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12/14/1981 - 000130443�c� THE MINUTES OF THE PUBLIC HEARIPJ'G MEETIf;G OF THE FRIDLEY CITY COL'NCIL OF f1ECEMBER 14, 1961 The Public Hearing Meeting of the Fridley City Council was called to order at 7.38 p. m. by liayor PJee. PLEDGE OF ALLEGIANCE• Mayor Nee led the Ceuncil and the audience in the Pledge of Alleg�ance to the Flag. � ROLL CALL. MEPI6ERS PRESENT: Councilman Fi�zpatrick, Councilv,oman Moses-P1art�n, Mayor Nee, Councilman Schneider and Counc�lrnan Garnette MEMBERS ABSENT fJone ADOPTIQfJ OF AGEhdC�A: Mayor fJee requested the fol]owing items be added to the agenda (1) Con- sideration of a Resolution for the Final Approval of an Industrial Revenue Bond Issuc o�i Bef:alf of Webb Publishing, (2) Consideration cf a Resolution to the Metropolitan Council Concerning Water Management, (3) Considerat�cn of Approval of a License to Menard's for a Chr�stmas Tree Sales Lot, (4) Consideration oF P,pproval of an On-Sale [3eer License for Big B's Pizza. p10TI0f� Ly Counctlman Fitzpatrick to adopL the agenda ���th the aLcve additions. Secvncied by Councilman Schne7der. Upon a vo�ce vote, all vot�ng aye, P^ayor Nee declared the mot�on carried unan�mously. OPEN FORllM. VISITORS: Mr. Lynn Boergerhoff, Chatrman of the International Year of D;sabied Persons in Fr�dley, presented an award to the C�ty from the United States Counc�i in Washington, �. C. for the City's support of this proc�ram. � Mayor iJee, on behalf of the Ctty, tYianl.ed Mr. Doergerhoff for the presentat�on of this award and stated he assumed Mary 'uan Dan had a lot to do with �hc City's response co Lhis program. PUBLIC HEARINGS: k�� pUBLIC HEARING OI'J ISSUANCE OF OI�-SALE BEER LICENSE TO PIZZA TOSJN (E.� �., IfC MOTION by Counciiman Fitzpatrick to waive the reading of the putl�c hear�ng notice and open Lhe public hear�ng. Secondzd by Councilman Schne,der l'po,i a voice vote, all vottng aye, Mayor flee declared the motion carried uriarimously and the publ�c hearing opened at 7:42 p. m. P1r. Inman, C�ty Clerk, stated this is a requ�st for an on-sal� beer l;cense for Pizza lown located at 7�91 East River P,oad I-le stated the Police �epartment has coriducted a bac4�ground investigation and recommends approval, and the City staff also revietved their busiriess in the Cit� and recommends approva� of the license. Mr. Ed Bicha, one of i,he owners, stated they ai°e seeking this beer I�cer�se because a mo,7or-ii.y of their corapetitors have such a license and their cust- omers have requested it He stated he felt this iicense wou�d be an asset to their business. � No other persons in the audience spoke regarding the issuance of this beer 1 i cense. � ��� � PU6LIC HEARING MEETING OF DECE6IBER 14, 1981 PAGE 2 P90TION 6y Counc�lman Fitzpatrick to close the public hearing. Seconded by Councilman Barnette. Upon a voice vote, all voting aye, Mayor Nee tleclared the mot�on carried unanimously and the publ�c hearing c7osed at 7:45 p. m. PUBLIC HEARIfJG ON ISSUAPJCE OF ON-SALE BEER LICENSE TD BIG B'S PIZZA• MOTION by Councilwoman M�OSes-Martin to waive the reading of the public hearing notice and open the publtc hearing. Seco�nded by Councilman Schneider Upon a voice vote, all voting aye, Mayor Nee declared the motion carried una m mously and the publ�c hear�ng opened at 7.45 p. m. Mr. Inman, City Clerk, stated this is a request for an on-sale beer license for B�g B's Pizza located at 317 Osborne Road. He stated the public heartng is required because of new ownersh�p. Mr. Inman stated the Police Department has conducted a background irvesti- gat�on and recommends approval, and the City staff would also recommend approval. The Vice-President of Finance for Big B's Pizza was present to answer any quest�ons. No persons in the audience spoke regarding the issuance of this beer license. MOTION by Counc�lwoman P1oses-Martin to close the pu6lic hearing. Seconded by Councilmar� Fitzpatrick. Upon a voice vote, all voting aye, Mayor PJee declared the motion carried unanimously and the public hearing closed at 7:46 