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09/24/1984 - 00012152� �I � +� • • � �_.�; ui • • . .. . _� r :� The Regular Meeting of the Fridley City Council was aalled to order a� 7:4C p.m. by Mayor Nee. PLi1C�E OF AT,i,FY�IANCE: Mayor Nee led the Council and audience in the Pledge of Allegiance io che Flag. ROLL CALL• MEN�ERS PRESF�IT: Playor Nee, Councilrn�n Fitzp�i.rick, Councilnan FI�nernik, Councilman Scl�neider anc; Councilman Barnette I�l'�ERS ABSENT: None ����l�l�!R�7�!1L �1�1�Y4�l�CA ��iJ� _ 4! I• 1 �' MOTION by Councilman Fitzpatrick to approve the rninutes as presenced. Secondeci by Councilman Schneider. Upon a voice vote, all voting aye, Nayor Nee declared the rnotion carried unanirnousiy. ADOPTT�7 OF E1GII�7DA� The following it�l was added to the ayendz. "Consideration oi ?�pproval io enter into a Lease Agreement with the HP�F1 �°or Use of the Vacant Prialep Harci�aare Store for a Liquor Warehouse Facili�y. NDTTON by Councilman Schneider to acbpt the aqenda with th� above acidi uan. Seconded by Councilman Hamernik. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. OPEN FORUM, VISITORSc P4ayor Nee acknowledged Cub Scout Troop 271 which meets at Stevenson Gchooi who were in attendance at the nleeting. T,FAP,UE OF WOMAN� VOTERS' CONSENSUS RE: SOLID WASiE DIS�AL: Ms. Cnnrue Metcali, representing the Leayue oi b9omen Voters, and Cizairperson for a study on solid waste, presented the concensus reached iron L-heir study. Ms. NZetcalf stated there is ooncern all over tt�� world regarding solid �sasLe abatanent and disposal and the position taken bp the League oi Women Vo�ers on the national and state levels is to support palicies to reduce ine nonessential p�rt of the waste; recover the nonreducible por�ion; and tlien ensure safe disposal of the rest. -1- ���� �;; �t COUNCIL MEETING OF SEPTEI�7BER 24. 1984 Ms. Metcalf stated the Fridley League of W�en Voters studied the matter of solid waste disposal and supporteci a coilection center for recyclables in Fridley. She stated this past year ttse League studied solid waste disposal, �rticularly as it affects Fndley's householders. Ms. Metcalf stated, as a result o£ the study, the League of Women voters supports private wer mwucip�l trash hauling for the C�.ty; cbes not support trash haialing districts for the City; supports hauling fees based on the vol�une of trash per household; supports cbor-to-door pickup of recyclables; supports a n�unici�i oomposting program; ancl encourages all businesses in the City to recycle. N3s. Metcalf stated this information is sukxnitted to the Council to stimulate and encourage actions wl�ich will reduce dependency on landfills and induce resldents to reuse materials and recycle, She stated the League supports the City in its private trash hauling position and believes residents would reduce their waste, if they had to �y according to the nLmiber of trash cans or k�ags filled each week. She stated the League also supports a murucips]. composting program. Ms. Metcatf stated daor-to-door or curbside recycling is now established in many of tkie surrounding cities and others are plaiv�ing pilot pro�ects. Ms. b4etcalf stated tkte new Metropolitan Council Chairperson, Sanura Garc�ebring, stated there is no alternative to landf ill abatement, we must reduoe our waste. NLS. Metcalf stated the League of Women Voters urges the Council and ac�hziinistration to implanent programs to encourage recycling and a comgost program. She stated she appreczated the opportunity to present this concensus to the Council. N�yor Nee sug9ested it may be beneficial ior Ms. Metcalf to attend the Council's next conference meeting ta iurther discuss this issue, OLD EUSINESS: l. C�NSIDERATION OF API�INTC7IIV'i' � COMMC7NTTY DEVELOPHiENT COMMISSTON (TABLED 8/20/84. 9�10/841: MDTION by Councilman Schneider to table this iten. Seconded by Councilman Barnette. Upon a voice vote, all voting aye, N�yor Nee declared the motion carr7ec� unanimously. 