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10/26/1981 - 00013086� l. � � � THE MINUTES OF THE REGULAR MEETING DF THE FRIDLEY CITY COUNCIL OF OCTOBER 26. 1981 The Regular Meet�ng of the Fridley City Council was called to order at 7:35 p. m. by Mayor Nee. PLEDGE OF ALLEGIANCE: Mayor Nee led the Council and audience in the Pledge of Alleg�ance to the Flag. ROLL C�4LL: MEMBERS PRESENT: Councilman Fitzpatrick,Councilwoman Moses-Martin, Mayor Nee, Councilman Schneider and Councilman Barnette MEMBERS ABSENT: None APPROVAL OF MINUTES: REGULAR MEETING. OCTOBER 5 MOTION by Councilman Barnette to approve the minutes as presented. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. ADOPTION OF AGENDA: Mayor Nee requested the following items be added to the a9enda: (1) Set a Public Hearing on the Issuance of Industrial Revenue Bonds on Behalf of the 73rd Avenue Partnership Pro,7ect; (2) Set a Public Hearing on Behalf of the Rice Creek Company; and (3) Set a Public Hearing on the Estahlishment of a Tax Increment District in the North Area. MOTION by Councilwoman Moses-Martin to adopt the agenda with the above additions. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. OPEfJ FORUM, VISITORS: There was no response from the audience under this item of business. OLD BUSINESS: �RESOLUTION N0. 121-1981 RECITING A PROPOSAL FOR A COMMERCIAL FACILITIES DEVELOPPqENT PRO�ECT, GIVING PRELIMINARY APPRO�AL OF THE PRO�ECT PURSUANT TO THE MINNESOTA MUNICIPAL IN�USTRIAL DEVELOPMENT ACT, AUTHORIZING THE SUBMISSION OF AN APPLICATION FOR APPROVAL OF SAID PRO�ECT TG THE COMMISSIONER OF SECURITIES OF THE STATE OF MINNESOTA AND AUTHORIZING THE PREPARATION OF NECESSARY DOCUMENTS AND MATERIALS IN CONNECTION WITH SAID PRO�ECT, FEHLING, FEHLING AN� NYBO TABLE� 10/19/81 : Mayor Nee stated action was ta6led on this resolution at the last meeting in order to receive further comments from the proposed developer. Mr Qureshi, City Manager, stated the proposal is to construct a 28,000 square foot office building on the northeast corner of I-694 and Highway 65. He stated th�s building will be constructed on two lots, one lot presently contains an old, burned out structure which is not occupied, and the other lot south of it currently has a model home which was converted to office space. Mr. Quresht stated the proposal is to remove both of the structures and construct the office building. Counctlman Schneider stated Ms. Nybo is on vacation, however, he did receive a phone call from her and he is comfortable as far as proceeding on this resolution. Councilman Schne�der stated regardin9 the next �tem on the agenda, which is the rezo m ng issue, it is his �ntent to move to authorize the administration to enter into an agreement with the pettttoner and, upon completion of the items outlined in this agreement, there would be a second reading on the rezo m ng ordinance. � REGULAR MEETING OF OCTOBER 26, 1981 PAGE ^c Councilman Schneider asked if they approved the resolution for the industrial revenue bond itnancing, if it would affect the control on the rezontng. Mr. Herrick, City Attorney, stated approval for industrial revenue bond financing, at this time, is preliminary approval and doesn't bind the Council to proceed. He stated it should be pointed out the Council would be gtving preliminary approval and one of the conditions of final approval would be to o6tain the rezom ng. MOTION by Councilman Schneider to adopt Resolution No. 121-1981. Seconded by Councilwoman Moses-Martin. Counctlwoman Moses-Mart�n asked Councilman Schneider what he had discussed with Ms. Nybo in their telephone conversation, Councilman Schneider stated he talked with her about the structure and made sure they intended to reinove the existing structures, however, he stated they didn't go into detail on the bu�lding construction. UPON A VOICE VOTE TAKEN ON THE ABO�E MOTION, all voted aye, Mayor Nee declared the motion carried unanimously. CONSIDERATIOPJ OF SECOND READING OF AN ORDINANCE TO AMEND THE CITY CODE OF THE CITY OF FRIDLEY, MINNESOTA BY MAKING A CHANGE IN ZONING DISTRICTS, FROM Councilman Schneider felt the City should matntatn some control to make sure ex�st�ng structures on the property are removed. Councilman Schne�der stated he felt admim stration should be authorized to enter �nto an agreement with the petitioner regarding certain assurances that the office building