p. m_ PUBLIC HEARING ON PROPOSED PROJECT FOR ISSUANCE OF �3,590,000, INDUSTRIAL ru MOTIOP� by Councilwoman Moses-P1art�n 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 carrted unanimously and the pu6lic hearing opened at 7.47 p. m. Mr. Quresh�, City Manager, stated, in the last few months, the City staff has been working with Columbia Park Clim c for location in the Center City area. Mr. Qureshi stated they were considering two sites in the City, however, they have now chosen to locate in the Center City area and will construct a 23,000 square foot medical building with the potential of doubling their space in the next few years. Mayor i�ee asked if the issue for industria7 revenue bonds is limited to this locat�on, and Mr. Qureshi stated the proposal before the Council is limited to th�s particular location, as staff has indicated the other location would nacessitate additior�al public hearings and review by different bodies. He stated the other location they wereconstderinc( was a site rear Unity Hospital. Mr. T�iii Signorelli, Execut�ve Director for the Columbta Park Medical Group, presented some background �nformation on their clin�c from its origin in 1959 to the present t�me. He stated the original clinic was the Colum6ia Park Medical Clim c located in Columbia Heights and they now have a medical center in 6rooklyn Park. Mr. Signorelli stated, as they look to the future, they are trying to serve the needs of patients �n the Fridley area and wanted a facility to house specialists, as well as family practitioners. He stated they wished to beg�n construction as soon as possible on the medical building and anticipated, when it is fully occupied, will house 20 physicians and create approximately SO to 100 new ,7obs. , 1 � � �I �1� PUBLIC HEARING MEETING OF DECEMBER 14, 1981 PAfE 3 Councilman Schneider felt this clinic would be a great advantage to persons in the Village Green Apartments. Mr. Quresh� stated, for the first stage, the Flousing and Redevelopment Authority would have to acquire three parcels of property directly south of the City Hall. Ne fur�her stated, if the off�ce buildzng is constriacted, it wtll requ�re taki��g the rest of the property to the tiaest. Mr. Qureshi stated they have negotiated with the property owner-, located on the correr l,ot, to acquire his home and he seems to be a willrn� seller. Mayor Nee asked if there were three buildings involved. Mr. Qureshi stated their plan is to 6u�ld the 28,000 square foot medical clinic, with an option to be able to doubl2 it in three to five years. He stated the other off�ce butldtnG is a pessibtlity, as they have indicattons that, if the medical cl�m c is construc*ed, there may be an interest for construction of the office buildtng. D"r. Andy Merry, Vice-President of Juran and Moody, Inr., stated they are the f�nancial adv�sors for this pro�ect and, 6ased on the financ�al data and operatina statements they have reviewed, they feel it is economical1y feas�ble and a viable pro,7ect. He stated there is a letter on file with the City to this effect. Mr. Merry stated, at this ttme, they would be looking at a publ�c offering for the �,onds, as the private placement of bonds is very much restricted. Counc�lwoman Moses-h1artin asked if they would be look�ng at a 15 year bond for this pro7ect. Mr. Merry stated he felt a happy medium would be 20 years. Mayor Nee asked �f this pro,7ect was consistent wtth the econonic plai� for the Center City. Mr Boardman stated the Housing Authornty has reviewed the proposal and, hopefully, theu will be able to sign some decuments in January with Columbiu Park Climc. Counc�lman Schneider asked Mr. Boardman if he felt a pro�ect of this nature would be of benefit to the Center City pro�ect. Mr. Boardman stated if the clim c is construcied, others have indicated an interest to build che office structure. Mayor fJee stated it seems to be a very appropriate use of the �ndus�rial revenue bond tool. Mr. Quresh� stated staff is happy Columbia Park Clinic is making a decision to locate in the Center City area