2. CONSIDERATION OF APPROVAL OF MUTUAL AC1iEEMIIdT: A1VD ORDINANCE NO 817 � AY�7END THE CITY �DE OF THE CITY OF FRIDLEY MINNESOTA BY MAKTNG A CHANGE IN ZONING DISTRICTS FROM R-1 TO R-3 (ZOA #84-02 DeGARDNES21 : NIr. Flora, Pub11c Works Director, stated a mutual agreement has been -2- � � �i LJ a�. b� ui al �� � JM ui: •;� developed adc1ressing the construction of 28 Loft Home units by Pir. DeGardner. He stated in consideration oi i�he rezoning request, the aaner/developer agrees to the following: xevise the berm layout on 61-1/2 Way so as to block headlights from shininy inro che ad�acent homesy relocaLe the anergency egress to the east; construcc new garages; provide to the City, and register with the County, a copy of an executecl Townhouse Protective Covenant; sul�nit a landscapin� and irrigation �lan for approv ai; sul�nit a drainage plan for approval; purchase and rezone to R-3, Lot 11, Black 20, Fridley Park; provide a perforn�nce bond oL- $10,�00; �y park fees of $14,000 ($500 per unit); and to build anly uze ty�es of units submitted � as Loft Hwnes. N�r. Flora stated both the owner, t�ir. Nielson, and the developer, Mr. DeGardner, have sicpied this mutual agreenent. I�TION by Councilman Fitz�tnck to authorize the City to enter into Lhis mutual agreenent with P9r. Nielson and P7r. DeGarclner ior develo�nent of the Loft Hanes. 5econded by Councilman Barnette. Upon � �oice vote, all voting aye, Mayor Nee declared the motion carried unammously. i2�Ti0Td by Councilman Fitzg�trick to waive the second reading oi Orainance No. 817 and adopt it on the second reading and order public:ation, Secon4ed by Councilman Schneider. Upon a voice voce, all voting aye, rilayor Nee declared the motion carried unammously. NFI�T BUSINESS: 3. RECEIVING STATEMENT OF C�119VASS FOR THE SEP'rEM6Et: 11, 3984 PRIMARY ELECTION: M�'i'TON by Councilman H�nernik to receive tlze sLate�ent of carivass. Seconc7�d by Councilman Schneider. Mr. Irnnan, City Clerk, stated there was a cbmpucEr error in �he resuli.s ior Ratte and Simoneau in Ward 3, Precincts 3 and 9, and the resulrs should be � exactly opposite of what is presented. He stated tlie cdnvass board =or the County will meet regarding this issue. 7t was the consensus of the Council to waiL until the :.anaass board net ro determine their action, before receiv�.ng this stat�nent oi canvass. � Councilman Hamernik withdrew his motion wztl� permission of the seconder, O�uncilman Schneider. NDTION by Councilman Barnette to not receive che statement oi canvass at this time. Seconded by Co�uicilman Schneicler, ilpon a voice vo�e, all votinc� aye, DTayor idee declarec�f r.he motion carriec: unanimously. 4. CONSIDERATION OF FTRST READING OF AN ORDTNANCE ADOP`P3NG 'tI3E BUDG�T FOR THE FISCAL YE�R 19II�` : I�TTON by Councilan Barnette to waive the reacling and approve the orclinance u�n first reading. Seconded by Councilman Schneider. Upon a voice vete, -3- °�°j� �� ��� cl4 �;,r� �>'.1 COUNCIL L'�ETING OF SEPTEP�ER 24. 1984 a11 votinq aye, Mayor Nee declared the motion carried unatumously. 5. CONSIDERATION OF APPROVAL OF FINAL PLAT. P. S. �r84-03, LOFT HOMES OF FRTDLEY. �Y ROBEI:T DeGARDNER fPUBLIC HEAI;IN� SEPTEMBER I0. 1984): Ms. Flora, Public Works Director, stated the Council earlier this evenzng appraved a mutual agreanent for develognent of these Loft Hanes and adopted an ordinance Por rezomng the property for this clevelo�anent. He requestecl the Council now a�nsider approval of the final plat. N17TION by Councilman Fitzpatrick to approve final plat, PS #84-03, Loft � Homes of Fridley. Seconded bp Councilman H�nernik. Upon a voioe vote, all votang aye, M�yor P�ee declarec3 the motion carried unanimously, 6. RECEIVING THE A1IN[➢TES OF THE AL�I�INING �MPriI5uI0N OF SEPTEIuIBER 12 1984 • 6A. �NSIDERATIOfI OF SPECTAL UE PERMIT #k84-14 TO AIS,IX�7 CONSTRCTCPTON OF A SECbPTD ACCESSORY BUILDING AT 5725 POLK STREET BY ROBERT LII-INER: Mr. Flora, Public Works Director, stated this is a request for a special use permit to allaa construction of a s�cond accessory building at 5725 Polk Street. He stated the petition wished to use this building for storage and for his woodworking hobby, and it is not intended to use this garage for any home occupation. Mr. Flora stated the Pia�uung Corrmussion has recommended approval of this re.quest for a special use permit. N7DTION by Councilman Schneider to concur with the recommendation of the Planning Commission and grant special use permit #k84-14, Seconded by Cbuncilman Barnette. Upon a voice vote, atl voting aye, Mayor Nee declared the notion carned �u�aninously. 