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02/11/1991 - 00005859� � � u�3 THE MINUTES OF THE RSGQLAR MEBTING OF THE FRIDLSY CITY COIINCIL OF FESRUARY 11. 1991 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 Councilman Billings MEMBERS AB5ENT: None PRESENTATION OF PROCLAMATION - FERN MOE. PIONEER HISTORIAN WEEK: Mayor Nee read and issued a proclamation proclaiming February il through 17, 1991 as Pioneer Historian Week in the City in honor of Fern Moe for her leadership in getting the Fridley Historical Society museum operable and open to the public. He stated that Fern and her husband, Mahlon, have volunteered hundreds of hours toward this endeavor and will be moving to Iowa. Ms. Moe stated that she didn't feel she deserved this recognition and knows anyone would have done the same thing under the circumstances. She stated that she will miss Fridley and is happy to say that what she wished to accomplish for the museum has been done. She stated that the museum today is in good hands and her colleagues are enthusiastic to continue. She thanked Mayor Nee and the Council for this proclamation. APPROVAL OF MINUTES: COUNCIL MEETING. JANUARY 28, 1991: MOTION by Councilman Fitzpatrick to approve the minutes as presented. Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. ADOPTIQN OF AGENDA: MOTION by Councilman Schneider to adopt th Seconded by Councilman Fitzpatrick. Upon a aye, Mayor Nee declared the motion carried e agenda as presented. voice vote, all voting unanimously. 0�� FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 11. 1991 PAGE 2 � OPEN FORUM. VISITORS: There was no response from the audience under this item of business. PRESENTATION BY MICHAEL ERLICHMANN. CHAIRMAN OF THE REGIONAL TRANSIT BOARD• Mr. Erlichmann, Chairman of the Regional Transit Board, stated that he is attempting to get out and visit City Councils in an effort to try and improve communiaations with their Board. He stated that the Regional Transit Board is responsible for the planning, policy making, administration, and financing of transit services for the entire metropolitan area. Mr. Erlichmann stated that the challenge facing public transportation has changed in regard to the role the Transit Board will play in the future. He stated that the problems are congestion and pollution, as over the next ten years the amount of traffic will double from what it is today. He stated that if geople took advantage of the transit systems that exist today, there would no longer be worry about the environment, and the country would be free from dependence on foreign oil. � Mr. Erlichmann stated that there needs to be a concentration on suburban transportation and participation by local officials. He stated that a partnership needs to be developed to work with the community regarding their special needs and to plan for their transit future. He stated that he wished to extend the invitation for the City to participate where ever they feel they can and to call on the Regional Transit Board. Mr. Erlichmann stated that at this time, there is a financial crisis as their agency took one of the largest cuts among State agencies. He stated that over the last several weeks they have been involved in budget cuts and programs. He stated that the qoals the Regional Transit Board has set are achievable, but needs financial support. He stated that their recommendation to the Legislature would be to increase their general fund allocation or expand their levy limit. Mr. Erlichmann stated that the Board is committed to the idea that light rail transit is an important alternative. He submitted an information guide to the Council regarding light rail transit. He stated that a final plan has been sent to the Legislature this past month, but whether or not any action is taken remains to be seen. Mr. Rusch, 561 - 63rd Avenue, stated that he was opposed to light rail transit and asked if the lifts in the new buses were working. � Mr. Erlichmann stated that all of the new buses purahased by the MTC will be equipped with lifts, and they are beginning to deploy - � �_r i1 FRIDLEY CITY COUNCIL MEETIN(i OF FEBRIIARY 11. 1991 PAC3E 3 � the first one hundred new buses with these lifts. He stated that the new lifts are working and show reliability, however, in the past the lifts had a lot of problems. Mr. Rusch asked how the Anoka County Traveler system is working and how it is subsidized. Mr. Erlichmann stated that the Anoka County Traveler is a new program subject to a demonstration period which has not expired so they have not enforced their performance standards. He stated that an opportunity needs to be afforded for that service to build a consumer base. He stated that all public transit is subsidized to some extent; however, he was not sure if the pay back from the fare box was ten or fifteen percent. A lady in the audience stated that if you have to drive to a light rail transit site, she didn't know how this would help save the environment. Mr. Erlichmann stated that at each station there will be a feeder bus system that will serve not only to get people to a light rail station but between communities. He stated that there would be a bus system closer to her home for transportation to the light rail transit. � Councilwoman Jorgenson stated that most of the buses in the State use petroleum fuel and asked if they are looking at electrically run buses. Mr. Erlichmann stated that they are not looking at electrically run buses. Due to the cost and overhead lines, most communities react neqatively to this approach. He stated that, however, they are ready to place five buses on lines that use different alternative fuels to evaluate their performance. He stated it is hoped that this will answer the question whether there should be a move from a petroleum base fuel to another option. He stated it is hoped that they would have an answer within two years and felt the examination of alternative fuels is important. Mayor Nee thanked Mr. Erlichmann for his presentation. PUBLIC HEARINGS• 1. PUBLIC HEARING ON AN ORDINANCE ESTABLISHING A NEW CHAPTER OF THE CITY CODE OF TI-IE CITY OF FRIDLEY, CHAPTER 127, ENTITLED "SEXUALLY ORIENTED BUSINESSES": MOTION by Councilman Billings to waive the reading of the public hearing notice and open 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 opened at 8:03 p.m. r C � :%�1 FRIDLEY CITY COUNCIL MEETINCi OF FBBRUARY 11. 