will be built before there is a second reading on the rezoning ordinance. Mr. Burandt, petitioner for the rezoning, stated the developers are not involved in the rezoning on this particular piece of property. Mr. Qureshi, C�ty Manager, stated the agreement, referred to by Councilman Schneider, would be hetween the developer and the City to remove the old, burned-out structure as well as the existing house that is being used as an office in order to construct a new offtce buildtny. He further stated, if these conditions are met in a certain amount of time, the City will rezone thls property. Mr. 6urandt stated in order for the nemr office building to be constructed, it would be necessary to reinove both structures in order to supply adequate parking, � Mr. Burandt stated to the Housing and to the developer. he needed th�s property rezoned now in order to sell it Redevelopment Authority so they, in turn, can sell it Councilman Schneider stated he didn't want this property in question rezoned unless they have a package whereby the burned-out house and the house occupied by Swing Realty are removed. M�'r. Burandt stated the Council has then changed their position, because at the time of the hearing, the pos�tion taken was only to remove the burned-out structure. ' � L 1 � � , � REGULAR MEETING OF OCTOBER 26, 1981 PAGE 3 Councilman Schneider stated he has talked to neighboring residents, since the time of the hearing, and doesn't want to be �n the position of having the property rezoned and not have adequate parking. Councilwoman Moses-Martin stated if this proposed pro�ect for construction of an office buildin9 falls through and the property is rezoned to CR-1, someone could build a smaller structure and never have to come to the Council for approval, if they met all the codes. Councilman Schnetder stated, even if the rezo m ng is tied to the removal of both structures, he didn't believe it would effect Mr. Burandt's dealings with the Housing and Redevelopment Authority. Mr. qureshi felt it would have no effect, if the Housing and Redevelopment Authority was going to acquire this piece of property. Mr. Burandt stated the Housing and Redevelopment Authmrity is only acquiring one piece of property, the one for which he is a�king for the rezon�ng. Mr, Boardman, City Rlanner, stated the problem is that only one piece of property is in the tax increment district and if the funding doesn't go through for construction of this office building, the Housing and Redevelopment Authority will pull out of the pro�ect. Mr. Herrick, City Attorney, stated it would seem if the proposal for the Nybo office building goes through, then it makes no difference on the rezoning issue. If it doesn't go through, and the rezoning is approved, �b� owner co,uld _ make application for any office building that would meet the area requirements of that particular lot. He felt the question to be answered was tf the Council would prefer to have the property rezoned even if it �s a separate lot and there may be the possibiltty of a smaller office building, or to have it remain at its present zoning until they know definitely what will happen with the proposed pro�ect. Mayor Nee felt if Mr. Burandt controls both parcels, it would seem to be in his best interests to make an agreement with the developer. Mr. Burandt stated he doesn't control Nybo's property per se, but has a contract for deed which states r�othing can be removed from the property, without payment on the contract for deed, Mayor Nee asked which parcel of property the Housing and Redevelopment Authority is considering for purchase. Mr. Boardman, City Planner, stated it is the parcel where the existing burned-oiat structure is located and that Nybo's control the other parcel under a contract for deed. f�r_. Herr_i�k fe7t the agreement could �e wtth the developer for the office building to the effect that if the building pro�ect goes forward, the lot with the burned-out house would be rezoned and Nybo's would agree that both this structure and the other structure housing Farmers Insurance would be removed. He stated, at that point, they would have to pay P1r. Burandt on the contract for deed. Mr. Herrick stated he didn't see such an agreement as being an o6stacle and felt they could go to their financial agency with such an agreement for the necessary financing. MOTIoN by Councilman Schneider to