6B. CONSIDERATION OF A SPECIAL USE PERMIT #k84-16 TO ALL�OW A GASOLINE SERVICE STATION ALOI� WTTf: A CONVEHIIEB7CE STORE AT 8100 F,AS'C RTVER � FtOPS) SY PF,TRICIA HOLCONl6 AND BERNADE7.TE BENSON: t�. Flora, Publzc bTorks Director, stated this property is located at tne soutriwest corner of Fairmont and East P,iver Road. He stated the petitioners wish to use the property for a service station and corrvenience store and a speciai use permit is required for the service station. Nyr. Flora stated the petrtioners have agreed to e�ctensive landscaping along East Pil.ver Fcoad and a na�or ranodeling of the e�sting structure, Ms. Flora statecl there ti=as consicierable discussion at the PlannYnc� Gommission meeting about the lighting and traffxc. Mr. Flora statecl the plans suLanitted fox the property would eliminate the drivewap off Fairmont and reduce the driveway near the intersection of East �ver Roaci. He stated there would also be additional landscaping along the soutYn property line. -4- � �� y ui • i• , Mr. Flora stated the Plarunng Coi[NUSion recorm�ended approval of ti�is special use permit with eight stipulations, whicP� l�e outlined frorn the Pl���ning Corcmlission minutes. Councilman Fitzxatrick stated he felt the rraFfic flow would change wxil; the opening of this business, as some of the northbound customers would rnake left turns. He stated a similar request ior a gas station at 79th an� East River Road was denied because of traffic �robleas. Councilman Fitzp�trick stated a petition has been received containing 110 � sigriatures of �ersons in the ir�anediate area who ob�ect chiefly because ti�ey feel this would add to the traffic congestion, Mr. Fred Meinke, Meinke Foods, 7883 East P,iver Fcoad, sLated he dldn'L believe the area �uld support another oonvemenoe store, He s�atec� he aiso felt, if this special use permit is grantecifor the gas station, he should also be allowed to have the same privilege. Mr. Nee stated the item the Council is considerirvg is whether or not to allow the sale of gas at this location and not wheLYier or not �he wrroenience store should be allowed. Mr. Herrick, City Attorney, stated the fact thaL- soneeody feels ther� are too many stores oi one kind is not reason to refuse tu allow another store to open providing the zoning is correct and no var�.ances or spe�.ial use permits are needed. The question before 'rhe Council is whether they wou3d issue a speclal use permit for the sa"le of gasoline. I3e staceci he understands all criteria is met to open a convenience store. P9s. Myran Kostuch, 8027 Fairmont Circle, siated she lived directiy across frwn this proposed station and asked if therc are plans �o install trariic signals. r7r. Flora stated the County would be checking the trafxic count Lo ae�.ei7aine if siynals are warrantec� at this intersection. � Ms. Kostuch stated she felt, because the drzveway to this station is directly across the street fran Fainnont Circle, you would have cars coninG across East River Road onto their street in order to turn around and exit on East River Road, She felt this would affec� ihe safety of the �;hildren. r LJ Ms. Kostuch stated she wouLd like to see this d3:ivew�y closed. Mr. Flora stated he didn't feel the custaneis would exit out the drive�aay and cross over onto Fairmont Circle. Councilman Schneider asked Ms. Rostuch why she feli trafic would corne into Faixmont Circle. She stated she felt they wou3d use �iis street as a turn- around to get back onto East River Road. Ms. Pat Holcomb, the petitioner, stated one oi the questrons brouyht up was the lighting and she stated they would use zonec! lighting which si�ines -5- �'''�`i� ��� 9�� COiINCIL MEE'P'�' OF SEPTEMBER 24 1984 directly onto the lawn rather than into the street or ad7acent properties. NLS. Holcomb stated the c7riveway shown as closed on Fairmont has been closed for