1991 PAGE 4 � Ms. Dacy, Community Development Director, stated that this ordinance creates Chapter 127 of the Fridley City Code. She stated that as a result of the location of the Fantasy House in the Moore Lake Shopping Center, the Council directed staff to prepare an ordinance regulating sexually oriented businesses. Ms. Dacy reviewed the ten sections of this proposed ordinance as follows: (1) the purpose and intent; (2) definitions of activities and businesses which constitute sexually oriented businesses; (3) application of the ordinance; (4) non-conforming uses; (5) locations which establish required distances from residences, churches, schools, and parks; (6) hours of operation; (7) operation; (8) signage; (9) license requirements; and (10) severability. Ms. Dacy stated that staff reviewed studies from the cities of Phoenix, St. Paul, Indianapolis, and the State Attorney General's report. They also analyzed their findings. She stated that the Planning Commission held a public hearing on this ordinance and made two minor changes and approval of the ordinance is recommended. Mr. Herrick, City Attorney, stated that this is not intended to eliminate or prevent sexually oriented businesses in the community. � He stated that the intent is to control the location of these businesses, to license them, and require that they meet certain standards. He stated that if there is a feeling in the community that any business is violating criminal laws, there are statutes under which they can be prosecuted. Mr. Herrick stated that when the Council adopted the interim ordinance, a resolution was passed. He stated that if the Council intends to consider first reading of this ordinance, he has prepared a resolution that is identical to the resolution passed for the interim ordinance, except for the title. He stated that he would request the Council adopt this resolution prior to taking action on the first reading of the ordinance. Mr. Rusch, 561 - 63rd Avenue, stated he believed that Fridley has generally been a family-oriented community. He stated that he would like the character of the community to remain as such and felt sexually explicit businesses should be more subdued. Mayor Nee stated that from evidence presented, by thinning out concentration from one spot, this tends to reduce the negative effects. Ms. Dacy stated that the proposed ordinance would regulate the location of sexually oriented businesses which involves four areas. � She stated that the largest area would be the existing industrial area west of University Avenue, east of the railroad tracks, and north of 73rd Avenue. She stated the areas would be in the �Jt FRIDLEY CITY COUNCIL MESTING �F FEBRUARY 11, 1441 PAGE 5 � southeast corner of Osborne Road and Highway 65 and at the intersection of I-694 and East River Road in the business park, and the commercial parcels on Highway 65 abutting I-694 in front of the Target store and a small parcel on the Menard's property. Ms. Darlene Rusch, 561 - 63rd Avenue, asked if at the present time there were any license requirements for businesses of this type. Ms. Dacy stated that there were not any license requirements that now exist. Ms. Rusch asked who would determine who receives a license and what kind of clauses would be included in the license. Ms. Dacy stated that the license process is very similar to the process used for a liquor license. She stated that the business owner must submit an application, which is reviewed by the Public Safety Director, and certain standards would be evaluated. She stated that all licenses would be approved by the City Council. Ms. Rusch asked if there is a fee. Ms. Dacy stated there would be a fee. Mr. Herrick stated that when he met with the Public Safety � Director, a fee of $400 was discussed. He stated that he wanted to make sure the license procedure is understood and that it is not intended to prevent these type of businesses from coming into the community, but to regulate their location and review the applicant to make sure the requirements set forth in the ordinance are met. Ms. Rusch questioned the purpose of the license. Councilwoman Jorgenson stated that the license is to regulate the businesses and to investigate the owners and gives the Council more discretion on where the business may locate in the City. Ms. Rusch questioned the constitutionality of the ordinance. Mr. Herrick stated that hundreds of trials have been conducted in this area, and he supposed every major court in the states has written numerous decisions. He stated that the City has done its best to follow other statutes in various communities, reviewed court decisions, and hoped the ordinance is drafted in such a way as to eliminate the objections that courts have found in other ordinances. Mr. Herrick stated that he would not guarantee, if challenged, that this ordinance might have some deficiencies. He stated if parts are found to be unconstitutional, the balance of the ordinance will � remain in effect. He stated that he would not be surprised if it is challenged in court and, if this is the case, his office will have to defend it. ° �5� FRIDLEY CITY COIINCIL MEETING OF FEBRUARY 11. 