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10/25/1982 - 00012803� _^, � THE MINUTES OF THE REGULAR MEETING OF THE FRIDLEY CITY COUNCIL OF OCTOBER ZF, tqRa The Regular Meeting of the Fridley City Couneil was called to order at 7:30 p. m. by Mayor Nee. PLEDGE OF ALLEGIANCE; Mayor Nee led the Council and audience in the Pledge of Allegiance to the Flag. ROLL CALL: MEMIBERS PRESENT: Mayor Nee, Couneilman Barnette, Councilman � Sehneader, Councilman Hamernik and Couneilman Fitzpatrick MEMBERS ABSENT: None APPROVAL OF MINUSES - COUNCIL MEETING. OCTDSER 4. 1982; MOTION by Councilman Schneider to approve the minutes as presented. Seeonded by CounciLman Barnette. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. APOPTION OF AGENDA: MOTION by Councilman Fitzpatrick to adopt the agenda as submited, Seconded by Counei�n�2n Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. pPEN FORUM. VISITORS: There was no response from the audienee under this item of business. PUBLIC HEARING: PUBLIC HEARING ON REZONING REOIIEST. ZOA �82-05. BY CUB FOODS TO REZONE FROM M-2 TO C2S. 450 7�RD AVENUE N. E,: � � RECEIVING PETITION N0. 8-1982 PROTESTING REZONING: � RECEIVING PETITION N0. 10-1982 IN FAVOR OF REZONING: AND RECEIVING CO[�fUNICATIONS REGARDING REZONING REOUEST: MOTIQN by Councilman Hamernik to waive the reading of the public hearing notice and open the public hearing. Seconded by Councilman Sehneider. [�pon a voice vote, all voting aye, Mayor Nee deelared the motion earried unanimously and the public hearing opened at 7:33 p, m. Mayor Nee stated Che first part of this hearing would be a staff presentation, and information on the Planning Commission's recommendation. � COUNCIL MEETING aF OCTOBER 25, 1982 PAGE 2 Mayor Nee stated the petiticner, Cub Foods, would make thear presentation, then one from the opponent and advocate side followed by comments from those wha are either opposed or in favor of this rezoning. Mayor Nee stated the question of rezoning is a very serious consideration, as the City recently adopted a Comprehensive Plan, and the rezoning would be a ma,7or amendment of this Plan. He further stated the Charter tloes give the Council the discretion to change a zoning district, however, it requires four affirmative votes of the Council. � Mr. Flora, Publie Works Director, stated the property involved in this rezonin� request is just south of 73rd Avenue and East of University Avenue. He stated Cub Foods is requesting rezoning from M-2 Heavy Industrial to C25 General Shopping of approximately 27 aeres, however, sinee the time of the original application, thas has been changed to include only the 17.2 aeres fronting on University Avenue Service Road & 73rd Avenue. Mr, Flora stated the Planning Commission held a publie hearing on this rezoning and heard a number of discussions, both pro and con, however, they unanimously recommended denial based, primarily, on the traffie and safety considerations brought out during the publzc hearing. Councilman Hamernik asked if the petitioner was shown other properties in the City available for commercial development. Mr, Flora stated when Cub first came to the City, with an interest in expanding their facilities, a total of nine sites were identified whach would satisfy the area requirements for the store they wanted to construct. He stated many of these sites were disregarded based on Super-Valu�s criteria. Mr. Flera then identified the other sites which were suggested to Cub, as possible areas for them to relocate, however, it was pointed out that Super-Valu does not want a Cub store so located that it would be in direct competition with a Super-Valu store. � Mayor Nee questioned the tax effects on the Caty if Cub were to relocate. Mr. Inman, City Clerk, stated if Cu6 Foods was to move from their present location to a site outside of Fridley, there woula be no effect because the taxes on the land and building, where Cub is now located, would generate the same amount of revenue. He stated, currently, Cub pays $�},058 in City taxes at their present location, however, based on the square footage, if they were to relocate at 73rd and University, it is estimated they would pay $17,086 in taxes. Mr. Ir_man also pointed out that, currently, School District No, 16 receives $18,302 a year from Cub Foods and at the proposed new located, they would receive about $80,Q00. Mayor Nee asked the effect on taxes if another industrial use were to be loeated on this site at 73rd and University. Mr. Inman stated, using two hypothetical examples similar to Carter Day and the Target Warehouse, the � r�i�nd=� �_'�� COUNCIL MEETING OF OCTOBER 25. 