years and tYiey didn't intend to open it. Ms. Holcomb stated the stipulation regarcltng a$5,000 performance pond was an agreanent between t7r. Robinson of the City staff and herself based on the iact that it was late in the season to camplete the landscaping. She stated arrange�nents have been made to complete the landscaping this year and would like to havE this stipulation removed as the reason for the � stipulation was to insure the landscaping was c�mpleted. Mr. Flora stated the performance bond is to make sure all improvements are campletect and when this has been acoomplished, the bond is released. Mr. Holcomb stated she would auestion the legality on the stipulation to provide a 17 foot easement. 3he stated the easement wouldn't be used for �nother five to seven years at rhe earliest and their property value woulcl decrease when they signed the easement. Shz stated if they siyn the easement at this time, they will not be compensated for it, B'is. Holcomb stated the Nhnnesota canstitution says it is illegal and people have the right to be compensated for anything taken for public use, Mayor Nee feli tlley should consider the matter of the special use permit and their reasons for requesting it before getting into the stipulations recommended. Ms. Holcomb stated th�y dic7 a market ytudy for tYte area and pointed out the nearest gas stations to the north and south. She stated when residents in the area were first notified of this request for a special use permit, she had several neighbors come to her and were excited about their proposa7.. �imcilman Pitz�trick stated the Council's problan is they have a petition with ll_0 names opposed to this special use permit. � Ms. Holconb questioned if ali the persons who signe& the petitiori were adults. She stated it was determined at the Planning Commission rneeting tYiat sorne of the signatures were persons underage and some that didn't live in the area. Mr. Herrick, City Attorney, stated the petition is strictly iniormation for the Council, however, if more analysis is needed he was sure staif can provide this information. He stated it really isn't irnportant who signed the petition, but the reasons behind it. He stated on a request for a special use pennit, there has to be some evidence that the proposed use would create some ty�e oP a problem. Ile stated, in this situation, all n�nbers of the Council are familiar vrith the area and the traffic situation. He st�ted if the request is granted or not, the Council should state the reasons. Mayor Nee stlted he felt it was in the interest of public safety to require -6- � �� �� i • �ur � , • • , the easement to help the county provide for safe left turns in the future. He asked Ms. Holcomb if she was in agreanent to provide the easement. Ms. Holcomb stated the only argiunent she has is it is being taken without any campensation. Mr. Herrick stated if the petitioner knows this will be a requirement for the special use permit, this could probably be taken into consideration in negotiating the sale price of the property. He further stated, if and when the County improves the street, he felt it would substantially increase the � value of the property so if the petitioner isn't com�ensated for the square footage, they would be compensated by the fact that the property will have a better and safer access and be more valuable. Ms. Holcomb stated she found there is s�e legal questions in providing the easement and the County told her it is wntestable. She felt this request for the easement should be set aside for further examination and consideration. Councilman Fitz�trick stated ne would move to table this iten. He pointed out, however, similar requests for gas stations on East itiver P.oad have been demed. He stated he does believe there is a safety factor involved. Nl�TION by Councilman Fitzp�tnck to table this item. Seconded by Councilman Schneider, Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unaninously. . ;,� u .� •• i • u ��. • . . • ,�'�' '�l� ;o-.