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02/26/1990 - 00006403THE MINUTES OF THE REGULAR MEETING OF THE FRIDLEY CITY COUNCIL OF � FESRUARY 26, 1990 The Regular Meeting of the Fridley City Council was called to order at 7:32 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: MEMBERS PRESENT: Mayor Nee, Councilwoman Jorgenson, Councilman Schneider, Councilman Fitzpatrick and Counoilman Billings MEMSERS ABSENT: None PRESENTATION OF PROCLAMATIONS: VOLUNTEERS OF AMERICA WEEK - MARCH 4- 10, 1990: Mayor Nee read this proclamation celebrating 94 years of service by the Volunteers of America to the people of Minnesota and the nation. � Ms. Joanne Demko, Director of Congregate Dining for Seniors in Fridley, accepted this proclamation on behal£ o£ the Volunteers of America. WOMEN'S HISTORY MONTH - MARCH. 1990: Mayor Nee read this proclamation proclaiming Women's History Month, March, 1990, and encouraged residents to research their family to see how women have contributed to the development of the City of Fridley and the nation. Ms. Kay Bonner Nee accepted this proclamation and stated there are many different events going on in the community and schools in celebration of Women's History Month. She stated there is an art event in which students from kindergarten through high school will be asked to depict, in any art form relevant to them, women who have made the most difference in their lives. Ms. Nee stated this community has given real warmth, energy, and support and extended her thanks for this proclamation. � 04� 0�� FRIDLEY CITY COUNCIL MEETING OF FEHRUARY 26, 1990 PAGE 2 � APPROVAL OF MINUTES: COUNCIL MEETING. FEBRUARY 12, 1990: MOTION by Councilman Fitzpatrick 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 stated it has been requested that Item 16 be deleted from the agenda and that the word "Reordering�� be changed to "Ordering" in Item 13. MOTION by Councilman Schneider to adopt the agenda with the above amendments. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. OPEN FORUM, VISITORS: VFW POST 363 PRESENTATION: Mr. Ron Saba, Quartermaster of the Fridley VFW Post 363, presented � a check for $22,500 to the City to be used £or a vehiole and additional training in the Fire Department. He stated it is possible to provide this donation using funds generated from charitable gambling. He stated it seems the Legislature wants to remove any donations for fire, police, and school projects. He stated he would like the Council's support so that they can continue their work in providing funds for community service. Mayor Nee and City Council members extended their thanks to Mr. Saba for this donation. He was reminded of the caucuses to be held on February 27 where he could address his concerns on this charitable gambling issue. PUBLIC HEARINGS: l. PUBLIC HEARING FOR NORTHCO PHASE III DEVELOPMENT OF 2.4 ACRE LOOP-BACK SITE: MOTION by Councilman Fitzpatrick to waive the reading of the public hearing notice and open the public hearing. 5econded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the public hearinq opened at 7:44 p.m. Mr. Robertson, Community Development Director, stated Northco is � proposing to purchase and develop this 2.4 aore site for an 18,400 square foot, one story, block commercial and office building. He stated the developer proposes to begin construction this spring ' � � FRIDLEY CITY COUNCIL MEETING OF FEHRUARY 26, 1990 PAGE 3 with a bank as the anchor tenant and other tenants to include businesses such as printing, computer sales, and insurance offices. Mr. Robertson stated because wet soil will have to be removed and the site backfilled, the cost for the soil correction is estimated at $70,000 plus an additional $25,000 to elevate the site for proper drainage. Ae stated with normal soil conditions, the site preparation costs would be about $6,000. Mr. Robertson stated the Housing & Redevelopment Authority has recommended the Council establish a short term economic development district for the purposes of assisting this project with a$70,000 pay-as-you-go grant. He sta�ed the grant would be in the form of a revenue note for an amount not to exceed the $70,000 required for soil correction. He stated preliminary estimates indicate this would be approximately the first two years of taxe5, therefore, this district could be retired in three or four years at the Council's discretion. Mr. Carlson, Executive Vice President of Northco, stated he was pleased to report that, at this time, they have sold one eight acre parcel in their business park to Robert Larsen Partners who will be developing the multi-tenant building. He stated they have another seven acre site, under option, and hoped to announce a user for this parcel in the next several months. Mr. Carlson stated he would like to give a brief presentation on the site plan and concept for the small corner parcel. He stated this parcel is 2.4 acres currently owned by the Soo Line Railroad. He stated as the owner and developer of the adjacent parcel, they