1982 City taxes generated would be hetween industrial or manufacturzng use would City than the commercial use. PA $22,500 to $30,000. He stated the generate more tax revenue for the Couneilman Schneider questioned why the industrial development would generate more tax revenue. Mr. Inman stated it is, basically, the structure. He stated Cub Foods� facilities are referred to as a"shell" and, generally, industrial buildings such as Carter Day and Target Warehouse have more expensive construction. Mr. Hooley, President of Cub Foods, stated in 1968 he and his brother started the Cub Foods operation in Fridley and this is where they would like to remain. He stated they asked the City approximately a year ago to find another location and they were looking at 81st and ❑niversity, however, this site was not acceptable due to the cost of si�e preparation because of the soil conditions. He stated the price for this property is prohibitive, xf you include the site work. Mr. Hooley stated if Cub were to relocate at 73rd and University, they would hire an additional 123 employees from this area. He stated the main reason for changing their location is because they have outgrown their present facilities and the employees are working under unsafe and erowded conditions. He stated their accidenC ratio is 32� more than in any other Cub store. Mr, Haoley stated Cub would like to remain in Fridley and requested the rezonin�; of this property, however, if it 1s not acceptable to rezone the entire parcel, they would be w�lling to have the rezonang appl�ed only for the 12 acre Cub store site. Mr, Sheldon Johnson of Barton—Aschman, representing Cub Foods, stated their firm was retained by Cub to analyze their proposed development regarding the impact it would have on the adjacent public street system and aeeess to the site itself. Mr. Johnson stated there are a number of things that go into a traffic impact analysis in order to determine the traffie lane availability such as the ma,7or streets, type of traffic controls, and existing traffic volume in the area. He stated the reason why the study is done is to determine what types of sireets people use io arrive at this type of development. He stated various data was used to arrive at the figures based on the census as wall as historical data from the State and aeross the United States. Mr. Johnson stated they had a traffic count done at the Cub store in Brooklyn Park on a Friday and Saturday when traffic would be at its peak, in order to check the traffic generated at this store, and eheck these figures with their data bank. He stated that Cub stores probably generate a little more traffic than a lot of the other stores, however, using this information, they assign these trips to the roadway for the p, m. peak hours and analyze the effeets. L_.J ' � COUNCIL MEETING OF OCTOHER 25. 1982 PAGE 4 Mr. Johnson stated the level of service is a measure of how the roadway can aceommodate the traffic and these are labeled from A through F, with A being the best and F being the worst. He stated the level of sevice is presently a"D" level which is acceptable and the traffic, with development of this site, would remain at this same level. He stated the development, as proposed, wouldn't create a need to rebuild the intersection. He stated it is felt the frontage road could handle the additional traffie and the stop signs at 73rd would accommodate the traffic. � Mr. Johnson stated it must be remembered that the traffie from this development is not all new traffic as much as it is relocation of the traffic. From figures presented by Mr, Johnson, it was his feeling the traffic would be divided pretty evenly using 73rd east and west of the frontage road, as well as 69�h, and a balance would be retained as far as approach to this site. Mr. Johnson stated from a traffic engineering point of view, the site is acceptable, Councilman Sehneider stated the intersection is presently operating at a ^D" level of service which, based on definitions, is operating at its maximum. Mr. Johnson stated since the time the definitions were written, the Transportation Engineering Committee very informally stated they have to relax what they feel is an acceptable level of service, since it is difficult to provide the types of capacities needed. He stated level "C" can�t be provided overall, therefore, level "D" is acceptable. Mayor Nee stated the City has to deal with the practical problem of peaple driving into residential streets even when a good eollector street is provided. � Mr. Johnson stated they should look at the total residential area and ahave a plan that tends to discourage this type of movement. He stated he felt Cub would be willang to work with the City on a plan so the traffic wouldn't be in the residential area. Couneilman Schneider stated the traffic study indicates the new location would generate approximately 10,000 to 12,000 trips per day. Mr. Johnson stated this would be for the total development and not ,7ust the Cub store. Mr. Don Pollard, Direetor of Real Estate far Cub Foods, presented a map showing the area in question and stated most of the trees would be left on the property and the development would be screened completely from 73rd Avenue. Councilu�an Hamernik stated he thought Cub has been a good resident of Fridley and has en�oyed their association here. He stated he felt a lot of effort has �one into exploring the alternative locations. � �r���� ���� r� rl !l COUNCIL MEETING OF OCTOBER 25, 1982 PA Mr, Hooley stated the City has heen fair with them, however, there is not another area in