and thts may� be a good start on the whole redevelopment area. Councilman Schneider felt it was an excellent proposal and of benefit to the area by creatin9 business and ,7obs and tn getting the development going in the Center City area. Councilman Barnette asked if tenants of the building south of the auto center have 6een notified. Mr. Boardman stated they were not not�fied. Mr. Qureshi stated, basically, what Council is consider�ng at th�s ±ime is the industrial revenue bond �ssue. He stated there is a different process � the Housing and Redevelopment Authority goes through that provides a iry�ho�e review of the agreer�ent betiveen Columbia Parh. Clinic and the H. R A. Mr. Qureshi statied one of the reasons zhe east propert�es were chosen �s that tt involves less properties. He stated any expans�on plars, which would involve property to the west, are at least three months away so there will be ample t�me for these property o�vners to voice their coraments. No persons in the audience spoke regarding th�s proposal for the issuance of industrial revenue bonds. 31� PU6LIC HEARING MEETING OF DECEMBER 14, 1981 PFlGE 4 MOTION by Councilwoman Moses-Martin to close the public hearing. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carr�ed unanimously and the public hearing closed at 8 05 p. m. Councilman Schneider called attention to the second page of the application to the State of Minnesota and indicated the dates should be changed from 1981 to 1982. �,' PUf3LIC HEARING ON REZONING REQUEST, ZOA #81-05 TO RE MOTION by Councilwoman Moses-Martin to waive the reading of the publio hearing notice and open the publ�c hearing. Seconded by Councilman Schneider. Upon a voice vote, all vot�ng aye, Playor Nee declared the motion carried unanimously and the public hearing opened at 8;08 p, m. Mr Flora, Public Works Director, stated the parcel in question is located west of Un�versity Avenue and north of 83rd Avenue. Mr. Flora stated rezoning �s requested from M-2 to R-3 to allow construction of a 360 unit apartment complex and the pro,7ect is submitted as part of the tax �ncrement district. Mr. Flora stated Mr Harr�s has ind�cated that 60% of the un�ts would be two bedrooms, 30; would be one bedrooms, and 10% would be three bedrooms. Mr Flora stated the areas in this parcel that aren't suitable for construc- t�on wtll be used for pond�ng and parking and the actual dwell�ng units will be built on the better soil Mr Flora stated the Planning Commiss�on has recommended approval of this rezonmg request with three stipulations: (1) that a 33 foot easement be provided on the north property line, (2) that the rezoning be contingent upon issuance of tu�!ding permits, and (3) that on-site recreation be provided for tne tenants. Mr. Flora stated staff felt it might be appropr�ate to obtain a 15 foot bikeway/walkway easement along the west boundary of this parcel. Mr. Harris stated he has submitted plans, since the Planning Commission meeting, to show that the west boundary is being vacated with the retention of a 15 foot bikeway/walkway easement, plans for on-site recreation Facilit�es,�nd the dedicat�on of the 33 foot easement. Mr. Flora stated this rezon�ng is consistent with the Comprehens�ve Plan, as the plan shows the probability of rezoning this area for multiple developinent. Mr. Ed Fiamernik, 67�40 Monroe Street, ask�d the condition of the terrain on the boundary of the Spring6rook Nature Center. Mr. Flora stated it is generally marshy and has very poor soil conditions, and there is a ditch or creek runntng across the property between 83rd and 85th. Mr. Hamerm k asked Mr. Flora if he felt a 15 foot easement is adequate for fire protect�on and access Mr. Flora stated the p7an calls for an internal road system coming off F33rd Avenue to service the apartment complex and provide access into the resident�al area and also a buffer of p�rking and garages between the nature center and the development, which provides a substantial setback between the dwelling units. He felt �.his gives them adequate protection for fire