . . . . . . . . . . . . $ 1,202.83 Short-Elliott-Hendrickson 200 Gopher Building 222 East Little Canac� Road St. F�ul, NN 551ll Central Avenue/Highway 65 Redesicyi Partial Estimate . . . . . . . . . . . . . . . $ 15,403.73 Subterranean Engineering 6875 Highway 65, N. E. Minneapolis, NN 55432 Lake Fbinte Cbrporate Center I�nolition & Site Gradi.ng Pro7ect No. 163 Partial Estimate . . . . . . . . . . . . . . . . $ E�ela3k Construction ComFany P.O. Box 458 ' Northfield, NN 55057 Lake fbinte Corporate Center i�molition & Site Grading Project No. 163 Estimate No. 3 . . . . . . . . . . . . . . . . . Ernst Associates 122 West Si�cth Street Q�aska, MN 55318 Lake Fbinte Corporate Center Landscaping, Lighting, & Irrigation Pro�ect No. 168 Estimate No. 6 . . . . . . . . . . . . H & S Asphalt, Inc. 1700 Industry AvEnue Anoka, N�1 55303 Street Imprwener�t. Pro�ect No. ST. 1986 - 1& 2, Phase II Estimate No. 1 . . . . . . . . . . Minnesota Valle� Landscape, Inc. 9700 Bush Lake Road Minneapolis, NN 55438 1 Lake Ibinte Corporate Center Landscaping, Li�ting & Irrigation Project No. 168 Estimate No. 1 . . . . . . . -12- 1,957.00 $ 147,240.60 . . . . $ 313.05 . $ 55,302.26 $ 25,916.00 oocu�� ' oo�� • 1�. �� . . «� r • � : . Park Construction 7900 Beech Street EYidle�, NN 55432 Lake Fbinte CorForate Ceriter Water & Sanitaxy SEwer Proj ect No. 162 Estimate No. 3 . . . . . . . . . . . . . . . . . $ 47 ,17 0.9 8 Seoonded tr� Cotmcilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 17. RFr '�QNSIDERATION OF SPEC7AL USE PERMIT. SP #86-16 FOR CHURCH ON THE M(7VE: Cotmcilman Schneic�r stated at the last Coimcil meeting, he mwed to approve Special Use Permit, SP #86-16, for Church on the Move to allow then to wnduct church sezvioes in their gymnasiun. He stated his purpose in voting for the special use permit was because he understood that Totino-Grace's School Board was going to finalize action for Church on the Move to use �arking at 7Utino-Grace's �arking lot. He stateu' the Board has denied the use of their parking to Church on the rlove and that was one of the key stipulatons in granting the special use permit, He stated to clear the reoord, he would move the follaving: EnTION t-rp Cotmcilman Schneidex to z�considex Special U� l�nnit, SP #86-16, � and deny this permit bssed on the fact that p�rking at 7btino-Grace's lot is not available. Semnded 1� Councilman FitzFatrick. Upon a voice vote, all voting aye, N�yor Nee declared the motion carried unanimously. Coimcilman Barnette asked if Qiurch on the Nbve �mes rack with other plans, if another public hearing would be necessary. Mr. Flora stated any requiranents for Farking would require a special use permit and another public ha�ring. � Mr. Herrick, City Attorney, stated he was satisfied that the only way the special use permit would be apFxoved was if Churrh on the Nbve obtained the permit for �arking fran Totino-Grace and when the3 dic�'t re�ive it, there was no shaaing there would be ac�quate �arking and a sic�ificant reason for denying the special use permit. �� • • • � �4�.�•. _ �� • r� u • u• �• �•• ��- i � �• u Colmcilman Goods�eed questioned if there was an alternate plan to resolve some of the drainaqe problens in Meacbwlan� Park. Mr. Flora stated one of the residents involved in the Parks and Recreation Commission Task Fbroe had reai�aed figures with a representative of TKDA, and came up with a figure of al�out $140,000 for improvenents. He stated the resident dich't knaa what was included in that figure and no one at TKDA recalls this discussion. Mr. F`lora stated during the meeting with resic�knts on Ncuenber 10, there was a straw vote on a nunber of issues and the the result was the City should -13- � i_ . � � oor�� ,.. . y, _ i . � �« �c a�• • � :. ftuid any improvenertts. He stated the estimated cost for improvements is about $270,000. Coimciltnan Goodspeed stated when the $270,000 figure was discusseci, it was with the tmderstanding the Ca.ty would pay two-thirds of the cost and the balanoe would be assessed to benefitting properiy aaners. He stated he now hears of a plan for a pond at a mst of $140,000 which would he less than what the City was willing to Fey a.n the first plaoe. Mr. Qure�i, City Mar�ager� stated any improvenents at Meadowlands Park has to be a joint effort L� Ibth the City anc] property owners, no matter what the mst. He stated both rarties have tc agree on what imixavanents need to be cbne. He stated if there is a less �stly plan, it should be reviewed, haaever, TI�1 advises there is no such plan. Coimcilman GoodsFeed stated if this is the case, he would reootmnend no action be taken. AA70URI�7ENT: NDTION by Councilman Schneider to adjourn the meeting. Seconded by Coimcil�n Barnette. Upon a voioe vote, all voting aye, Nhyor Nee declared the motion carried unanimously and the Regular N�eting of the Fridley City Council of Deceznber 8, 1986 adjourned at 9:27 p.m. Respectfully sutmitted, ,�t�� l� '� ��— Carole Haddad, 5ecretary to the City Council Apprcved: -14- �,v�r,�,.��- /G�do Willi�n J. Nee, Nhyor