1991 PAGB 6 � Mr. Dave Gronbeck, attorney representing Fantasy House, stated that he didn't think the ordinance applies to Fantasy House. He stated that it is very close to the St. Paul ordinance, that they fought it out in St. Paul, and their ordinance doesn't apply to the Fantasy House. He stated that if this ordinance applies to Fantasy House, the City will be picking up a lot of stores they do not want to call adult husinesses. He stated that whether from Fantasy House or someone else, the certainty of litigation is there. He stated that this is a broad ordinance where there are certain percentages of the City where adult businesses could be located and doubted if these locations are satisfactory for the location of such a store. Mr. Gronbeck stated that if a business sells adult or non-adult products, they will have to cover the windows entirely. He thinks that is a real problem. He stated that anybody who has seen the Fantasy House windows, as displayed from the outside, would say there is no problem. He stated that to require references from residents of Anoka County was restrictive and felt it would be stricken down. He stated that if challenged, he really wondered if the benefit, whatever it may he, is worth what will probably be a rather high cost of litigation for both sides. Mr. Gronbeck stated that he comes back to the point he hears from � the audience which is support for an ordinanae aimed at the Fantasy House. He stated he hears from the City Attorney that it is to allow adult businesses to locate somewhere in the City and wondered if it does apply to Fantasy House. Councilman Billings asked Mr. Gronbeck if he would agree with the statement that if this ordinance covers the Fantasy House and businesses similar or identical to the Fantasy House, essentially, this ordinance would create a monopoly for Fantasy House for the next three years since no others would be able to come into the community. Mr. Gronbeck stated that he really has not given the matter any thought. Mr. Gronbeck stated that Fantasy House has stores in St. Paul, St. Louis Park, and Fridley and does not have any problem with competition. He stated that every item that Fantasy House sells is sold by other stores in the same community. He stated that they don't have shady characters hanging around, tend to run a decent business, and didn't see the problem. Councilwoman Jorgenson stated Mr. Gronbeck stated that all of the items sold at Fantasy House are available in the community. She stated that srie would have to disagree and that this is not the � case in Fridley. She stated that some of the products sold by Fantasy House may be available at Spencer's at Northtown, but not � � � �J� FRIDLEY CITY COUNCIL MEETINQ OF FEHROARY 11, 1991 PAGE 7 in Fridley, however, you could probably buy a dog collar or leash at Target or Menard's. Mr. Gronbeck stated his experience has been that items which are sold at Fantasv House are available elsewhere. Councilwoman Jorgenson stated that they may be available elsewhere, but not necessarily within Fridley's city boundaries. Mayor Nee stated that this ordinance is quite broad in that it also affects businesses that may wish to locate here in the future. Mr. Boswell, 6800 Washington Street, thanked the Council for all the time taken to draft this ordinance. He stated that he certainly did not realize all the work involved. He stated that he knows the ordinance is not directed at Fantasy House, but is trying to address the dangers in the reports from other cities. He ielt that everyone agrees that this type o£ husiness does not have any place in Fridley. Mr. Boswell stated he wished to address a question to Mr. Gronbeck regarding charges brought by the City of St. Louis Park against the Fantasy House pertaining to an obscene movie purchased at the store and where the charges were plea bargained. He stated that since this time a movie was purchased at the St. Louis Park store, the same movie was found obscene in the Ferris Alexander trial, and the City of St. Louis Park is investigating. Mr. Gronbeck stated that may be the case, sometimes a plea bargain is an admission that something isn't there. Mr. Boswell stated that he believed Mr. Gronbeck agreed to check into this matter. He questioned why Fantasy House paid courts if they were not guilty. He stated that he does not want adult oriented businesses in family shopping centers and felt Fantasy House falls into this category. MOTION by Councilman Fitzpatrick to close 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 closed at 8:33 p.m. 2. PUSLIC HEARING ON AN ORDINANCE RECODIFYING SECTION 205 OF THE FRIDLEY CITY CODE ENTITLED "ZONING" BY AMENDING SECTIONS 205.14.O1.A. 205.15.O1.A, 205.17.O1.C. AND 205.18.O1.C: MOTION by Councilman Schneider to waive the reading of the public hearing notice and open the public hearing. Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the public hearing opened at 8:34 p.m. � �5� FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 11. 1991 PAGE 8 � Ms. Dacy, Community Development Director, stated that this ordinance amends Section 205 of the Zoning Ordinance to permit sexually oriented businesses in certain commercial and industrial districts. She stated that these businesses will be allowed as a permitted use in C-2 and C-3 zoning districts, subject to the rules of Chapter 127 of the code, and in M-1 and M-2 zoning districts, with a special use permit. She stated that if a sexually oriented business would be located in a multi-tenant building, there are standards in the industrial districts that commercial uses must meet. She stated that the business would not only have to meet the requirements of Chapter 127, but the requirements for uses in a multi-tenant building. Ms. Dacy stated that the Planning Commission has reviewed the ordinance and recommended approval. Mr. Rusch, 561 - 63rd Avenue, stated he understands that the Supreme Court has stated that the citizens of a community can determine the standards by which they judge obscenity. He questioned if a community can disallow