which they could relocate either because of size, soil conditions, or aceess. Mayor rlee raised the question on the cost for the 81st Street site and asked Mr. Hooley if the HRA agreed to provide them with the soil correction, if this site would be feasible. Mr. Hooley stated the soal has eight feet of peat and only $600,000 was the financing that could be provided, through the tax increment district, � which wouldn't be enough to cover the cost of the site preparation. He stated $1,850,000 is what Cub has to pay for site work in another area. Mayor Nee asked staff if they felt the soil could 6e corrected within these limits. Mr. Flora stated they have taken a total of ten soil borings and superimposed the Cub development on this parcel, and it was felt the store could be built and adapted to fit the suitable soil. Mr. Flora stated it is possible that about �^400,000 would eover the costs for preparatson of this site. Mr. Flora stated Cub has been provided a copy of the results of the soil analysis, but nothing has been presented to them regarding the costs. Mr. Hooley stated they have a problem with the soil at their present location and have redone the parking lot a number of times and it is a mess every spring. He stated an artificial substanee over the soil has been mentioned, but he would question if it could be done for $600,000. Ae stated the site is good, but knows it is not feasible. He stated the asking price for that property is three times what they would be paying and that prohibits it. Ms. Wendy Seine, 180 Talmadge Way, asked if the site they were discussing was near Jerry's Super-Va1u. Councilman Barnette told her it was south of � Jerry's on 81st and University. A lady in the audience questioned if Cub would move to this new location at 73rd, if they would be in School District 14. Mr, Inman stated they are currently located in School District 16 and the 73rd location would also be in Sehool District 16. Mr. Ed Sears, 7360 Memory Lane, pointed out the traffie coming from the north would also use �3rd so over 60$ of the traffic would be on 73rd. Mr. Johnson stated 3+!% of the traffic from the east turns on the frontage road and the other percentage coming north turns on 73rd and then turns on the frontage road so there isn't an area where there is 64$ of the traffic on 73rd Avenue. � COUNCIL MEETING OF OCTOBER 25� 1982 PAGE (� Mr. Chuck Gooder, 7363 Memory Lane, asked about the potentaal uf lost revenue, if Cub vacated their existing facilities. Mayor Nee stated the present facility Cub now has would pay taxes at about the same level no matter what the use. Mr. Gooder asked if the traffic engineer did an analysis of Jackson Street Mr, Johnson stated they didn't analyze the residential streets off 73rd Avenue. � Mr, David Thiele, 7300 Tempo Terrace, questioned the aereage where Our Own Hardware store was located. Councilman Barnette stated it was about 8.8 acres. Mr. Thiele stated Cub indicated their minimum land requirement was nine acres and wondered if anyone talked to the business owners direetly behind this area to possibly obtain the additi�nal amount needed. Mr, Qureshi, City Manager, stated Cub was shown nine other areas that met their area requirements, but there were other restrictians where they felt they could not accept these sites. Councilman Barnette stated the site where Our Own Hardware was located, he believed, was one whlch they felt would be in conflict with the Super- Valu store on Mississippi and Silver Lake Road in New Srighton. Mr. William Boatman, 537 Rice Creek Boulevard, questioned if the traffic engineering study considered the impact on all the children in the area walking to and from the recreational areas and dismounting from the school buses. Mr. Hooley stated a study was done and since 1968, they never had a pedestrian in�ury from any of their stores anywhere. Mrs. 47eaver, 7516 Tempo Terrace, asked about Cub�s third option or proposal. � Mr, Flora stated the Cub development had included, not only their store, but additional develoPment of a restaurant and other stores to the north. He stated their third proposal would just be construetion of the Cub store only. Mr. Zotter, 7360 Molody Drive, asked how many cars eurrently use 73rd and University at peak traffie hours and the increase in the number of ears because of the Cub development. Mr. Johnson stated the present volume on University Avenue, north of 73rd, is 27,000 cars per day and south of 73rd it is 28,500 per day. He stated voLume on 73rd, east of University Avenue, is 6,ODD per day and volune on 73rd, west of University Avenue, is 4�500 per day. He stated the entire development would bring about 3o� of the 10,000 vehicles per day or about 3,000 vehicles, however, if there was a Cub store only, the volume would decrease by approximately 40$• �� � �r s,-� �;�J.A ._� t, COUNCIL MEETING OF OCTOBER 25. 