direct the admim stration to work out an agreement which insures that before the property is rezoned, there are assurances that the office building proposed to be constructed will, in fact, be built and implies the reinoval of the Farmers Insurance Building and removal of the burned-out structure; further, that the agreement �nsures the proper plantings, screentng, signing and that the new construction is substantially the same as proposed to the Council. Seconded by Counctlwoman Ploses-Martin. Upon a voice vote, all voting�aya, Mayor Nee declared the motion carried unammo�sly, � �a; � �=� ;�5 REGULAR MEETING OF OCTOBER 26, 1981 PAGE 4 Mr. Nordlund, representing the developer, stated normally you have an inducement resolution to �nduce the developer to go out and get plans and try to obta_�ri mortgage commitment from lending institution. He stated, w�th the mortgage comnn tment, they will be able to do all the th�ngs required by the Council. He stated once they get the corrom tment for financing, if the rezoning could be a timely and quick step, he could see no problems of having such an agreement. No actton, therefore, was taken at th�s time on the second reading of the ordinance covering the rezoning. NEW BUSINESS: FIRST READING OF AN ORDINANCE TO AP�END THE CITY CODE F THE C f�lOTION by Councilwoman Moses-��artin to waive the reading and approve the ordinance upon first reading. Seconded by Councilman Schmeider. Upon a voice vote, all vottng aye, Mayor Nee decl�red the motion carried unanimously. R�INANCE TO VACATE STREETS AN� ALLEYS AN D Councilman Schneider stated he did go out and look at th�s property and if a road were to be constructed at some future date, one garage would be very close to the right-of-way. He felt this wasn't a signif�cant enough problem to proceed with the vacation and felt the City should retain the easement in the event there may be a need for it in the future. P10TIOPJ 6y Councilman Schneider to deny vacation request, SAU #81-03, as filed by Burton H. Scherven for the vacatton of 66th Avenue between Pierce Street and Lucia Lane. Seconded by Councilwoman Moses-Martin. Upon a votce vote, all voting aye, Mayor Nee declared the motion carried unanimously. IDERATION OF FIRST RCADING OF AN ORDINANCE AP1EPdDING CWAPTER 602 OF THE FRI�LEY CITY CO�E ENTITLED "BEER LICENSIPJG" BY A�DING SECTION 602.01, SUB�IVISION 4; AMENDING SECTION 602.02, SUBDIVISION 1; ADDING SECTION 602.02, SUBDIVISION 5; AMENDING SECTION 602.07, SUBDIVISION 1: Mr. Jtm Hill, P,.bltc Safety Director, stated at the Council's regular meeting on October 5, there was a request for a temporary on-sale beer ltcense from a local businessman and it was recommended the license 6e denied as they didn't qualify for a license under the provisions of tfie State statute. P1r. Hill stated the ordinance before the Cauncil for first reading would permit a business to give away beer during a special event and would more clearly define what the term sale, sell, or sold is tntended to mean and is conststant w�th the defim tion tn the Minnesota State statute. Mr. Hill stated the new Subdiv�sion 5, Sect�on 602.02, explicitly provides for the exempt�on of the license while giving away free beer, but still gives the City control over the possibility of giv�ng free beer away which would create a pu6lic safety danoer or infringe on the peace and tranquillity or violate the laws. Mr. Herrick, City Attorney, stated he has no problem with the concept of the ord�nance and would suggest a first reading, however, he may have some minor changes at the time of �he second reading of the ordinance. MDTION by Councilman Barnette to waive the reading and approve the ordinance upon first read�ng. Seconded by Councilman Fitzpatrick. Upon a voice vote, all vottn� aye, Mayor Nee declared the motion carried una m mously. � , I I � �� '�_J REGULAR MEETING OF OCTOBER 26, 1981 742 AN EMERGENCY DRD CITY OF FRIDLEY: PAGE 5 Mr. Mark Burch, Assistant Public Works Director, stated Well No. 3 has been a poor well for the City and ne.ver produced, however, in the process of preparing the well for abandoia,���rrtand capping, it was determined that air ,7etting the well could possibly remove all the loose material and allow �he well to function prope�,y. Mr. Burch stated suffic�ent quantities of sand have been removed to realize the development of the well hole and the company doing