obscenity in any area of the City. Mr. Herrick, City Attorney, stated that is an oversimplification of what was stated by the Supreme Court. He stated that the � leading case is Miller vs. California and, in that case, the Supreme Court set forth three broad standards. He stated that he was not prepared to quote them this evening; however, in applying those three standards, the standards may vary from one community to another. He stated that standards in a small town in Minnesota may be different than standards in larger cities such as Los Angeles or Las Vegas. He stated that, to some extent, the standards of the community are applicable, but there are still other tests that have to be met, particularly in dealing with books and movies because of first amendment requirements. Mr. Herrick stated that when he began researching this issue, he was of the opinion that obscenity and pornography were synonymous. He stated the courts state that pornography, as it is applied to speech and writing, is an activity protected by the first amendment, while obscenity is a crime. He stated that what is obscene to one person may be pornography to someone else. He stated the courts have ruled that when it comes to expression, either in writing or verbal or in movies, that even though they are pornographic, they have first amendment protection and a community cannot prevent them from being established in the community. Mr. Herrick stated there is a fine line between the protection that the constitution gives to first amendment rights and the other side of that line to prevent those activities that are criminal in � nature. � u5J FRIDLEY CITY COONCIL MEETING OF FESRUARY il. 1991 PAGE 9 � Ms. Jan Hebeisen, 901 W. Moore Lake Drive, asked how old the Supreme Courts decisions were to which Mr. Herrick is referring. Mr. Herrick stated that some go back many years and some are very recent. He stated that in the Miller case, which is one of the leading Supreme Court cases, it is probably 1980, a Renton case about 1989, and a Dumias case f�om 1990. Ms. Hebeisen stated that one of the prime cases this ordinance was based on was a 1986 case, and the makeup of the Supreme Court has changed dramatically since 1986. She felt that the public has been extremely concerned about obscenity in Fridley, and it is the desire that it be completely eliminated from our community. Ms. Hebeisen stated her desire would be that Fridley have the gumption to take this to the Supreme Court so obscenity would not be allowed in the community if this is against the standards of the majority of the people. She stated that she understands this would cost a lot of money, but there are organizations which may provide lawyers, and funding may be obtained from people all over the country to fight these cases. Mr. Herrick stated that he felt the City was taking the first step this evening by considering the ordinances. � MOTION by Councilman Fitzpatrick 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 8:47 p.m. 3. PUBLIC HEARING ON A REZONING REOUEST. ZOA #90-D6, BY CRYSTEEL TRUCK EOUIPMENT, TO REZONE PROPERTY FROM M-1, LIGHT INDUSTRIAL. TO C-2, GENERAL BUSINESS, GENERALLY LOCATED AT 1130 73RD AVENUE N.E.: MOTION by Councilman Schneider to waive the reading of the public hearing notice and open 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 opened at 8:47 p.m. Ms. Dacy, Community Development Director, stated that this property is currently zoned M-1 and the request is to rezone to C-2. She stated the petitioner is requesting the rezoning in order to apply for a special use permit for outdoor display of inerchandise. She stated that if the rezoning is not approved, the petitioner is requesting that the original special use permit be changed to allow the outdoor display of trucks for sale. � Ms. Dacy stated that staff recommended denial of this rezoning as the use of the property would not fit under the C-2 zoning district regulations and approving the rezoning would render the property �1 � `,' FRIDLEY CITY COIINCIL MEETING OF FEBRIIARY 11. 1991 PAGE 10 � non-conforming. She stated that the Planning Commission's recommendation was also for denial of the rezoning. Mr. Kay, General Manager of Crysteel, stated that they have been at this location a little over two years, and their business has undergone quite a bit of change. Iie stated that when they began business at this facility they felt it would be more than adequate, but growth has been faster than anticipated, and there are times when they need to use the front area for storage of vehicles. Mr. Kay stated staff has determined that they are a repair garage. He stated that they are not a repair garage, but an agency that sells equipment. He stated that they do work on vehicles as part of their business, but they are a distributor of manufactured equipment of goods. Mayor Nee asked if they wish outdoor display or outdoor storage. Mr. Kay stated that Crysteel would like to be able to display equipment for sale. He stated that, on the other hand, there are times where they have vehicles waiting to be picked up and are short of storage. Councilman Schneider stated that one of the comments from a � Planning Commission member was that Crysteel has simply outgrown the building. Mr. Kay stated that they are close to it; however, it was not anticipated that the growth would be this fast. Mr. Herrick, City Attorney, stated that one of the ways to solve the problem would be to re-consider the restriction on display of merchandise that could be perraitted in an M-1 and M-2 zoning district. He stated that outdoor display is presently allowed in commercial districts, but not in industrial districts. Mr. Iierrick stated that some thought may be given to changing the ordinance to allow outdoor display in industrial zones. He felt Crysteel's business belongs in an industrial, rather than a commercial