� • •�� ,. � •� •�� �. � •,� • � Mr. Flora, Public Works Director, stated this is a request for a variance to reduce the side yard setback between buildings frcnz the required 25 feet to 5 feet in order to allow a building addition to line up with the existing � building, Mr. Flora stated the Apeals Cornmission has recommended approval of this variance with stipulations that the south wall of the new adcfition be a 4-hour rated fire wall and the south wall of the e�eisting building be upgraded to a 4-hour rated fire wall and any openings in that wall be upgraded or renoved. Mayor Nee asked if the petitioner had thought about purchasing an additional 15 feet so a variance woulchi't be needed. The petitioner was not present at the meeting and since this question to purchase additional property had never been raised, the following action was taken: MOTTON by Councilman Fitzg�trick to table this item to the next meeting. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unammously. MOTION by Councilman Schneider to receive the minutes of the Planning -7- � � �. �� � �, ��x� COUNCIL MEETING OF SEPTEMBER 24� 1984 Commission Meeting of Septenber 12, 1984. Seconded by Councilman Barnette. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried wlanimously. 7. RECEIVING OPINION FROM CITY ATi'ORN�.'Y RDGARDING THE GOLF COURSE INITIATIVE PETITION• r7ayor Nee stated he raised some questions regarding this petition and asked for an invest�,gation of the matter regardtnq the use of revenue bonds. Mr. Irmtan, City Clerk, stated there are two types of revenue bonds, one type � is in which the full faith and credit of the community is pledged behind it for a�xrticular activity and the City can use its taxing power to pay the debt service zf need be. He stated the other type of bond is the one that cloesn't have the backing of the G ty's taxing power. Mr. Irmzan stated the difference between the two bonds is in the risk. He stated the one, without backing of the City, runs higher because of the risk and is somewhat unattractive to sell. He stated the City has no responsibility in this type of bond, but in general obligation bonds, the G ty has resp�nsibility for payment of the debt service. Mr. Herrick, City Attorney, stated in his review of this matter, he discussed the issue of revenue bonds as the proposed ordinance attached to the petition refers to these bonds. He stated there is probably a difference in the legal implications as to what kind of bond is used. He stated, in his opinion, if a strict revenue bond was issued, one that doesn't have the full faith and credit of the community he felt it probably wouldn't violate ihe process in the irutiative process of he Charter. He stated the Charter was to prevent the p�ssage of an ordinance which would substantialTy increase or reduce the revenue of the City. He stated this purpose was to protect against an ordinance that was initiated that would cut the taxes or double the budget and put the City in a bad fiscal position. Mr. Eerrick stated, if a bond is used that would carry the full faith and � credit of the conununity, and taxes would be levied if there was a shortf all, he believed this would be a problem in that it would conflict with the language of the City Charter, Mr. Herrick stated if that kind of bond is issued, taxes could be levied if the revenue was insufficient. He stated a supplenent could probably be issued which would expand on his opimon. Mr. Herrick stated there were three issues he �nsidered. He stated one was whether the proposal was a legislative or administrative action. He felt the use of the property was what would be def ined as legislative action because it would be a long-term decision, as opposed to a day-to-day operatinq admimstrative decision. � �� ��.1�� _ u �. • r , D2r. Herrick stated the second issue he considered was whether there was a conflict with the Charter regarding the a�propriatinc� of money or "levying o� taxes. Ns. Herrick stated the third issue was the question ai whether r1�e proposea ordinance would be inappropriate because L-lze issue on Lhe use oi the land had already been decided in a previous vote, He stated there are scme caurts that would say that is the only way it can be decic7ed and a decision could be