control. � LJ � � �_�, � PUBLIC HEARING MEETING OF DECEMBER 14, 1981 PAGE 5 Mr. Burt Weaver, 928 R�ce Creek Terrace, asked how wide the breaks were between the garages, and if a fire truck could get through. Mr. Flora stated he believed they could because the breaks are substantially bigger than the parking stal7. Mr. Weaver stated he was concerned about a fire at the Sprtngbrook Nature Center and spreadtng to the apartment complex. Mr. Flora stated in that case, they would be talking about a ground fire, and the Fire Department normally uses a smaller truck. Mr. Hamernik stated his primary concern is vacating the easement, and going to a lesser easement, and was wondering if they have all areas covered Councilman Schneider asked if the Fire �epartment has reviewed the plans. Mr. Flora stated they don't have any final plans at this t�me, but they dtd review the prel�minary plans and had no concern Mayor Nee felt the question on the p]an is not before the Counc�l this even�ng, but the question if the land should be used for mult�ple units. Mr. Mark Dewey questioned how this rezoning would effect the other properties in the area facing University Avenue. Mr. Qureshi stated, at this time, there is no desire to change any other zoning, and asked Mr. Dewey if he was requesting a change in zon�ng. Mr. Dewey indicated he was not, but wondered the effect of th�s rezom ng on their property. It was Yiis concern if there was an apartment complex ad�acent to their property, if they could use their parcel for heavy commerctal. Mr. Qureshi stated it is shown zoned as heavy commercial and probably whatever development comes, it would not be a problem. Councilman �arnette asked Mr. Dewey if the so�l on their property is poor. Mr. �ewey stated one portion to the north is poor, but the portion to the south is good as far as he could recall. Mayor Nee stated to Mr. �ewey, if he wasn't aware of it, the C'ity is prepared, rn some cases, to assist with soil correction in that area if he had a particular proposal tn mind. fJo other persons in the audience spoke regard�ng this proposed rezonrng request. MOTION by Councilman Barnette to close the public hearing. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the public hearing closed at <:27 p. m. NEW BUSINESS. RECEIVING CABLE TELEVISION COMMISSION MIfJUTES OF DECEMBER 3, 1981 MOTION by Councilman Schneider to receive the minutes of the Cable Television Commission Meeting of �ecember 3, 1981 Seconded by Council- vdoman Plbses-Martin. Upon a volce vote, all voting aye, Mayor Nee declared the motion carried unanimously. Mr. Qureshi, City Manager, stated the Cable Telev�sion Commission would ltke some input from the Counctl regard�ny the term of the franchise. He stated staff has subm�tted to the Counctl some pros and cons of going with a five year or a fifteen year franchise. �1�� ��� PUBLIC HEARIfJG MEETING OF �ECEMBER 14, 1981 PAGE 6 Mr. Burt Weaver, Chairman of the Cable Television Commission, stated at the December 3 meeting of the Commission, Terry 0'Connel presented them with the proposals that Northern Cablevision had for the d�rection they should go on the refranchising. Mr. Weaver stated they had checked on the possibil�ty of extending the existing franchise, but, as best as they can determine, that is not a poss�bility and the City will have to refranchise in approximately one year. He stated the �ssue gets down to the duration of the franch�se and Northern Cab7evision would like the longest possible franch�se. He � stated from the Commission's standpo�nt, they would l�ke a shorter term on the franchise so they can stay abreast of this exploding technology. Mr. Weaver stated, when the Commission heard Northern's proposal, it was felt the way to go with this franchise would be to have a few changes as possible on the exist�ng ordinance and go with the five year franchise. Mr. Weaver stated, from a technical standpoint, it comes down to the question of whether the 440 megahertz is viable. He stated the Roseville Ten and Northwest franchise will both go with ihe 