1982 PAGE T Mr. Jack Krichen, 238 69th Avenue, pointed out that people coming from the east are already using 73rd to go to Cub and wondered if there would be that much of an increase in traffic from those currently using 73rd. Mr. Kriehen stated his concern was the precedent that would be set if the City lost Cub Foods. He felt if other businesses see what is happening, it may mean a greater loss to Fridley. He stated he sees a lot of smaller shops, but no bigger businesses moving into the City. He felt they should consider what might happen to the land if it is not rezoned and another business locates on this site, as there is still the question of the traffic. Mr. ICrichen stated he can sympathize with the people that don't � want the traffic and noise, but they also have to think about what they want for future business in Fridley and this development will generate some tax revenue for the City. Mr. Ron Barrows, 1620 Camelot Lane, questioned if 73rd Avenue didn't have its own frontage road that serves the residential streets. Mayor Nee stateo it does, and Mr. Barrows stated he couldn't understand why all the concern then about traffic on 73rd. Mayor Nee stated it was the residents' feelings it doesn't give them much protection for increased traffic on their residential streets. Ms, Pamela Newsome, 7205 Van Buren Street, asked if only the Cub store was built, if Cub would purchase the entire pareel �f land. Mr. Hooley stated they would have to purehase the entire parcel, but would only ask for the rezoning on that portion where the Cub store would be located. Mr. Al Quam, 399 73rd Avenue, stated hey have before them an issue all too typical when the interest of big business comes in confliet with a relatively few. He stated the residents are not against Cub, on the contrary, they have repeatedly made the point they provide a valuable service in Fridley and the surrounding suburbs and is a valued member of the community. He ' stated, as they perceive it, it is the 73rd location for Cub or they will locate zn Spring Lake Park. He questioned if the alternative sites weren't ideally located or was it ,7ust that they may cost more. Mr. Quam felt the costs to the residents should be considered such as Craffic, amounting to 10,000 to 12,000 vehicles per day, which is a ma�or impact on the residential and recreational facilities in the area. F;e felt the interests of any developed residential or recreational area prohibit the traffic of this magnitude. Mr. Quam stated he felt the safety of the people would be jeopardized. He stated the traffic analysis would result in a"D" level of �ervice, however, the traffic engineer indicates that is aeceptable. He pointed out that a"D" level of service is where the intersection is clearly congested, vehicles do not clear the intersection with light changes, and the intersection should be correeted. � COUNCIL MEETING OF OCTOBER 25, 1q&2 PAG Mr, Quam stated access into Melody Manor during peak hours is diff�cult and traPfie on some street in their area is exeessive, and any increased traffic would be a serious threat to their safety. He pointed out the Rice Creek Boulevard residents would be severly impaeted because of their limited access. He stated they would have 24 hour traffic with its associated disturbances, i. e. lights, noise, and congestion, Mr. Quam stated the area near 69th is a residential, recreational and church area and all of these cater to pedstrian aceess. He stated traffic � is very congested now for some events at Columbia Arena and to add the traffic from the Cub store would be a disaster. Mr, Quam stated Cub has indicated the area on Mississippi in the Center City Pro�ect is not acceptable because it is 8.8 acres and too close to the Super-Valu store in New Hrighton, He pointed out the 73rd Avenue location would be eloser to Jerry�s Super-Valu than the site on Mississippi would be to Era.ekson�s Super-Valu in New Srighton. Mr. Quam stated this 3s a residential area and a shopping center would be an eyesore to their neighborhood. He stated it is in Cub�s interest to have a high profile and no herm or landscaping will hide this fact. He asked if anyone could say that the location of a Cub store on this praperty rrculdn�t affect the property values of the homes in the area, as no one would want this next to their neighborhood, especially when there are less sensitive sites available. He stated when people buy homes they expect the integrity of their homes and community to be upheld, and their neighborhood character to be preserved. Mr. Quam stated he believes the wishes of the residents have been made known and the Planning Commission has rendered a deciszon against the rezoning. He stated the vast majority of the residents oppose the � rezoning and it is obvious this is not what anyone wants next to their residences. He requested the Council preserve the integrity of their neighborhood by denial of this rezoning request. MOTSON 6y Councilman Hamernik to receive Petition No. 8-tg82 in opposition to this rezoning. Seconded by Councilman Schneider. Upon a voice vate all voting aye, Mayor Nee declared the motion carried unanimously. Mr. Frank Waks, 757�+ 4th Street N. E., stated he is a 25 year resident, of Fridley and a charter member of the Chamber of Commerce. He stated that 60$ of Cub�s traffic is on Friday night, Saturday, and Sunday, and 24 hours a day. He pointed out the whole area to the south is a recreational area, with children using these facilities on the weekend, when Cub would have a large traffic volume. � I �- �,�t ��n COUNCIL MBETING OF OCTOBER 25. 