zone, but did not know if there should be a restriction on display. Iie stated that one of the major problems is that site may be too small for what they wish to accomplish. He stated that at present, Crysteel does not meet the criteria £or a commercial zone, and they are not entitled to a permit for outdoor display in the present zoning district. Councilwoman Jorgenson stated that there is a snowmobile dealership located to the south of Crysteel, and restrictions were placed on outside storage because the City did not want a display along � Highway 65. She stated that she did not want to see the vehicles on display in front of the building as it was not the imaqe the City wishes to portray in that area. ' � u5� FRIDLEY CITY COUNGIL MEETING OF FEBRUARY il. 1491 PAGE 11 Mr. Kay stated that he is not here to plead for the rezoning. He stated that it was a means to try and get their problem to the Council so they could find a way to have what they want and what the Council wants. He stated that he hoped there is some means where they could work with the City to accomplish what they wish to do. Councilman Schneider asked how much outdoor display was anticipated. Mr. Kay stated that at any given time, they would have two to four vehicles. Ms. Dacy stated that it would be a policy decision whether the Council wanted more display in an industrial district. Mr. Herrick stated that if the ordinance was amended to permit display of inerchandise in an industrial district with a special use permit, perhaps, in this case, the Council may agree to a limited number of vehicles to be displayed during daylight hours. He stated that he would suspect Crysteel would not want these vehicles sitting out overnight due to vandalism. Mr. Kay stated that he would be willing to accept reasonable restrictions on what could be done. Mayor Nee asked where Crysteel's employees park. Mr. Kay stated that they park primarily in front of the building; however, some employees park in the street between their business and Super America. Councilman Billings stated that when the City issued variances, Crysteel agreed to no outdoor displays, and just because their business has changed, did not mean the City's position has changed. He stated that even though Crysteel agreed to no outdoor storage, they are still doing it. Mr. Kay stated that he is not trying to deny that there have been problems. Councilman Billings stated that if Crysteel wants to change the rules, the City could change the variance and eliminate some of the building. He stated that the only reason Crysteel has that size building was because they agreed they did not need outdoor storage. Mr. Kay stated that he was sorry those who preceded him did not honor their commitment. Councilman Schneider stated that Councilman Billinqs' point is � valid and that the outdoor storaqe was a key item. He stated that, however, he would be comfortable with requesting staff to review the policy to permit outdoor display in industrial zones. He felt �5� FRIDLEY CITY COIINCIL MEETING OF FBBRUARY 11, 1991 PAGE 12 � that this site was awfully small to allow outdoor display as there should be a certain amount of open area. He stated that the rezoning does not seem to be in anyone's interest. Mr. Kay stated that the rezoning was a vehicle to get the issue before the Council to try and resolve the problem they face. Ms. Terrie Mau, 248 Mississippi Street, stated that she is concerned about outside storage; however, she has seen this area continually improve. She stated that Crysteel has cleaned up this area, and their equipment out front is not an eyesore. She stated that this business has improved the quality of that street, and she would hate to see them leave this area. MOTION by Councilman Schneider 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 9:22 p.m. NEW BUSINESS• 4. RECEIVE THE MINUTES OF THE CABLE TELEVISION ADVISORY COMMISSION MEETING OF JANUARY 23. 1991: � MOTION by Councilwoman Jorgenson to receive the minutes of the Cable Television Advisory Commission Meeting of January 23, 1991. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 5. RECEIVE THE MINUTES OF THE PLANNING COMMISSION MEETING OF JANUARY 23, 1991• A. AMENDMENT TO THE ADOPTION OF THE REDEVELOPMENT PLAN FOR FRIDLEY TOWN SQUARE DEVELOPMENT, TO CONSIDER ADDING A DRIVE- THROUGH WINDOW FOR A FAST FOOD RESTAURANT ON THE WEST SIDE OF THE PROPOSED Bi7ILDING. THE PROPERTIES INCLUDED IN THIS REDEVELOPMENT PLAN ARE 355 MISSISSIPPI STREET N.E., 368 - 66TH AVENUE N.E.. AND 6525 UNIVERSITY AVENUE N.E.: Ms. Dacy, Community Development Director, stated that the Fridley Town Square Development project refers to property in the northeast corner of University Avenue and Mississippi Street. She stated that the developer has a purchase agreement for the acquisition of a single family home on 66th Avenue and one on Mississippi Street. Ms. Dacy stated that in June, 1990 the Council approved redevelopment of this site to the S-2 district for construction of a 28,000 square foot shopping center. She stated that approval was contingent upon seventeen stipulations. She stated that there was , one entrance to the site and traffic entered at the far southeast corner. She stated that parking was provided in the front and space for loading and unloading in the rear of the building. � U���i FRIDLBY CITY C�IINCIL M&&TING UF F&BRIIARY 11. 