became concerned when a service station was proposed for this site. He stated it was felt that if something could be worked out with the railroad, they would approach the City Council with a development they felt would be favorable for this site. He stated their proposal is for a 18,400 square foot building for use as a branch bank facility, with an auto bank facility, and the balance of the space would be divided into smaller space5 that could be leased. He stated these spaces, basically, may be used for a restaurant, computer sales, insurance offices, or travel aqencies. Mr. Carlson stated the site has 124 parking spaces and meets the City code and they have asked that a right turn be allowed off 73rd Avenue with several driveways along the frontage road. Mr. Carlson stated the building would be brick with tinted glass windows and an accentuated roofing system. He stated they are working with Mr. Robertson on this issue. Mr. Carlson stated there is a soil problem on the site because a substantial amount of soil will have to be removed and the elevation raised in order to make the project function and drain properly. 04� �J � � FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 26, 1990 PAGE 4 Councilman Schneider stated the market for office space is very slow and wondered if the developer would be able to lease these spaces. Mr. Carlson stated he has had discussions with several potential users, but until construction is further along, it is difficult to obtain leasing commitments. He stated the building is fairly small and different £rom the general office market in that there is parking at the front door, accessibility on the first floor level, and visibility from University Avenue. Councilwoman Jorgenson asked what type of signaqe is proposed. Mr. Carlson stated there would be siqnage primarily on the building, but they might apply for a pylon sign that would identify the project. Mayor Nee asked staff to explain the type of assistance the Housing & Redevelopment Authority is recommending. Mr. Robertson stated this would be a short term economic development district with a pay-as-you-go approach. He stated the grant would be given to the project over a four year period based on the taxes received, rather than being given up-front at the time the project is completed. He stated the tax base does not remain frozen, but must be inflated at the rate of surrounding property. Ae stated the original tax capacity inflates at a rate of about 31 percent which means that by the sixth year, the original tax capacity rate overtakes the estimated value of this property. Mr. Robertson introduced Ms. Mary Molzahn, Financial Advisor on HRA projects, to answer any questions from the Council. Ms. Molzahn stated the original tax capacity is normally frozen, in time, at the current value of the parcel of land ($9,695) for the whole term of the district. She stated an adjustment factor is required in an economic development district and, in this oase, it is 31 percent which was based on figures over a five year period. She stated, therefore, every year the tax capacity will increase by 31 percent and, in 1997, the base will surpass the estimated value so no tax increment could be generated. Councilman Billings asked Ms. Molzahn to explain original tax capacity. Ms. Molzahn stated the original tax capacity would remain the same, if a district is not created. She stated if a district is created, the estimated tax capacity upon completion of the project is $41,250. She stated beginninq in 1992, the estimated tax capacity is being inflated at a three percent inflation factor. 050 ��1 FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 26. 1990 PAGE 5 � Councilman Billings asked why the inflation factor only goes up three percent and the adjustment factor goes up thirty percent. Ms. Molzahn stated the thirty percent is based on historical figures and is fairly conservative. Councilman Billings asked if the Housing & Redevelopment Authority assisted with this project, if taxes would go up thirty percent a year. Ms. Molzahn stated that is not the case and those taxes will continue to be paid forever on the $9,695 value (original tax capacity). She stated, however, the total tax liability, once the building is completed, would be based on the $41,250 figure, the value of the new project. She stated they would be paying about 97 percent of this figure in taxes. Councilman Billings stated the taxes generated would be divided between the City, County, school districts, and other taxing authorities. He stated if develogment does not occur on this parcel, it is reasonable to assume that no new taxes will be generated for a long time. Ae stated, on the other hand, if the Housing & Redevelopment Authority assists with this project, the taxing authorities gain an immediate benefit because taxes will be � increasing thirty percent a year. Councilman Billings stated it is confusing that Senator Frank favors eliminating tax increment financing because