the air ,7etting stated they have had some luck with this process. Mr. Burch stated it is requested that an emergency ordinance be passed to authorize the expenditure up to a maximum of $30,000 for further development of the well, rather than try to construct a new well at a cost of about 3300,OOD. MOTION 6y Councilman Fitzpatrick to watve the first and second readings of this ordinance and adopt it and order publication. Seconded by Councilman Barnette. Upon a voice vote, all voting aye, Mayor Nee declared the motion carr�ed unanimously. ��'� RECEIVING CHARTER COMMISSION MINUTES OF SEPTEMBER 1, 1981 �., ;�, 1 ��e �I MOTION by Councilman Barnette to receive the minutes of the Charter Commission Meeting of September 1, 1981. Seconded by Councilwoman Moses-Plartin. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. RECEIVING CATV ADVISORY COMMISSION MIPlUTES OF OCTOBER 8, 1981: MOTION by Councilman Schneider to receive the minutes of the Cable Television Comm�ssion Meeting of October 8, 1981. Seconded by Councilwoman P�oses-P9artin. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Mr. Burch stated this Thursday evening , October 29, the Cable Television Company will have their technical people available to answer any questions from the Council. He stated if any of the Council members cannot be present they may submit their questions to either him or Clyde Moravetz for presentation. Mr. Burch also stated this Saturday morning, October 31, at 9:00 a.m., P1r. Herbst, attorney for the Cable Commission, will be at the Anoka County Library to answer any questions from the Council. CONSIDERATION OF REVISED COMPREHEiVSIVE PLAN FOR SUBMITTAL TO THE PIETROPOLITAN Mr Boardman, Ctty Planner, stated the Metropolitan Council has but the C�ty's Comprehensive Plan on hold which means they are not reviewing it any more. He stated ihe City has to clarify certatn areas, mainly, land use to show where high and low densities would be located, and the parks and open space element. Mr, Boardman stated another area was tra�nsportation to clarify 1990 volumes and the issue of sewer capacity. He stated staff had to re-evaluate the residential and industrial growth to give the Metropolitan Council a more realistic figure and this was done after the census data was received. Mr. Boardman stated staff is now ready to submtt the new pro,7ections to the P�etropol�tan Council. Councilman Schneider felt on the land use they are right back to the pro6lem that had been originally discussed, where they are, by submission of the map to the Metropolitan Council, rezoning property. �� �,� ��, REGULAR MEETING OF OCTOBER 26, 1981 PAGE 6 Mr. Boardman stated rezoning of any properties isn't marked, except those in the redevelopment districts. He stated those properties will be rezoned by action of the Housing Redevelopment Authority, t,rhen adequate proposals are submitted to the HRA. Mr.6oardman stated, in the redevelopment section, it has been stated that no rezoning will take place unless it goes through the action of the Housing and Redevelopment Authority. He further stated any other rezo m ng has to go to the Metropolitan Council for their review within a ten day period. Mr. Herrick, City Attorney, asked if a niece of property is presently zoned industrial, however, in the Comprehensive Plan, it is shown as restdential, but there has been na rezo m ng by the Council, and the owner wanted the property for industrial development, what would happen. Mr Boardman stated, if it ts according to the plan, that would be an amendment to the Comprehensive Plan and would have to be submitted to the Metropolitan Council. He stated if the Compreu�risive Plan shows tt as residential and it is presently industrial, and the owner requests a rezoning to residential, then this wouldn't have to be submitted to the Metropolitan Council, as it is consistant with the Comprehenstve Plan. Councilman Schneider asked what the City's position would be then if the Metropolitan Council tells them they can't approve a rezon�ng. Mr. Boardman stated they would have to give them a reason as far as the metropolitan signifi cance. He stated what they probably would be looking for is how a development would affect the transportation system and how much traffic would be emptytn� on to a road system. He felt in 98% of the cases, the Metropolitan Council probably wouldn't have any