overruled by a future vote of the electarate. � Mr. Hernck stated he pointed out pract�cal consiaerations, one was ihe agreenent made with the Metropolitan Counci, as far as ;.inancing. He sta�ec� a portion of that agreanent indicates that, without mYULUal agreemeni, the Council agreed to continue the use of tl�e laz2d as a naiure center ior a �eriod of 20 years fram the time the pro�eci: was completed. Mr. Herrick stated his opinion contained iuri-1�er information regarding couy:t review and appropriate timing should it come down to that question. Mayor Nee asked NIr, Herrick the nature of t�is revis�on and conclusions. Nr. Herrick stated, if it is i�.nancecl with a cevenue bond, without L-he iull faith and credit of the City, there would not be a violation oi the restriction in the Charter. He stated, ii the iinancing contained a pledge of Eull faith and credit of the City ior any deficiencies or ocher appropriations of money, there would be a l�.mitatioiz imposed by rhe Charter. Mayor Nee questioned if there were any bonds thaL didn't r�uire i:he City Lo spend something to support the operation. Mr. Inmari, City Qerk, stated he hasn't seen any i17at are sel;:-sustaimril. He stated rnost bonds address the �y2ng of the debt servlce and keep�ng the facility in such a fashion that it would warrar?t bus�ness. � Mr. Herrick stated he would suggest to the people distributing the petition, ir they are going to proceed with it, the proposed ordinance could sl-anc� some unprov�nent, He statect one of the tl�ings that should be 3ook�d at ls nore detailed definition of the terms. He sLated discussaon on the proposed financing has been sufficient to shaa s�oe care needs LO be taken oi there is going to be a question on whether there is some conflict with Lhe Ciiarter. � Mayar Nee stated what the real question sec�ns to L� is how you inter��rec tl,e meaning of revenue bonds. Nir. Herrick stated he would discuss this issue iurther �ai�� the bond counsel with a report back to the Council. Councilman Barnette �tatect ten years ago when ihe whole issue was brought up, there was no concern on how it was going to be financec�. -9- � �� .}�1c� C? r'� � 9. �i�Ti� � • ar r I� Mayor Nee stated the only questior� is whether this is a legal petition. Mr. Herrick statd the difference then was there was not an initiative �;etltion. N'�yor Nee stated he woiiLd be comfortable if the petition specified it would be funded solely rrom revenue and no City monies. Councilman Barnette stated he didn't beliEVe this question cou7.d be answered until a facility is operational. Mr. Herrick stated he thought the problc�n the petition is up against is the restnctive language in 9=he Q�arter. He stated if that language is to be given a normal interpretation, the initiative can't be used to a�pxopriate rnoney or r�uire a oonmitrnent of taxes. MOTION by Councilman Barnette to receive this opinion from the City Attorney, sub7ect to anenctrnent at the next meeta ng. Seconded by Councilman Hanernik. Up�n a voice vote, all voting aye, r�yor P7ee declarect the motion carried unanimously. • • � . .;, � .� �. . � �. .. . i� •� � � • � . � . . . - - tfiOTTON i�y Councilmari Sct'ineider to adopt Resolution No. 109-1°84. Seconded by Councilman Barnette. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unammously. CONSTDERATION OF QIAN.^�E ORDEP. NO. 1. WATER AND SANITARY SEWER PROJECT NO. 145• MOTION by Councilman Hamermk to authorize change order No, 1 for water and sanitary sewer pro�ect No. 145 by adding $22,292.23 to the origznal contract for the following: Water and hydrant and �nitaxy sewer wnstruction (81st Avenue & T73 47 West Service Drive and 83rd Avenue and TH 47 West Service Drive) with F. F. Jedlicki, Inc. Seconded by Councilman Fitz�trick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 10. APPOIN'i'ME�NTS: CITY EMPLOPEES: Nl�TION by Councilman Schneider to concur with the follaaing appointments by the City h^,anager: �� Lawrence A, Farber 426 Main Street Elk River, MN 55332 NDSITION Police OFf-icer Police Dept. -10- START7NG STARTING SALARY AATE REPLI�CES $1,780,00 September 26, Catherine per 1984 Wingard month � � �I L__I � � � �� J� I � �lyl: Donovan W. Abbot P,R #3, Box 152 Battle Lake, MN 56515 R�lice Offioer A�lice Dept, $1,447.00 (�ctober 1, J�l�e �r 1484 Soden month Seconded by Councilman Fitzpatrick. Upon a voice vote, all votirig aye, Nayor Nee declarect the motion carried unv�imousTy. 