he feels it has a negative impact on the school district, when this shows there is an immediate positive impact to the school districts. He stated he would like to know Senator Frank's reasoning why this is not a good idea. Ms. Molzahn stated when this terminates in 1997, taxes will be going to the school districts, City, and County on the increased value that has accumulated. Councilman Schneider stated the thirty percent is based on the historical increase of the land tax value. He stated it seems fairly clear the property would not increase thirty percent if it was vacant. He stated as soon as the property is locked into a development district, a fairly high increase on value is guaranteed. Mr. Robertson stated this does not happen in a redevelopment district where there is a freeze, but, in this case, it would be an economic development district. Councilman Schneider questioned what would happen if an economic � development district is created, but plans fall through several years later. FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 26. 1990 PAGE 6 � Ms. Molzahn stated i£ nothing happetted in the district, it would probably be de-certified. She stated they re-adjust the adjustment factor every year. Mayor Nee stated he understands the developer would be liable if a district is created and development did not occur. No other persons in the audience spoke regarding this Northco Phase III development. MoTION by Councilman Billings to close the public hearing. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the public hearing closed at 8:10 p.m. 2. PUBLIC HEARING FOR 1990 COMMTJNITY DEVELOPMENT BLOCK GRANT: MOTION by Councilman Fitzpatrick to waive the reading of the public hearing notice and open the public hearing. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the public hearing opened at 8:10 p.m. Ms. Dacy, Planning Coordinator, stated the City was notified by � Anoka County that $104,000 in Community Development Block Grant funds is available for 1990. She stated the proposed allocation of these funds are as follows: $70,000 for the Riverview Heights Project; $33,291 for Human Services; and $1,000 to the County for administrative fees. Ms. Dacy stated a later agenda item requires action by the Council to submit the City's request for these funds to the County by February 28, 1990. Ms. Dacy stated the Planning and Human Resources Commissions have recommended approval of the allocations as outlined. No persons in the audience spoke regarding the allocation of these funds. MOTION by Councilman Fitzpatrick to close the public hearing. Seconded by Councilman Schneider. [7pon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the public hearing closed at 8:12 p.m. � OJ� Q53 FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 26. 1990 PAGE 7 , OLD BUSINESS• 3. ORDINANCE NO. 944 RECODIFYING THE FRIDLEY CITY CODE BY AMENDING APPENDIX F TQ PRQVIDE FOR THE ADSUSTMENT OF SALARIES FOR THE MAYOR AND COUNCILMEMBERS IN ACCORDANCE WITH SECTION 2.07 OF THE CHARTER OF THE CITY OF FRIDLEY: MOTION by Councilman Schneider to waive the reading and adopt Ordinance No. 944 on second reading and order publication. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 4. SPECIAL USE PERMIT REQUEST FOR KEITH'S AUTO BODY. 7570 HIGHWAY 65 N.E.: Ms. Dacy, Planning Coordinator, stated this property is located at 7570 Highway 65 and zoned M-1. She stated there are two existing buildings on this parcel that contain a variety of industrial uses. Ms. Dacy stated the Council considered this request on August 28, 1989 and tabled action until identification of the fee owner could be established and staff was to work with the petitioner on some code violations. 1 Ms. Dacy stated in working with the petitioner and City Attorney's office, it has been determined that American Trustee Life Company is the owner and they are trying to sell the property to a partnership. She stated they have refused to sign this request, however, the City Attorney recommends the City proceed on this special use permit request because of its unique nature. Ms. Dacy stated the Council has authorized the sewer improvement project for this property which was the most significant code violation. Ms. Dacy stated it is recommended the special use permit be approved with seven stipulations which she outlined. Councilman Schneider asked what improvements were contained in Darrel Clark's letter of August 30, 1989. Ms. Dacy stated they basically involved handrails and some electrical items. Councilman Schneider asked Mr. Poppenhagen if he understood all the stipulations. Mr. Poppenhagen stated he was not aware of the stipulations for the front of the building. � Ms. Dacy stated these were outlined in a letter to Mike Thompson and a copy coulfl be furnished to Mr. Poppenhagen. � � ' FRIDLEY CITY COUNCIL MEETINC3 OF FEBRUARY 26, 1990 PAGE 8 Mr. Herrick, City Attorney, asked if there are any new developments in the purchase of this property. Mr. Poppenhagen stated he should know more