1991 PAGE 13 Ms. Dacy stated that the developer is revising his request and is planning to lease space to Burger King and have a drive-through operation. She stated that this was a significant change in the plan, and it was necessary to bring it back to the Planning Commission and City Council. Ms. Dacy stated that in terms of square footage, this plan is somewhat smaller and the square footage is reduced from 28,23o to 27,745. She stated that the same number of parking spaces is maintained and the aisle widths around the building is proposed to be increased from 20 feet to 28-33 feet. Ms. Dacy stated that an eight foot wall would be constructed along with landscaping and the wall extended to University Avenue. Ms. Dacy stated that the loadinq zone is proposed to be movad from the east side of the building to the north side. She stated that because of the additional traffic at the rear of the building, additional landscaping is recommended along University Avenue and a proposed screening wall be extended to University Avenue. She stated that the traffic would now move counter-clockwise, rather than clockwise as vehicles would enter at the southeast corner and proceed north toward 66th Avenue and turn left to the rear of the building to the drive-through at the west end. � Ms. Dacy stated that from the report by the traffic consultant, Barton-Aschman Associates, it was found that the level of service on Mississippi Street would not decline as a result of the addition of the Burger King restaurant. � Ms. Dacy stated that there is also a difference in the setbacks from the original plan as the petitioner has reduced the size of the building and increased the setbacks. She stated that there are just one or two locations where the parking spaces are 18 feet long and there is a 24, rather than a 25 foot aisle. Ms. Dacy stated that regarding the impact of the light rail transit, the County was asked to review the proposed plan and that they had no comments pertaining to any conflicts with pedestrian traffic. She stated that there will be an increase in overall traffic volumes due to the addition o£ the £ast food restaurant. Ms. Dacy stated that the Planning Commission did not pass a motion to approve or deny as each motion failed by a 3-3 tie. Ms. Dacy stated that there is a report from the petitioner's consultant, Braun Intertech, regarding the air quality from cars waiting in line to pick up their orders and noise emissions from cars and speaker boxes. Mr. Bob Guzy, attorney with the law firm of Barna, Guzy and Steffen, stated that he is representing the developer, Mr. Scott Ericson. He stated that Burger King has approached the petitioner �ss FRIDLEY CITY COUNCIL MEETINQ OF FEBRIIARY ll 1991 PAGE 14 � to become a tenant at the Fridley Town Square Development. He stated that this would be the relocation of a business now in Fridley from the southwest quadzant to the northeast quadrant o£ the University Avenue/Mississippi Street intersection. Mr. Guzy stated that the developer realizes there is an impact by this business relocating to this site and wants to show that this is something compatible with the neighborhood. He stated that as far as they can determine, Burger King has been a good corporate citizen in the community. Mr. Guzy stated that Mr. Koski is here to answer any questions regarding traffic, and Mr. Carlson is present to address the air quality issue, Mr. Blue, representing Burger King, is here and so is Mr. Ericson, the developer. Mr. Guzy stated that the question is if the drive-through facility can operate in that area without impact. He stated that the lighting problem can be resolved and that the other areas of concern are traffic, noise, and odor emissions. He felt that the item to be concerned with regarding noise is that University Avenue is heavily traveled and there probably will be more noise from University Avenue than what is generated at the drive-through during the peak hours of about 12:00 p.m. to 1:00 p.m. � Mr. Guzy stated that the developer is concerned about the neighborhood, and a screening wall is proposed to shelter four homes adjacent to this site. He stated that he did not believe noise would affect anyone beyond this area. Mr. Keith Carlson, ceXtified Industrial Hygienist with Braun Intertech, stated that in regard to the noise, he could certainly see where there were some implications, but felt they would be minimal. He stated that in regard to odors, with a double baffle air filtration system, odors could not be detected from the facility at 175 feet. He stated that Burger King has such a system at their facility at TH 169 and Old Shakopee Road. Mr. Carlson stated that the speakers are pointed towards University Avenue, and there would be very little impact to persons on the north side of this establishment. He stated that as far as noise from the vehicles, it is his opinion that the wall will provide ample protection at least within 30 to 45 feet. He stated that there would be some concentration of air pollutants from the automobiles waiting in line for their orders for five to ten minutes and felt, by comparison, the air quality would be similar to downtown Minneapolis at any given time. He stated that this may result in a hint of odor from time to time. Mr. Dan Blue, representing Burger King, stated that part of the � reason they would like to relocate is to upgrade their facility. He stated that more sophisticated speakers can be installed which FRIDLEY CITY COIINCIL MEETING OF FEBRUARY 11. 