400 megahertz, and s�nce this has not been run extensively, he felt the City should wait for their results of the system. Mr Weaver stated if the City were to go with the 440 megahertz system, Northern would hold out for a 15 year franchise. He felt if the City gets stuck wrth something that �s not as vtable as they expected, they could be in deep trouble. Councilman Schneider asked tf the present system can be made to operate well and provide htgh quality for ftve more years. Mr Weaver stated, along with any refranchising, there w�ll be a limited amount of rebuilding. He stated the present system will be upgraded slightly to 300 megaherLZ so they can add some new channels to the , extsting channels. �7r. Weaver felt the system can be made to provide quality servtce for the next five years. Pir Terry 0'Conne7l, representing Northern Cab7evision, stated what they should probably do is remove all the dynofoam cable and replace �t w�th new ceble, as it gave them ma�or problems in the past. He stated tYiey would have to change some of the electronics and improve the amplif�ers, and felt this would rectify the problems by upgrading the system, and they would get their money back in the five year extension of the original ordinance. Mr Weaver stated there are several things the Commission would like to do and one would be to restructure the ordinance. He stated they would recommend the actual contractual language be removed fromthe ordinance and have this language in a seperate contract document. P7r. Weaver stated the Commission really isn't firm on this, but there has been discussion about requiring certain facilities from Northern to fac�litate pubTic access. Mr. lJeaver stated, at this time, the Commission is look�ng for direction from the Council on their preference for a vice year extension versus a , 15 year franchise. b1r. 0'Connell felt a five year period was very good for them to work ti�» th and they would be willing to sit down in three years to see what type of system the City would want at the end of the five year period. �� � � � � � _� � � PUBLIC HEARING MEETING OF DECEMBER 14, 1981 PAGE 7 Mr. Quresh�, City Manager, stated the whole area of cable television is changtng and moving so fast and there are so many things on the horizon, but no one has really tested them to see how they work He felt, with the five year period, it would g�ve the City time to sort out what is workable and have results from the Rosev�lle Ten and fdorthwest Systems. It was the concensus of the Coum cl that they would prefer a five year period for the refranchis�ng. Y AN Mr. Flora, Public Works �irector, stated this is a request for a variance to reduce the setback for a driveway from the right-of-way line from the reuqtred 20 feet to a zero lot line to make a common dr�veway on Lot 1, Block 3, Commerce Park, at 730D and 7320 University Avenue. Mr. Flora stated the Appeals Comnnssion has considered this variance request and has recommended approval, with the stipulation that the property owenr work with the Plamm �g �epartment on landscap�ng this parcel. Mr. Flora stated, at the present time, the cars coming through the gas stat�on have a hard ttme turning around and the owner of the gas station will be assum�ng the cost of the driveway. A sketch was presented on what would be done regarding the landscaping. MOTION by Counc�lwoman Moses-Marttn to concur w�th the recommendation of the Appeals Commission and grant the var�ance to reduce the setback for a driveway from the right-of-way l�ne from the required 20 feet to 0 feet to make a common dr�veway of Lot l, Block 3, Commerce Park, at 7300 and 7320 Un�versity Avenue, w�th the st�pu7at�on that all C�ty � codes are met, the owners work with the City staff to come up with an acceptable landscap�ng plan; and that the agreeinent between the property owners regard�ng this variance be filed on both property titles with Anoka County. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor fJee declared the motion carried una m mously �� RESOLUTION N0. 