this week as they have been waiting for financing. He stated because there was no sewer service, at this time, no one wanted to provide the financing, however, he has approached his bank and should be obtaining a loan. Mr. Herrick stated the ownership of the property is not critical because the special use permit is given to Mr. Poppenhagen as the operator o£ the business. Mr. Poppenhagen stated if he wished to sell his business, he would like the special use permit to be transferrable. Mr. Herrick stated the procedure would be for a potential buyer to request a transfer and, at that stage, it is reviewed by the Council. He stated a transfer would not automatically occur. Mr. Poppenhagen stated he would feel more comfortable if something could be added to the effect that the special use permit is not transferrable except by approval of the City Council. Councilman Schneider stated he felt this wording could be added to the stipulations. MOTION by Councilman Schneider to grant Special Use Permit, SP #89-OS, with the following stipulations: (1) The special use permit shall be limited to Keith's Auto Body, and is not transferable to another tenant without City Council approval; (2) The special use permit shall be reviewed on an annual basis by staff, with a report to the City Council. Should a hearing by the City Council be necessary due to lack of compliance by the petitioner, the item shall be scheduled for City Council consideration as soon as possible; (3) The connection to City sewer shall be completed within four months after provision of the sanitary sewer line to the property; (4) The building code improvements outlined in Darrel Clark's letter of August 30, 1989 shall be completed by January 1, 1991; (5) Trailers in front of the building shall be removed by July 1, 1990, or a special use permit for exterior storage must be requested and approved prior to July 1, 1990; (6) The storage area for the auto body outdoor storage must be screened by a six foot opaque fence in compliance with the City Code within one month of completion of the sanitary sewer connection work on the property; and (7) The parking lot shall be hardsurfaced, striped, lined with concrete curb, and landscaping installed as per the staff recommended plan by January l, 1992. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. OJ � , � ' FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 26, 1990 PAGE 9 5. VARIANCE REOUEST, VAR #84-15, FOR KEITH'S AUTO BODY. 7570 HIGHWAY 65 N.E.: Ms. Dacy, Planning Coordinator, stated staff is recommending denial of this variance on the basis that the petitioner has the opportunity to place the sign in a position that would not violate the City Sign Code. She stated the Appeals Commission recommended approval by 3 to 1 vote with the following two stipulations: (1) the variance is approved pending approval of the special use permit; and (2) the variance is approved for this sign, and this tenant only. Mr. Poppenhagen stated he felt if the variance is not granted it would reduce his visibility for persons travelinq northbound on Highway 65. He also stated it would be better to locate the sign in the area he is proposing because it is not, as yet, blacktopped. Councilman Schneider stated he felt there was no real hardship since the petitioner could meet the code requirements. Mr. Poppenhagen stated if the sign was installed now to meet the code requirements, it would be in the middle of the parking lot. Councilman Schneider stated once the driveway was constructed, it would not be in the middle of the parking lot. MOTION by Councilman Schneider to deny Varianae Request, VAR #g9-15, on the basis that there is no hardship indicated. Seconded by Councilwoman Jorgenson. Councilwoman Jorgenson asked if the other businesses on the property wanted exterior signage where it would be located. Ms. Dacy stated only one pylon sign would be permitted. Councilwoman Jorgenson stated if a pylon sign is located towards Lampert Lumber and there were other requests for signs of equal visibility, it would create a problem in the future. UPON A VOICE VOTE TAKEN ON THE ABOVE MOTION, all voted aye, and Mayor Nee declared the motion carried unanimously. NEW BUSINESS• 6. APPROVAL OF RELEASE OF TAX FORFEIT LAND: Mr. Winson, Assistant Public Works Director, stated notice has been received from the County that seven parcels of land in Fridley will become tax forfeit as of September 1, 1990. He stated they have requested a response from the City by March 16, 1990 regarding these parcels. �J� �J� � � FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 26, 1990 PAGE 10 Mr. Winson stated Parcel No. 48 consists of right-of-way along Highway 65 north of 73rd Avenue. He stated sta£f is recommending this paroel be transferred to the City as fee property, as it would be useful for the City's Viron Road extension. MOTION by Councilman Schneider to concur with staff's recommendation for Parcel No. 48 to be transferred to the City as fee property. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Mr. Winson stated the next four Parcels No. 49, 50, 51, and 52 are condo sites. He stated staff is recommending these parcels be combined and sold for construction of a single unit as defined in the Innsbruck Plat. MoTION by Councilman Schneider to concur with staff's recommendation for Parcels 49 through 52 to combine these parcels and sold for construction of a single unit. Seconded by Councilwoman Jorgenson. Councilman Schneider felt the Townhouse Association should be notified of this action. UPON A VOICE VOTE TAKEN ON THE ABOVE MOTION, all voted aye, and Mayor Nee declared the motion carried unanimously. Mr. Winson stated Parcel 53 is an empty lot on 2nd and 48th Streets. He stated the parcel is not buildable by itself and should be combined with Parcels 13 and 14. MOTION by Councilman Fitzpatrick to notify Anoka County the City has no interest in Parcel 53 and that this parcel is unbuildable by itself. Seconded by Councilman Schneider. Councilman Fitzpatrick asked about the location of dwellings adjacent to this parcel and staff stated there is a home on the property line between Lots 13 and 14. UPON A VOICE VOTE, all voting aye, Mayor Nee declared the motion carried unanimously. Mr. Winson stated Parcel 54 is an empty parcel on Liberty Street east of Ashton Avenue. He stated the parcel is unbuildable by itself and should be combined with Parcel 10 or 12. Councilman Fitzpatrick questioned the location of dwellings adjacent to this parcel and requested staff to research this information. ' MOTION by Councilman Fitzpatrick to table action on Parcel 54 for further information from staff. Seconded by Councilman Schneider. L .I � ' FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 26, 1990 PAGE 11 Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 7. RECEIVE THE MINUTES OF THE PLANNING COMMISSION MEETING OF FEBRUARY 14. 1990: A. APPROVAL OF 1990 COMMiJNITY DEVELOPMENT BLOCK GRANT PROPOSAL• Ms. Dacy, Planning Coordinator, stated the proposed use of the 1990 Community Development Block Grant funds is to allocate $70,000 for Riverview Heights; $33,291 for Human Services; and $1,000 for Anoka County's administrative fee. She stated the anticipated costs to relocate the owners of Parcel 5 is $100,000 to $110,000. She stated in order to make up the difference between the City's allocation and the projected estimate, two communities in the County were found that would trade their 1990 funds. She stated these are Burns Township for $39,400 and Ramsey for $26,000. Ms. Dacy stated there would then be monies available to consummate the purchase in 1990. She stated, however, in 1991, those funds would have to be returned so Parcel 4 could not be purchased until 1992. Ms. Dacy stated another consideration is that CDBG funds may not exist in the future. Councilman Fitzpatrick stated the owners of Parcel 4 are very interested in the City purchasing their property. He stated the owner of Parcel 5 has not made it known if he is interested in selling. Ms. Dacy stated Parcel 4 could be acquired rather than Parcel 5. However, staff was recommending Parcel 5 be purchased first because when the park plat is developed, Parcel 4 is at the corner and would not be near the middle of proposed activities. Councilwoman Jorgenson asked what would happen to the home if the City acquires it. Ms. Dacy stated the ACCAP is interested in relocating the home to another location. Councilman Fitzpatrick asked the status of Parcel 6. Ms. Dacy stated the relocation analysis has been completed and a purchase agreement is ready to be executed for final action by June. Councilwoman Jorgenson asked if there were no CDBG funds next year, what would happen if the City had traded funds. Ms. Dacy stated if there were no CDBG funds, the City would not be held responsible and the funds traded would not have to be repaid. o�� FRIDLEY CITY COIINCIL MEETING OF FEBRUARY 26. 1990 PAGE 12 � Councilman Fitzpatrick asked if the Parks and Recreation Commission has made a recommendation as to the acquisition o£ Parcel 4 or Parcel 5. Ms. Dacy stated, as of this date, the Commission has taken no position on this issue. Ms. Dacy stated the Iverson's want to know the City's ultimate plans and felt they wanted some direction this year, if possible. Councilman Fitzpatrick stated some members of the Council may not have been exposed to the Iverson's problem. Ms. Dacy stated the action for the Council this evening, however, is to approve the allocation of the 1990 Community Development Block Grant funds. MOTION by Councilman Fitzpatrick to approve the following allocations for the 1990 Community Development Block Grant funds: Riverview Heights, $70,000; Human Services, $33,291; and Anoka County administrative fee, $1,000. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. ' The Council received the minutes of the Planning Commission meeting of February 14, 1990. 