1991 PAGE 15 � have the ability to monitor daytime noise versus evening noise in order to keep the noise volume down. Councilman Billings asked about the double baffle air filtration system. Mr. Carlson stated that this system uses a douhle trap so odors and grease are caught more than one time. Mr. Dave Koski, Principal Associate with Barton-Aschman Associates, stated that a supplemental report was prepared analyzing the Burger King operation. He stated that they didn't find a problem. He stated that there would be no change in the level of service on Mississippi Street during peak hours from 4:30 to 5:30 p.m. He stated that although additional traffic volume will be created at this time of the day, it will not be enough for a drop in the level of service. He stated that they analyzed actual data from the current Burger King location, and the peak hour appears to be during the noon hour and the peak for the shopping center occurs between 4:30 to 5:30 p.m. He stated that the relocation of Burger King to this aorner of the intersection redistributes the trips to the extent that the function of the intersection is slightly improved. � Ms. Hogan, 365 Mississippi Street, stated that the residents were promised there would not be a drive-through restaurant in this shopping center. She stated that the center was to serve persons within a two mile radius so there would not be that much traffic. She felt that Burger King would draw business outside of this radius. She stated that the traffic is rated a D now and asked if it would be a D- with the addition of Burger King at this site. Mr. Koski stated that there would not be any deterioration in the level of service. He stated that with Burger King relocated from the southwest to the northeast quadrant, the level of service at this intersection will even be a little better. Councilman Fitzpatrick asked how this could be better when there is additional traffic. Mr. Koski stated that there is additional traffic in the driveway. He stated that much of the Burger King traffic is traffic that already exists on the roadway. He stated that when the turning movements are analyzed, some of the turning movements are improved. Ms. Dacy stated that in the revised study, it was assumed that 25 percent of the traffic generated by Burger King was traffic that already exists on the roadway. � Mr. Koski stated that with the Burger King already located in this area, they did not assume the traffic generated by this business � � � 4 FRIDLEY CITY COIINCIL MEETING OF FEHROARY 11. 1991 PAGE 16 would be 100 percent new traffic, but traffic that is now there and just being rerouted. Mr. Jack Kirkham, 470 - 66th Avenue, stated that several informational meetings were held last year, and one of the major issues from the residents in the neighborhood was traffic. He stated that the developer, Mr. Ericson, assured them that most of the traffic would be pedestrian traffic. He stated that with a Burger King at this location, it is a business that cannot thrive without vehicular traffic. He stated that the whole scheme has been changed in order to provide for vehicular traffic. He questioned the amount of traffic for the morninq and afternoon hours. Mr. Guzy stated that the average number of cars in the morning hours are about twelve and for the afternoon hours of 4:00 p.m. to 5:0o p.m., about twelve to fourteen and some days it averages about eighteen. Councilman Billings asked for a comparison regarding the ratio of gross sales at the existing facility as compared with a new facility. Mr. Blue stated that he was not sure he knew the exact answer to � that question. He stated that they want to relocate because their restaurant has aged, and they would like to move into a new upgraded facility. He stated that, hopefully, they could offset the cost of relocating to a new facility by some increase in revenue at a new site. Councilman Billings asked if the finanaial expectations are to double their current business. Mr. Blue stated that he does not have any percentage figures he could give at this time. Councilman Billings asked the ratio of business in regard to those who come in to the establishment and those that use the drive- through. Mr. Blue stated that 45 percent, and in a or about 50 percent. in a high volume faaility the ratio is 40 to low volume facility the ratio is about even Councilman Fitzpatrick stated that he is surprised there are so few residents from the neighborhood. He stated that at previous meetings hefore the Planning Commission and City Council, there have been more residents in attendance. � Mayor Nee felt that a lot of the complaints were worked out at the Planning Commission meeting. � G6� FRIDLBY CITY COUNCIL MEETING �F FEBRUARY il. 1991 PAGE 17 � Councilman Fitzpatrick stated that there apparently was not a strong feeling on the part of the Planning Commission since there was a split vote. Mr. Guzy stated that to clarify the objections of the Planning Commission, members who voted against this were concerned about the pedestrian crossing. He stated he felt that marking the pedestrian crossing and controlling traffic coming out of the drive-through facility makes this a controllable situation. He stated that one of the members of the Planning Commission mentioned the impact on the area, and they are trying to address the impact so Burger King and the residential area can co-exist. He stated that is why changes in the plan and wall structure have been proposed. Councilman Fitzpatrick stated that all of the objections were not due to the pedestrian walkway. He stated that he saw this as being intrusive in the neighborhood in regard to the traffic, noise, and hours o£ operation. Councilwoman Jorgenson stated that when the Council first considered this issue, she made the motion for approval. She stated that she has some very serious reservations about a drive- through in this neighborhood. She stated that Burger King is a very qood corporate citizen in the City, the City appreciates their � business, and she could see where moving across the street would benefit them. Councilwoman Jorgenson stated, however, she does not feel a drive-through is an appropriate use within that shopping center. She stated that in light of the testimony that was given at the Planning Commission meeting she cannot vote for approval with a drive-through in place as it is a question of integrity to the neighborhood. She stated that she did not know if Burger King could exist on the site without a drive-through, but would sincerely hope they would look into this issue. Councilman Schneider stated that he was supportive of the original proposal, but he shares Councilwoman Jorgenson's conoern. He felt that a promise was made to the neighborhood that