137-1981 APPROVING PLANS FOR THE IMPROVEMENT OF Mr. Flora, Public Works �irector, stated the City wtll be required to parttcipate for 12% of the cost of the signal at this intersection. He stated it is also understood that if Great River Road funds are not avallable, the Caunty would re-evaluate the pro�ect at that time. Mr. Flora stated this resolution is not comm�tting any doilar amounts, but aqreeing to the concept of the improvement of this intersection. Councilman Fizzpatrick stated this is a very 6ad �ntersection now and from what he can tell, almost anything would be an tmprovement. He stated the intersection is fairly heavily used and time was spent to get the ma,7or bridge across the tracks, and felt the pro,7ect isn't completed until they get the improvement done. MOTION by Counci7man Fitzpatrick to adopt Resolution No. 137-1981. Seconded by Counc�lwoman Moses-Martin. Upon a voice vote, all vot�ng � aye, Mayor Nee declared the motion carried unanimously. !. u � � �';: PUBLIC HEARING OF DECEMBER 14, 1981 PAGE 10 � µ��� CONSI�ERATION OF APPROVAL OF AfJ ON-SALE BEER LICENSE FDR BIG B'S PIZZA. � � � � MOTION by Counc�lman Schneider to approve the on-sa7e beer license for Q�g B's Pizza. Seconded by Councilwoman Moses-Martin. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. CLAIMS: MOTION by Councilman Schnetder to authorize payment of Claims No. 328G2a through 345U13. Seconded by Councilwoman hloses-htart�n. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimausly. ESTIMATES. MOTION by Councilman Fitzpatrick to approve the estimates as su6mitted. Smith, �uster, Feikema, Malmon & Haskvitz 1250 Binlders Exchange �SUilding Minneapol�s, hiN 55402 For legal services rendered as City Prosecutor for the month of Navember 1981 H & S Asphalt Company 7C0 Industry Avenue N.W. Anoka, MN 55303 Work on Totino's cetention pond Crosstngs, Inc. P.O. Box 10 Prior Lake, MN 55372 Partial Est. ,�`r3 - storm sewer diversions Moore �ake Restoration Pro,7ect No. 132 E. A. Hickok & Associates, Inc. 545 Ind�an P1ound Wayzata, Mn 55391 Professional Services - fdovember 1981 h1oore Lake Restorat�on Pro,7ect No. 132 Borine Excavating, Inc. 12E36 h1ain Street Rogers, PiN 55374 FINAL Est. �2 - Sewer & Water Pro,7ect #134 $ 3,636.75 $ 3,431.50 $1E,059JE � 2,803JS $ 315.98 Seconded by Councilman Schneider. Upon a voice vote, all voting aye, hlayor fdee dec7ared the motion carried unanimously. ��`� RESOLUTION N0. 149-19E1 AP�ENDING fJORTH AREA TAX INCREMENT PLAPl: Mr. Boardman, City Planner, stated the North Area Tax Increment �istrict was submitted to Anoka County for certificat�on and the City received a letter on the problems they had w�th the ciistrict. � � ' �c�3 -p� � �.1 � � �J PUBLIC HEARTNG MEETING OF �ECEMBER 14, 1981 PAGE 11 Mr. Boardman stated the County reGuested clarificat�on of the statement of o6�ectives. He stated in the plan itself the Housing Authority recommended the util�zation of clause (b) as an option for the tax increment district, but this wasn't spelled out in the Counc�l's res- olution and the County wanted clarificatton, He stated it should be clar�fied the City will accept clause (b) as mentioned in the plan MOTION by Counci7man Schnetder to adopt Resolution No. 1a9-1�H1. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Nayor Nee declared the motion carried unanimously. Uiv N0. 15 Councilman Schneider stated the h'etropol�tan Agenc�es Committee for the Metropolitan Nluntcipalities revtewed the issue of water management. He stated it appears there will be bills irtroduced at the reaular session of the Legislature vnth respect to watershed districts and ihe P1etropolii.an Municipalities took aposition that there were opposed to certa�n aspects of the btlls. Councilman Schneider stated, in several of the proposals, there is a concept for an ad valorem tax for watershed management and many suEur�an communities are opposed to this, as they already assessed re�tdents to cover storm sewer runoff. Councilman Schne�der stated this resolution before the Council is, basically, in support of the position of the Metropol�tan