8. APPROVAL OF OFFICE PAPER RECYCLING CONTRACT WITH AAGARD SANITATION• Ms. Dacy, Planning Coordinator, stated when the Super Cycle collapse occurred in May, 1989, the City discontinued its office paper recycling. She stated to begin the office paper recycling program, Aagard Sanitation can provide weekly pickup of a 1-1/2 cubic yard container at $35.00 per month. She stated this is a cost of $23.00 per ton and will be reimbursed by the Anoka County grant. MoTION by Councilman Schneider to authorize the City Manager to execute a contraot for service with Aagard Sanitation at a start- up cost of $72.57 in March and $35.00 per month thereafter for a total annual cost of $457.57. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. ' U�� � � � FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 26. 1990 PAGE 13 9. RESOLUTION NO. 17-1990 MODIFYING THE REDEVELOPMENT PLAN FOR REDEVELOPMENT PROJECT NO. 1 TO REFLECT INCREASED PROJECT COSTS AND INCREASED GEOGRAPHIC AREA AND MODIFYING THE TAX INCREMENT FINANCING PLANS FOR TAX INCREMENT FINANCING DISTRICTS NO. 1 THROUGH NO. 9 TO REFLECT INCREASED PROJECT COSTS AND INCREASED GEOGRAPHIC AREA WITHIN REDEVELOPMENT PROJECT NO. 1: AND ESTABLI5HING PROPOSED TAX INCREMENT FINANCING DISTRICT NO. 10 AND APPROVING AND ADOPTING THE PROPOSED TAX INCREMENT FINANCING PLAN RELATING THERETO: Mr. Robertson, Community Development Director, stated staff recommends the Council consider adoption of this resolution to establish Tax Increment Financing District No. 10 for Phase III of the Northco plat. He stated an 18,400 square foot building will be constructed resulting in approximately 25 new jobs, and the facility will add over $850,000 of additional market valuation to the City's tax base. Mr. Robertson stated in order to proceed with construction of this building, soil correction is needed and tax inarement will assist with the increased costs to correct these conditions. He stated without this assistance, development would not be economically feasible and would not proceed in the near future. Mayor Nee stated there have been several proposals for development of this site, however, when the costs were figured for the soil correction, it was not economically feasible. MOTION by Councilman Billinqs to adopt Resolution No. 17-1990. Seconded by Councilman Fitzpatrick. Councilwoman Jorgenson stated she understands this will be a short term tax increment financing project and the property will increase in value, with inflation as judged over the previous five years, and will correct itself each year so the school districts and County will be receiving their appropriate share of the increases generated by development of that property. UPON A VOICE VOTE TAKEN ON THE ABOVE MOTION, all voted aye, and Mayor Nee declared the motion carried unanimously. 10. RESOLUTION NO. 18-199D APPROVING PLAT, P.S. #90-01, NORTHCO BUSINESS PARR 2ND ADDITION: Ms. Dacy, Planning Coordinator, stated this property abuts the University Avenue service road on the west and 73rd Avenue on the north. She stated this lot was one of the original lots of the Northco plat, however, this plat is necessary in order to obtain financing, Ms. Dacy stated the Planning Commission has recommended approval of the plat with five stipulations attached as Exhibit A to the �J� �E�O FRIDLEY CITY COUNCIL MEETING OF FEBRIIARY 26, 1990 PAGE 14 � resolution of which she outlined. She stated the Planninq Commission stipulation regarding the joint driveway easements was to resolve the setback issue. She stated because the proposed joint driveway is located centered on the proposed lot line and the Building Inspector, City Attorney, and Planning Staff has concurred that the setback, as proposed, meets the spirit and intent of the ordinance, it is recommended this stipulation be eliminated. MOTION by Councilman Billings to adopt Resolution No. 18-1990 with the stipulations attached as Exhibit A. Seconded by Councilman Fitzpatrick. Councilwoman Jorgenson stated with this development and the one to the north, there would be a curb cut on 73rd Avenue. She asked if there would be another curb aut on 73rd Avenue to access the future development on the north portion of Parcel 2. Ms. Dacy sCated one driveway cut was to be shared and authorized by the development agreement. She stated in the second phase of this proposal, there could be a curb cut on to 73rd Avenue, but that would preclude Lot 1 from having the driveway. Ms. Dacy stated on the basis of previous plat approval, there is only one driveway cut on Lot 1 or 2 or shared. � Councilwoman Jorgenson stated there was only to be one cunc �ut on 73rd Avenue to be shared by all three of those properties. She stated they are now looking at two, possibly �hree. Ms. Dacy stated the loop-back was not part of the Northco Business Plat and was owned separately by the Soo Line Railroad. Councilwoman Jorgenson stated in discussions with the neighbors, �.he Council assured them there would only be one curb cut to insure the residents' access to their properties. Ms. Dacy stated when the development application is received, the City could evaluate whether an access would be appropriate. Councilman Billings stated Councilwoman Jorgenson has raised a very valid point. He stated he would like to table this item to the next meetinq and request staff to review the stipulations that were on the original Northco plat and £orward them to the Council so that any that are appropriate can be applied on this plat as well. MOTION by Councilman Billings to table this item. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. ' Mr. Carlson, Executive Vice President for Northco, stated the issue whether the plat would be approved does not seem to relate to the driveway. He stated the one driveway in their plat that is 061 FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 26, 1990 PAGE 15 � permitted has already been established. He stated if this item is tabled, it would delay construction of the project. Mr. Carlson stated this issue does not relate to the separate development in which they are involved. He stated it is not a full access driveway. Councilman Billings stated he is concerned with the fact that throughout the discussion on the replatting of this particular lot of the Northco development, he has not seen the stipulations on the entire Northco development. He stated he wanted to make sure that the original stipulations that pertain are made part of the stipulations of this plat. Ms. Dacy stated when they evaluated the plat, they did go through the development agreement. She stated the development aqreement has been assigned to the Robert Larsen Partnership and the responsibilities assigned to the new property owners. She stated the development agreement requires that subsequent purchasers have to abide by the stipulations. Councilwoman Jorgenson asked if there was a time constraint for beginning construction. Mr. Doran, representing Robert Larsen Partnership, stated he needed � to start construction shortly. Councilwoman Jorgenson stated the Council will be meeting on March 7 and asked if the item could be brought to the Council at that time. Mr. Doran stated he felt from research of the development agreement, it states there is only to be one curb cut from those two lots on 73rd Avenue. He stated they have complied with this requirement. He stated in the course of the land sale, there is an easement provision that provides for common access and use for that curb cut, as well as to the curb cut on the south. He stated he would propose, in lieu of coming back to the Council, to allow staff to review this matter to make sure the plat conforms to the development agreement. Councilwoman Jorgenson stated she is only looking at one curb cut on 73rd Avenue whether it be with the Northco property or Soo Line property. Mr. Robertson stated the loop-back was not part of that plat. Councilwoman Jorgenson stated with the short stacking space, the timing of the stoplight, and the close access to the adjacent residential area, she felt there would be a major problem going � east and west. She stated she is concerned about two driveways that close to the intersection. FRIDLEY CITY COUNCIL MEETING OF FESRUARY 26. 199D PAGE 16 ' Mr. Robertson stated as he understands, there is a difference in the congestion when you have a right in and right out and a full movement driveway. Mr. Winson, Assistant Public Works Director, stated that is generally true and with improvements on 73rd Avenue, there probably will be additional median work. Mr. Doran stated as part of the Planning Commission's recommendation for approval, there was a stipulation for a joint driveway easement. Mr. Carlson stated he would have no objection if the Council reaffirms that there would be only one driveway. He stated there is no change whatsoever in the manner Larsen Partners are developing this parcel from the way it was oriqinally presented to the Council. He stated there would be only one driveway access between the frontage road and the Carter Day entrance. Mr. Carlson stated it is contained in the development agreement and he did not believe it could be changed without coming before the Council. MOTION by Councilman Billings to reconsider this item and remove it £rom the table. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried ' unanimously. MOTION by Councilman Billings to adopt Resolution No. 18-1990 with the £ollowing stipulations, attached as Exhibit A: (1) Storm water calculations shall be submitted prior to issuance of a building permit; (2) Joint driveway easements shall be filed against both parcels prior to issuance of a building permit; (3j A separate ponding easement(s) shall be dedicated by separate document prior to the issuance of a building permit; (4} The landscaping plan shall be revised to include additional screening at the southwest corner of the site. The revised site plan shall be reviewed and approved by staff prior to issuance of a building permit; and (5) Payment of park dedication fees prior to issuance of a building permit. Seconded by Councilwoman Jorgenson. MOTION by Councilman Billings to amend the stipulations by adding Stipulation No. 6 to read as follows: "Any driveway access to 73rd Avenue shall be a joint driveway between Lot 2, Block 1 of the 2nd Addition and Lot 1, Block 1, o£ the Northco Business Park plat. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. UPON A VOICE VOTE TAKEN ON THE MAIN MOTION, all voted aye, and Mayor Nee declared the motion carried unanimously. ' �6`' ' � � FRIDLEY CITY COUNCIL MEETING OF FESRUARY 26. 1990 PAGE 17 11. RESOLUTION NO. 19-1990 ORDERING THE IMPROVEMENT. APPROVAL OF PLANS AND ORDERING ADVERTISEMENT FOR BIDS: STREET IMPROVEMENT PROJECT NO. ST. 1990 - 1(OVERLAYI: Mr. Winson, Assistant Public Works Director, stated this resolution orders the improvement, approval of plans, and authorizes advertisement for bids for this overlay project to include placement of the final asphalt on several City streets. He stated funds are available in the City's Street Maintenance Account. MOTION by Councilman Schneider to adopt Resolution No. 19-1990. Seconded by Councilwoman Sorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 12. RESOLUTION NO. 20-1990 ORDERING IMPROVEMENT, APPROVAL OF PLANS AND ORDERING ADVERTISEMENT FOR BIDS: STREET IMPROVEMENT PROJECT N0. ST. 1990 - 10 (SEALCOATI: Mr. Winson, Assistant Public Works Director, stated this resolution orders the improvement, approval of plans, and authorizes advertisement for bids for the City's sealcoat project. He stated funds are available in the City's 1990 Street Capital Improvement Fund. MOTION by Councilman Fitzpatrick to adopt Resolution No. 20-1990. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 13. RESOLUTION NO. 21-1990 ORDERING ADVERTISEMENT FOR BIDS: REMOVAL AND REPLACEMENT OF MISCELLANEOUS CONCRETE CURB. GUTTER AND SIDEWALK - 1990: Mr. Winson, Assistant Public Works Director, stated this resolution orders the improvement, approval of plans, and advertisement for bids for miscellaneous concrete curb, gutter, and sidewalk repair for 1990. MOTION by Councilman Schneider to adopt Resolution No. 21-1990. Seoonded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 14. RESOLUTION NO. 22-1990 ORDEF2ING IMPROVEMENT AND ADVERTISEMENT FOR BIDS FOR THE REPAIR AND MAINTENANCE OF PHASE II OF THE 3 MG CONCRETE RESERVOIR REPAIR PROJECT NO. 200: MoTION by Councilwoman Jorgenson to adopt Resolution No. 22-1990. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. O(�3 ' FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 26. 1990 PAGE 18 15. RESOLUTION NO. 23-1990 TO ADVERTISE FOR BIDS FOR ONE (1) 1250 GPM PUMPER/AERIAL TOWER: Mr. Larson, Deputy Fire Chief, stated this pumper will replace a 1964 pumper that cannot be refurbished or brought into compliance with current OSHA requirements. He stated the OSHA requirements do not permit firefighters to ride on the outside of the apparatus. Mr. Larson stated the purchase of this unit is in keeping with the Department's equipment planning that provides a reasonable time span between purchases of major pieces of apparatus. MOTION by Councilman Schneider to adop� Resolution No. 23-1990. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 16. YEAR END ADJUSTMENT, GRANT N0. 8025: This item was deleted from the agenda. 17. CLAIMS: MOTION by Councilman Fitzpatrick to authorize payment o£ Claims No. 30762 through 30946. Seconded by Councilman Schneider. Upon a ' voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 18. LICENSES: MOTION by Councilwoman Jorgenson to approve the licenses as submitted and as on file in the License Clerk's Office. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 19. ESTIMATES: MOTION by Councilman Schneider to approve the estimates as submitted: JMG Contracting 5141 Abbott Avenue 5outh Minneapolis, MN 55410 Phase I- 3 MG Concrete Repair Project No. (Contractor) AMENDED FINAL ESTIMATE . ' Reservoir 192 . . . . . . . . . . $ 1, D00. 00 ��� � � � FRIDLEY CITY COUNCIL MEETING QF FEBRUARY 26. 1990 PAGE 14 AEC Engineers & Designers 511 - llth Avenue South Minneapolis, MN 55415 Phase I- 3 MG Concrete Reservoir Repair Project No. 192 (Inspection Services) Partial Estimate . . . . . . . . HNTB 6700 France Suite 260 Minneapolis, Avenue South MN 55435 Design of 1.5 MG Elevated Reservoir at Locke Park, Project No. 196 Partial Estimate . . . . . . . . . Twin City Testing 662 Cromwell Avenue 5t. Paul, MN 55114 .$ 55.00 . $15,600.00 Soil Borings for the 1.5 MG Elevated Reservoir at Locke Park, Project No. 196 Estimate No. 1 . . . . . . . . . . . . . . . $ 4,684.23 Seconded by Councilwoman Jorqenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. ADJOURNMENT: MOTION by Councilman Schneider to adjourn the meeting. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the Regular Meeting of the Fridley City Council of February 26, 1990 adjourned at 9:31 p.m. Respectfully submitted, �,�� / r///J � � r`� �titi-'� �"-""`'�7L._ U'� �1liLf�'�EF'kv'--� �_�- "- Carole Haddad William J. Ne Secretary to the City Council Mayor Approved: ��J