198� PAGE q Ms. Naney Hendrickson, President of the Fridley Chamber of Commerce, submitted a petition in favor of Cub's relocation in Fridley at 73rd and University. She stated Cub Foods has expressed a need to replace the existing Cub store and has stated the only feasible location in Fridley as 73rd and Universitq. She stated the alternative to this site is relocation outside of Fridley, and the petition supports Cub's efforts to relocate at 73rd and University. MOTION by Couneilman Barnette to receive Petition No. 10-7982 in favor of the rezoning from the Fridley Chamber of Commeree. Seeonded by Councilman Fitzpatrick. Upon a voice vote all voting aye, Mayor Nee declared the motion earriea unam�ously. Ms. Pendriekson stated the Fridley Chamber of Commerce represents the business community of Fridley and is comprised of businesses small, medium, and large. She stated their purpose is to promote development in Fridley and that is why she is here on behalf of Cub, She stated there was a letter sent to the newspaper, and one to the Couneil, from the Chamber of Commerce. Ms. Hendrickson requested the Council consider the petitions submitted, as it contains the signatures of a lar�e number of residents representing the entire City. Mr. John Hooley, Director of Operations for Cub Foods, stated the reason they want to build a new store is because of the safety factor and crowded conditions at their preser.t location. He siated the alternate sites they considered seriously were 81st and University and the one in the Center City Pro�eet. He stated the property in the Center City Pro�ect is "L" shaped and their building couldn't be situated in such a way that it would be suitable for their aperation, He stated the traffic study was based on their Brooklyn ParL< store beeause it is their highest volume store at the present time. He felt Cub did listen to the residents at the last meeting and this was the reasoi� for presenting the option for eonstruction of the Cub store only. He stated a barrier would be left between 73rd and the store and felt it was a good plan. He thanked the residents of Fridley and stated he hoped they could obtain the rezoning, and do a good �ob with development of the property. Ms. Lana Freeburg, 301 Riee Creek Terrace, stated lights in the area are a problem now and didn�t feel the increased lighting from Cub would be that much of an additional problem. She felt a grocery store was nee�ed in this area, and since Cu6 has been a good neighbor, the City should try 2nd keep them here. Ms, Freebur� felt people do buy their property looking to the future, however, they bought their property with the expectation that Umversity � � � COUNCI� MEETING OF OCTOBER 25 1982 PAGE 10 � 4� � Avenue would be their only problem, but they now have a pedestrian walkway with an increase in vandalism and debris. Ms. Freeburg felt people should also realize the eeonomics and the loeation of a Cub store in the City does provide �obs. She felt traff2e into the City to shop at Cub wouldn't be increased. Ms. Free6urg stated the comments she heard from residents about the traffie seems to be the main reason they are against Cub relocating to thzs area, and thought perhaps the City should look at another way of access into that area. Mr. A1 Quam stated the President oF the Chamber of Commeree presented a � petition to the Council and was representing the business community. He pointed out you don't have to own a business or live in Fridley to be a member of the Chamber of Commerce. He stated the minority took it upon themselves to support the rezoning, and the point is they don't represent the business community. Ms. Lee Ann Wellan, 5680 East River Road, stated she is an employee of Cub and the people who shop there at night are employees from Unity Hospital, Target Warehouse, and Totino's, and not a bunch of teenagers that would be racing in and out of the area. Mr. Rob Weaver, 7516 Tempo Terrace, stated Cub has agreed to eliminate the other structures and this area would be replaced with a parking lot which generates absolutely no tax revenue. He stated the additional traffie of 3,000 cars a day actually means 6,OOD a day as these vehicles will also have to leave the store. P1r. Meier, 25040 Hassan Parkway, stated Cub's 6usiness is slowest in the mornzxig hours when people would be leaving for work. Ae stated only one person leaves the store every 10 to 15 seconds and cars leave the parking lot every 20 seconds. He stated he has shopped at the Brooklyn Park store and has never waited to leave the parking lot. Mr. Tony Schreiner, 7372 Symphony Street, felt if Cub is located at 73rd � and University, the congestion at that intersection would be horendous because there isn�t enough room fcr the ti�affie flow. Mr. Pel Price, 5821 3rd Street, stated he had heard there was a hazardous waste site proposed for 73rd and asked if this was correct. Mayor Plee stated there is a meeting on November 8 regarding the plans for this area and the possib3lity of a hazardous waste processing site. Mr, Qureshi stated 28 sites are being considered and the City has received a hearing notice and there will be a number of ineetings conducted by the Waste Control Board. He encouraged all citizens who are opposed to a hazardous waste control site in Fridley to attend these meetings. He stated the Council and staff will o6ject to it, however, citizen input would be helpful. � ��_ COUNCIL MEETING OF OCTOBER 25. 