11. CT�AT 7�: MOTION by Councilman Barnette to authorize payment of Claims no. 253F01 tY?rouyh 266F22. Seconded by Councilman Flamernik. Upon a voice vote, all votirig aye, Mayor Nee declared the motion c�rried unanimous3y. 12. LICF3�TSES: NI�TION by Councilman Hamerruk to approve the licenses as sutn�ittecl and as on file in the License Qerk's Office, Seconded bg Councilr.ian Scl�neider. Upon a voice vote, all voting aye, Mayor Nee ueclared the motzon carried unanimously. R�7��1u��5[5!�F� MDTTON by Councilman Fitz�trick to approve Uze estimates as sukr�itted. Herrick & Newman, P.A. 6279 Umversity Avenue N.E. Fridley, NIl�I 55432 For legal services rendered as City Attorney for the month of August, 1984 Invoice No. 2676 of Septenber 10, 1984 Legal Sexvices, re: Longview Tnvoice No. 2673 of Sept�nber 10, 1984 Legal Services, re: Hazardous Waste Hickok and Associates 545 Indian Mound Wayzata, Minnesota 55391 Moore Lake Restoration Pro�ect, Phase II Partial Estirnate - Month ot August Halverson Construction Company 4229 165th Avenue Wycming, MN 55092 Miscellaneous Curb & Gutter & Sidewal}; Partial Estiinate No. 6 -11- $2,890.60 $2,750.00 $ 121.8C $4,364.95 $2,778.1£3 � Fi �y � +�p t1' � �: i ��..� �: 13 COiTNCTL MEETING OF SEF'i'EMBER 24 1984 H & S AspIlalt 1%OQ Inciustry Avenue Anoka, ft�I 55303 Street Improv�nent Pro�ect St,1984 1& 2 Partial Estimate A]o. 6 F. F. Jed].ick1, Inc. ]4203 W. 62nd Streat Eden Prai ne, MN 55344 �stunate No. 4 Pro�ect �F145 Water � Sewer Tmprov�nent $27,217.03 $21,381.87 Seconded by Councilman Schneider. Upon a voice vote, all voting aye, rlayor PSee declared the motion carried unanimausly. CONSIDERATION OF APPPWAL OF L�ASE AGREEMENT WITH THE HRA FOR USE OF THE VACANT FRIDLEY FIARUWARE �u'i�RE FOR A LIOUOR WAREd30USE FACILITY• Mr. Qureshi, City Manager, stated because of the change in marketing for the Iiquor busir.ess, the City wishes to go into a warehouse approach to remain competitrve. Mr. Qureshi stated both Spring Lake Park and Col�nnbia Heights have changed t-o this type of approach with their liquor business. Mr. Qureshi stated, in order to accompllsh this change, it is requested the Council consider the lease agre�ent with the HRA to use the vacant Friciley Hardware Store for a liquor warehouse facilzty. He stated by ueing tFiis facilitp, the City would be able to try this new rnarketing approach to see if it is successf-ul for the oommunity. Councilman Edrnette asked how this move would affect the liquor store on Highway 65. Mr, �ueshi stated when Spring Lake Park opened their warehouse liquor �peration, �.t had a marked effect on the saies for Fridley's store on Hiahway 65. He felt, with Columbia Heights opening their warehouse operation, it would further affect this store. He stated tne City's aproach now would he to concentrate their efL-orts on the warehouse sales and to wait and see how sales are going at the store on Highway 65 before any decisions are made regarding the future use. MOTTON by Councilman Schneider to authorize the admimstxation to enter xnto a lease agreanent witY� the HRA for the vacant Fridley Hardware builcling and for staff to take ste1as necessary to open a warehouse liquor operation at this facility. Seconded by Councilman Barnette. Upon a voice vote, alI voting aye, Mayor Nee ueclared the motion carried unanimously. -12- � � II � � � � ��iJ� I • �y—�LIL .�. • [ W�I�y MOTION by Councilman Barnette to ad7ourn the meeting. SecondeG by Counciliaan Schneider. Upon a voice vote, a11 voting aye, Mayor Nee cleclared the motion carried unanirnously and the Regular [�teeting of the Fridley City Council of Septenber 24, 1984 ad7ourned at 9;35 p.m. Respectfully suk,ttiitted, .Q���-�� Carole Fladdad Secretary to the Ca.ty Council Approved: October 1. 1984 -13- � ,'� �'±,�J �.�,�./,.��� ���-�' Willi�n 3. Neq" ! t�iayor !, epsq� ia r J c_b