feedback, and probably wouldn't say they couldn't rezone a property. Mr. Quresh�, City Manager, felt the only thing the Metropolitan Council would consider significant would be how a development affects the sewer capacity, as Fridley has a good transportation system. Councilman Schneider stated it seems to him, for all practical purpose, the map to be submitted to the Metropolitan Council, rezones the City of Fridley, and takes the control out of the Council's hands and puts it into the control of the Metropolitan Council. Mr. Boardman stated the only thing they are talking about rezoning is the redevelopment district. He stated the Comprehensive Plan is, in fact, the zoning for the City and if that zoning plan is amended, it has to be submitted to the Metropolitan Council for review. Mr. Boardman stated the only other alternative is not to show any zom ng, but densi��:s, in the redevelopment districts. He stated these modifications can be made 1n each of the redevelopment districts and try to sell this to the Metropol�tan Council. Mayor Nee felt this should be done if it isn't acceptable, perhaps the Council should meet with the Metropolitan Council. Councilman Schne�der also felt it wasn't necessary to include the element of the parks and open space. Mr. Boardman stated this is required under the Land Planning Act. Councilman Schne�der suspected this is not a requirement tn the legislation, but a rule of the Metropolitan Council staff. ' 1 , � � � �; a � .�. � �� � �"a � �'- , ,{: , REGULAR P+IEETING OF OCTOBER 26, 1981 PAGE 7 MOTION by Councilman Fitzpatrick to receive the revised Comprehensive Plan and for staff to bring it back to the Council in two weeks with the revision of the map. Seconded by Councilman Schneider Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. LICENSES: MOTION by Councilwoman Moses-Martin to approve the licenses as submitted and as on f�le in the License Clerk's Offtce. Seconded by Councilman Schnetder. Upon a voice vote, all voting aye, Mayor Nee declared the motion carr�ed unanimnusly CLAIMS MOTION by Cow�ctlman Schneider to authorize payment of Claims No. 266602 through 298M73. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor P�ee declared the motion carried unanimously. ESTIMATES: MOTION by Counctlman Barnette to approve the estimates as submitted. Halvorson Construction 4227 - 165th Avenue N.E. Wyoming, MN 55D92 Parttal Est. #7 - Miscellaneous concrete curb and sla6 construction $918.25 Seconded by Councilman Schnetder. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. RESOLUTION N0. 122-1981 ESTABLISHING THE DATE FOR A PIIBLIC HEARI�dG ON A PROPOSED HOUSING PLAN UNDER MINNESOTA STATUTES, CHAPTER 462C APJD AUTHORIZING PUBLICATION OF NOTICE THEREOF: MOTION 6y Councilman Schneider to adopt Resolution No. 122-1981. 5econded by Counctlman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unantmously. RESOLUTION ND. 123-1981 CALLING FOR A PUBLIC HEARING ON A PROPOSAL TO MOTION by Councilman Schneider to adopt Resolution No. 123-1981, setting the publ�c hearing for November 23, 1981. Seconded by Councilwoman Ploses- Martin. Upon a voice vote, all voting aye, Mayor Pdee declared the motion carried unanimously. ��"' RESOLUTI�N N0. 124-1981 CALLING FOR A PUBLIC HEARING ON A PR�POSAL T� UNDERTAKE AND FINANCE A COMMERCIAL DEVELOPMENT PRO�ECT BY INDUSTRIAL REVENUE BONDS - RICE CREEK COMPANY: P10TION by Councilman Schneider to adopt Resolution No. 124-1981, setting a public heartng for November 23, 1981. Seconded by Councilwoman Moses- Martin. Upon a voice vote, all voting aye, P1a,�or PJee declared the motion carried unanimously, ����`' CONSIDERATION OF SETTIPlG A Pl1BLIC HEARING ON TFIE ESTABLIS INCREMENT DTSTRICT IN THE NORTH AREA: MOTION by Councilwoman Moses-Plartin to set the public hearing for Pdovember 23, 1981. Seconded by Councilman Barnette. Upon a vo�ce vote, all voting aye, Mayor Nee declared the motion carried unanimously. c' /T . 1 o-J�l� REGULAR MEETING OF OCTOBER 26, 1981 ADJOURNh1ENT: PAGE 8 MOTION by Councilman Schnetder to ad,7ourn the meeting. Seconded by Councilwoman Moses-Martin. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the Regular Meeting of the Fridley City Council of October 26, 1981 ad,7ourned at 9•05 p, m. Respectfully submitted, ,�.�-��-�- Caro�Haddad Secy. to the City Cauncil Approved: November 9, 1981 �.�'�� �.�.� �' � William J. N e Mayor � ' ,