1982 P.�GE 11 Councilman Schneider stated even if the Cub store were to relocate on 73rd, the preliminary area marked out 6y the Waste Management Board would 6e large enough for their use, as well as land for Cub. Mrs. Judy Quam, 399 73rd Avenue, pointed out she felt traffic for the Cub stcrF wculd be the same, regardless if any other shoppang areas were eonstructed, or if only Cub was located on this site, Mr. Stan Kowalski, 7450 Tempo Terrace, stated they want Cub to stay in ' Fridley, but not in their 6ackyard. He stated he can't understand the Chamber of Commerce supporting this when they are supported by Fridley. Mr. Chester Perkerwicz 7370 Coneerto Curve, stated they are not txying to run Cub out of town, but have a concern about the safety of their children. Ms. Shelly Olsor, 59�0 Anna Avenue, stated there are residents in Fridley that don't want Cub to move out and only 4D0 people who don't want it located there She statea Cub is Holxday's competation and if Cub moves out, Holiday will be better able t,o raise their prices. Ms. Newsome, 7305 Van Buren Street, stated she didn't sign the petition when it was brought around by Cub employees because she wouldn't want Cub in her neighborhood, and she ob�ected to the way the petition was presented. Mr. Gault, 3969 Gershwin, stated they had employees who wanted to do their part and circulated the petition on their otrn time beeause they were concernea. He stated he is not aware of anyone beirig forced to sign, Mr. Jordan Larson, 7401 Concerto Curve, stated he has heard about the traffie and unsafe working conditions at Cu6. He felt unsafe conditions � will exist no matter where Cub relocates because in their relocation, they will make it unsafe for adults and children alike in this neighborhood with a 24 hour operation. He felt they didn�t need all night business in the area and felt home values would decrease. Ms. Sharon Cerepak, 1041 Haekman Circle, felt the pieture of the increased traffie the residents have painted is not true. She stated she works at Cub �nd takes Highway 65 to 73rd and felt there are aery few vehicles waiting to turn into the residential area. She didn't think cars were bumper to bumper on that stretch of road and that she has observed very few children on the street. Ms. Cerepak stated, as far as children going to the arena, she felt most of them are hockey players and are driven. Mrs. Karen llove, 7505 Jackson Street, stated a lot of the danger to the residents as not so much as driving to and from work, but it is because of the recreational biking and walking which is done in the evening hours when a lot of pecQle c�ould be doing their shoppang at Cub. � COUNCIL MEETING OF OCTOBER 2. 1982 PAGE 12 Mr, Mark Manley, 660 Marigold Terrace, stated he can see the point where residents are worried about safety, but he land is zoned industrial and there will be something built there eventually which will generate traffic. Mrs. 4leaver, 7516 Tempo Terrace, stated Cub is threating to move out of Fridley, She stated the City has offered to help them relocate, however, they state they want this site or they will leave. She felt the employees who work for them, if they are good employees, will be able to keep their � �ohs. Mr. Bill Boatman, 531 Rice Creek Boulevard, stated he has gone by Carter Day at every hour and has never seen a problear with traffic. He felt the City should try to entice that type of industry to build a faeility on this pancel. Mr. Meier, 250k0 Hassan Parkway, stated he felt if there was an industrial development on this site, there should be more concern about safety because of the types of jobs in a manufacturing area which probably generates more stress. Ms. Daane Mahowald, 7451 Lyric Lane, stated she would follow Cub wherever they go, but didn�t want them in the area. Mayor Nee stated the Council normally doesn't �ote on an item the same night as the public hearing, and with all the comments and discussions raised, he didn"t feel the Couneil would be comfortable in deviating from this policy. Councilman Barnette felt this was the perfect examgle of representative government and how the American syatem works, MOTION by Councilman Schneider to receive all the communications regarding � this rezoning. Seconded by Couneil�an Hamernik. Upon a voice vote, all voting aye, Mayor Nee declared ihe motion carried unanimously. MOTION by Couneilman Barnette to close the public hearing. Seconded by Councilman Hamernik. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the public hearing closed at 9�58 P• m• REC S : Mayor Nee called a reeess at g:58 p. m. RECONVENED: Mayar ldee reean��r,ed the meeting at 10:14 p. m. All Council members were present. OLD HUSINESS: ORDINANCE N0. 761 TO AMEND THE CITY CODE BY MAKING A CHANGE IN ZONING DISTRICTS FROM M-1 TO C-2 (ZOA #82-04),�G. W. PASCHKE: � (,ra i1 x� �. ., � COUNCIL MEETING OF OCTOBER 25. 1982 PAGE 13 MOTION by Councilman Hamernik to waive the reading of Ordinance No, 761 and adopt it on second reading and order publication. Seconded by Councilman Sehneider. Upon a voice vote, all voting aye, Mayor Nee declared the motaon carried unanimously. ORDIPiANCE N0. 762 TO VACATE PART OF 64TH AVENUE N. E. (SAV #82-01). HRA: MOTION by Couneilman Schneider to waive the reading of Ordinance No. 762 and adopt it on seeond reading and order pu6lication. Seconded hy Couneilman Barnette. Upon a voice vote, all votin� aye, Mayor Nee � declared the motion carried unanimously. ORDINANCF N0. 763 TO VACATE STREET RIGHT-OF-WAY FOR SERVICE DRIVE SOUTH OF 57TH AVENUE N. E. (SAV �k79-02). CITY OF FRIDLEY: MOTION by Councilman Hamernik to waive the reading of Ordinance No. 763 and adopt it on second reading and order publication. Seconded by Councilman Fitzpatrick. Upon a voice vote, all votir.g aye, Mayor Nee declared the motion carried unanimously. APPGINTFSF,NTS: ENVIRONMENTAL OUALITY COMMISSION AND COMMUNITY DEVELOPMENT COMMISSION: Councllrlan &amernik nominated Thomas Gronlund, 7411 Lyric Lane, for appointment �r, �i�e Environmental Quality Commissian. MOTIdN by Councilman Barnette to casi a unanimous ballot for the appointment of Thomas Gronlund ta the Environmental Quality Commission. Seconded by Councilman Schenider. lipan a veice vote, a11 voting aye, Mayor Nee declared the motion carried unanimously. MOTION by Couneilman Hamernik to table the appointment to the Community Development Commission. Seconded hy Couneilman Schneider. Upon a voice vote, all voting aye, Mayor Nee dealared the motion carried unanimously. RECEIVING PLANNING COMNIISSION MINUTES OF SEPTEMBER 29, 1982: � A. CONSIDERATION OF AN ITEM FROM APPEALS COMMISSISON HEARING OF SEPTEMBER 21. 1982: Variance reauest to reduce the distance from an intersection to allow construction of a bzllboard at 7233 Universitv Avenue N. E. bv Fairview Sian Comnanv. Jack Nu�ent: Mr. Flora, Public Works Direetor, stated the petitioner has requested this item 6e tahled to November 8, 1982. MOTION by Couneil�ian Barnette to table this item tp Ncvember 8, 1982. Seconded by Couneilman Fitzpatrick. Upon a voice vote, a11 voting aye, Mayor Nee declared the motion carried unanimously. The Couneil then received the minutes of the Planning Commissson Meetin_� of Septem6er 29, 1982. � � � J � COIINCIL MEETING OF OCTOBER 25. 1982 PAGE 14 RECEIVING CHARTER COMMISSION MINUTES OF MAY 20. 1982: MOTION by Councilman Fitzpatrick to reeeive the minutes of the Charter Commission Meeting of May 20, 1982. Seconded by Couneilman Hamernik. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. RECEIVING BIDS AND AWARDING CONTRACT TO PARK CONSTRUCTION FOR MOORE LAKE PHASE I BASFU STOHM SEWER PROJECT dk1�7 (BIDS OPENED 1D/12/82): Mr. Flora, P�blic Works Director, stated fiickok and Associates prep2red the plans and specifications for this projECt, and it is recommended the low bid from Park Construction be acceptec�, MOTION by Couneilman Schneider Eo receive bids for Lhe Moore Lake Phase I EASFU Storm Sewer Projeet �k137• BIDDER BID SECIIRITY RECEIVED RECEIVED BID AMOUNT ADDENDUM N0. 1 ADDENDUM N0. 2 PRICE Park Const. Company Northdale Const. Company Crossings, Ine. Julian M. Johnson Const. Corp. Bonnie Exeavating Inc. G.L, Contracting, Inc. G.S. MeCrossan, Inc. Nodland Associates, Inc. 5% 5% 5$ 5� 5� 5� 5% 5% Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes $134,781.37 $137,706.75 �1�1,301.7a $178,$86.00 $183 , �+93.37 $192,997•25 $195.�+10.15 $z39,6o9.00 Seconded by Couneilman Hamernik, Upon a voice vote, all voting aye, Mayor Nee deelared the motion carried unanimously. �y�V�'n (d,_J { I COUNCIL MEETING OF OCTOBER 2S. 1982 PAGE 15 Councilman F3arcernik a�ked for an explanation of the costs contained in the letter from Hickok and Associates dated October 19, 1982. Mr. Flora stated there would be a second grant for Phase II of the pro�ect. He further stated the first grant was for $4�9,400 and the second grant, where the City is paying one-half, is for $556,800. He stated the eost summary shows ad�ustments in various accounts, to provide sufficient funds to accomplish the BASFU construction. He stated if there should be an overrun Hlekok indicates there are Funds � available an Phase II. He stated the Environmental Proteetion Agency and the State are looking at the total amount and that is the only figure they have to wateh that they don't exeeed. Couneilman Schneider asked if they are expecting an overrun on the costs. Mr. Flora stated the funds from the second grant were to remove material from the bottom of the lake, but they still don�t know for sure how mueh dirt would be removed. He stated there are a lot of unknowns yet in the pro�ect even