P1um cipalities. MOTION by Councilmar� Schneider to adopt Resolution PJo. 150-1981. Seconded by Councilman Fttzpatr�ck. Councilman Fitzpatrick stated one of the problenis in Fridley is on the lower end of Rice Creek and Locke Lake. Councilman Schneider stated the hletropolitan Counc�l stated there wasn't any problems with Locke Lake. Councilman Fitzpatrick questioned at what point the Council would have some input on that specific sub,7ect. hir. Qureshi, City Manager, stated the Public l��orks D�rector will attend at least one of the raeetings to give some input on i�he problem. Councilman Schneider stated the thrust of the comments from the Metropol�tan Muntcipalities was that the present system would work better if cities were to get more input and response from the watershed districts, but not to create new levels of government. F1�'r. Herrick, Ctty Attorney, felt if there ts going to be a ma�or effort to get a hand on surface water runoff, there should be some mechan�cs set up so that communities on the upper end of +he �+�atershed can be required to ,7oin in ta solve the problem. He stated,hr�cver, it may take some leg- islation they don't currently have, particulariy, �f those communities are not in a watershed district. �PON A VOICE VOTE TAKEN QfJ THE ABOVE MOTION, all voted aye, and Mayor fdee declared the motion carried unanimously. Mr. Harris stated on his request for rezoning firom M-2 to R-3 at 83rd and Main Street, they are currently working with their financial advisors, but believed they would need something from the Counc�l �ndicat�ng the R-3 zoning is acceptable. � �� � ,,� f� .5k.,�F� _,� 4� li�! 'U� PUBLIC HEARING OF DECEPIBER 14, 1981 PAGE 12 Mr. Harris felt what could be done at thts meeting �s to approve the rezoning by a first readtng of the ordinance and to have the secand readrng of the rezoning ord�nance at the time the nlan is approved. Mayor Nee stated the recommendation of the Commission regarding the rezoning was contingent on issuance of the building permits, and he didn't realize Mr. Flarris had a problem. He stated the rezoning doesn't bother h�m because he fee7s it �s a 000d use of the land. Mr. Qureshi, City Manager, stated rorma7ly the Council acts on the first � read�ng of the rezoning ordinance the meeting after the public hear�ng, however, �f the Council felt comfortable and desired to have the first reading this evening, they wou�d still have control on the second readrng. Ne felt the first reading of the rezoning ordinance would give an indica- tton of the Council's feelings on the rezom ng. Mr. Harr�s stated the bond people called h�m today and asked for an indicat�on on the rezoning because they are preparing figures, and he indicated to them this item was on the Council's agenda this evening, and they wanted a report tomorrow on its disposition. The Counc�l indicated they had no ob�ection to the ftrst read�ng of the ordinance for the rezoning. MOTIOfJ by Councilman Schneider to waive the reading and approve the ordinance upon first reading, with the stipulation that a 33 foot ease- ment be provided on the north property line, that on-site recreation be provided for the tenants; that a 15 foot bikeway/wa7kway easement he obta�ned along the west boundary of this parcel, and to el�minate the sttpulation of the Planntng Commission that rezoning be contingent upon issuance of bu�lding permits. Further the second reading of the orclinance w�ll be withheld until such time that plans are reviewed by the City. Seconded by Councilman 6arne'te. Lpon a voice vote, all vat�ng aye, Mayor Nee declared the motion carried unanimously � ADJOURfJP1ENT: MOTiON by Councilman Barnette to ad�ourn the meeting. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Pdee declared the motion carried unan�mously and the Publ�c Hearing Meeting of the Fridley City Council of December 14, 1981 ad,7ourned at 9�48 p. m. Resp�ctfully submitted, ` � `�;(� 7 ,( ,C,��-- ���'.�-�� �,,.�,���� y `,-„ S`-- Carole Haddad William J. f�ee Secy. �o the C�ty Council Mayor Approved January 4, 1982 