though they are tied to a fixed dollar amount. Mr. t)ureshi stated, from an administrative point of view, it was felt they should stay k*ithin the scope of Phase I for the eosts. He felt the Couneil could approve the pro�ect and staff would write Hiekok and Associates to tell them the cost of Phase I would come from that grant, and not look at Phase II for funds. Councilman Fitzpatrick asked about the increase in the cost of the land acquisition, Mr. Flora stated the Assessor evaluated the property as three buildable � sites. Councilman Sehneider stated as far as the property acquisition, it is still Within the total budget for the first phase. MOTION by Councilman Sehneider to award the contract for Moore Lake Phase I BAFSU Storm Sewer Pro�ect 4l137 to the low bidder, Park Construction in the amount of $13�,781.37• Seconded by Couneilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. MOTION by Councilman Schneider to direct staff to formally contaet Hickok and Associates and express their concern that the entire pro�eet be completed wlthin the Phase I grant application funds. Seconded by Couneilman Sarnette. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. � � � � COUNCIL MEETSNG OF OCTOBER 25,�Q82 PA RECEIVING BIDS AND AWARDING CONTRACT TO KEEHN BROTHERS FOR REPAIR OF FILTER PLANT ROOFS (COMMONS - LOCKE PARK) (BIDS OPENED 10/1q/82): MOTION by Councilman Fitzpatrick to receive the bids for the repair of the filter plant roofs at Commons and Locke Park. PLANHOLDER Keehn Brothers 2512 Hillsboro North New Hope, MN D.C. Taylor Company 200 West 88th Street Bloomington, MN Peterson Maintenance Corp 2329 5th Street White Bear Lake, MN BID DEPOSIT United States Fidelity Guarantee 5� Employees Mutual 5$ Cashiers Check $22�D.Q0 $30,600.00 $39,295.00 $42,45a.0� Seconded by Councilman Hamernik, Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. MOTIOAI by Councilman Schneider to award the contract to the low bidder, Keehn Construetion for repair of the filter plant roofs at Commons and Loeke Park in the amount of $30,600. Seconded by Couneilman Barnette. Upon a voice vote, all voting aye, Mayor Aee declared the motion carried unanimously. Mr. Qureshi indicated that Donahue and Associates would be retained to inspect the construction of the roof repair as they had specafied the work, and this would insure the City obtained what was desired. RESOLUTION N0. 96-1982 OF THE CITY OF FRIDLEY. AUTHORIZING THE ISSUANCE OF $1.500.000 AGGREGATE PRINCIPAL AMOUNT COMMERCIAL DEVELOPMENT REVENUE SONDS - FRIDLEY PLAZA PARTNERSHIP PROJECT: MOTION by Counclman Barnette to adopt Resolution No. 96-1g82. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. RESOLUTION N0. 97-1982 APPROVING A SIIBDIVISION, LOT SPLIT. LS d682-D4. TN THE 7700 BLOCK BETWEEN BEECH AND ELM STREET: MOTION by Councilman Hamernik to adopt Resolution No. 97-1982. Secondea by Couneilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion earried unanimously. CLAIMS: MOTTON by Councalman Schneider to authorize payment of Claims No. 273A30 through 2g4Z06. Seeonded by Couneilman Barnette. Upon a voiee vote, all voting aye, Mayor Nee declared the motion carried unanamously. �� � :� u ti= • �, COUNCIL MEETING OF OCTOBER 25 1982 LICENSES: ��r� MOTION by Councilman Barnette to approve the lacenses as submitted and as on file in the License Clerk's Office. Seconded by Councilman Ftizpatrick. Upon a voice vote, all voting aye, Mayor Nee deelared the motion carried unanimously. ESTIMATES: MOTION by Couneilman Fitzpatrick to approve the estimates as submitted. Herrick & Newman, P. A. 6279 University Avenue NE Fridley, MN 55432 For legal services rendered as City Attotney for month of September 1982 Re: Industrial Revenue Bonds (Ruether Distributing Company) Halverson Construetion Company 4227 165th Avenue NE Wyoming, MN 55092 PARTIAL Estimate �4 1982 Misc. Concrete Curb � Gutter Pro�ect E. A. Hickok & Assoc., Ine. 545 Indian Mound Wayzata, MN 55391 Professional Servaces - September, 1g82 Moore Lake Restoration Pro�ect Keys Well Drilling Company 413 North Lexington Parkway St. Paul, MN 55104 FINAL ESTIMATE - Repair Well �3 $ 4,859�80 $ 2,z5D.00 $ 1,472.50 $ 3,292.74 $14,084.50 Seconded by Couneilman Hamernik. IIpon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. COFII�fUNICATI0N5: ANOKA PARK AND RECREATION DEPARTMENT: EISENHOWER MONUMENT: ANp VFW: EISENHOWER MONUMENT: MOTION by Couneilman Sehneider to receive the communications and to respeet the wishes of the V. F. W., sinee they donated the monument, to I I �__� � LJ � � r� � � 1 V 1 / � �: � �' z�i PAGE 18 have it moved to Moore Lake Park, Seconded by Councilman Hamernik. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. : � • � �i� , MOTION by Councilman Sch�eider to adjourn the meeting. Seconded by Councilman Barnette, Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the Regular Meeting of the Fridley C1ty Council of Detober 25, 7982 adjourned at 10:35 p. m. Respectfully submitted, � ' �. ��UC��. �. - l�w��� Carole Haddad Secretary to the City Council Approved: November 8, 1982 �,�;��' �- ;�,��, -�,,`�--�'�- W111iam J. N f Mayor