a shopping center is an intrusion, but one that is manageable. He felt that when a drive-through is added, even though a vast majority of the noise is mitigated, there are things that cannot be mitigated. He stated that he would have a difficult time supporting a drive-through. Mayor Nee stated that if the Council wished to place a stipulation requiring that Burger King close earlier, Burger King might be open to this suggestion. Councilman Billings stated that what is being considered is a change in the development plan to allow a drive-through window for a restaurant. He stated that it doesn't necessarily specify it � would be Burger King. He stated that if the new proposal was approved, and Burger King chose not to go into this development, ��� FRZDLBY CITY COUNCIL MEETING QF FEBRUARY 11, 1441 PAGE 18 � the door would be open for any other business to go locate at this site. Ms. Dacy stated that was correct as long as the site plan was approved and they met any stipulations imposed by the Council. Councilman Billings stated that he came into this meeting thinking it really didn't make any difference that the Blaske Group is currently in Chapter il reorganization, but once he thought about the traffic patterns and the relocation of Burger King, there are other thinqs to consider since the City does not know how the bankruptcy judge will rule and there are other players in this game. Mr. Guzy stated that from the developer's standpoint, whatever restrictions the Council wishes to place on this site to limit it to Burger King would be acceptable. He stated all the financial arrangements would tie the Burger King people into this site for a number o£ years. Councilman Billings stated that his only concern is if the Council approves the change to allow for a fast-food restaurant and the bankruptcy judge decides Burger King should not be moving, then it opens the door for a different fast-food facility. � Councilman Billings stated that certainly the impact of this particular facility on the neighborhood is a significant one. He stated that if Burger King relocates it would please some but anger others. He stated that is not a factor in his decision in this matter. He stated that his concern is about preserving the integrity of the Barton-Aschman traffic study. He stated that he would like to table this item for several weeks before a vote is taken. MOTION by Councilman Billings to table this item to the February 25, 1991 meeting. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Mr. Herrick stated that the ordinance under which this project is permitted is a rather brief ordinance and requires a certain zone which the Council approved several months ago. He stated that it then requires approval of a development plan, and finally, it addresses the approval of occupants or tenants in the building. Mr. Herrick stated that in as much as this is a fairly new procedure for the City, it seems as other tenants are chosen the same procedure would follow. He stated that the owner of the facility would be advising the City as to who will be moving in and then the City would have to approve it. He stated that he � wanted to bring this out that there is that provision in the ordinance. ��� FRIDLEY CITY COUNC2L MEETING OF FEBRUARY 11 1991 PAGE 19 � MOTION by Councilwoman Jorgenson to receive the minutes of the Planning Commission meeting of January 23, 1991. Seconded by Councilman Schnaider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 6. RECEIVE AN ITEM FROM THE APPEALS COMMISSION MEETING OF JANUARY 22. 1991: A. VARIANCE. VAR #90-32. BY FIRST WESTERN DEVEIAPMENT CORPORATION: MoTION by Councilman Billings to table this item to February 25, 1991. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 7. SPECIAL USE PERMIT. SP #90-19, BY CRYSTEEL TRUCK EOUIPMENT TO ALLOW EXTERIOR STORAGE OF MATERIALS AND EOIIIPMENT ON THAT PART OF THE EAST 225 FEET OF THE WEST 475 FEET OF THE NORTH HALF OF THE NORTHEAST OUARTER OF THE SOUTHWEST QUARTER OF SECTION 12. T-30. R-24. ANOKA COUNTY, MINNESOTA, LYING NORTH OF THE SOUTH 405.60 FEET OF SAID NORTH HALF OF THE NORTHEAST OUARTER OF THE SOUTHWEST QUARTER. THE SAME BEING 1130 73RD AVENUE N.E. � MOTION by Councilman Schneider to concur with the recommendation of the Planning Commission and deny Special Use Permit, SP #90-19. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. MOTION by Councilman Schneider to direct staff to review the policy question of outdoor display in M-1 and M-2 zoning districts and report back to the Council. Seconded by Councilman Fitzpatrick. Councilman Billings stated that this question is not on the agenda. Councilwoman Jorgenson stated that it is related to the item regarding a change of zoning for this property. Councilman Schneider asked for a ruling if the motion was out of order. Mr. Herrick, City Attorney, stated that he is of the opinion that this motion is related to the item before the Council and is not a new item. Councilman Billings stated that with each meeting, the rules of this body are more closely defined. UPON A VOICE VOTE TAKEN ON THE ABOVE MOTION, all voted aye, and � Mayor Nee declared the motion carried unanimously. � �6u FRIDLEY CITY COUNCIL MEETINQ OF FEBRUARY il 1991 BAGE 20 ' 8. FIRST READING OF AN ORDINANCE TO AMEND THE CITY CODE OF THE CITY OF FRIDLEY, MINNESOTA, BY MAKING A CHANGE IN ZONING DISTRICTS: MOTION by Councilman Schneider to concur with the recommendation of the Planning Commission and deny this rezoning request. Seconded by Councilwoman Jorgenson. Councilman Schneider stated this rezoning would make the use non- conforming and did not feel it is in the best interests of the City or Crysteel. IIPON A VOICE VOTE TAKEN ON THE ABOVE MOTION, all voted aye, and Mayor Nee declared the motion carried unanimously. 9. RESOLUTION NO. 17-1991 SUPPORTING THE ADOPTION OF AN ORDINANCE ON THE SITING OF SEXUALLY ORIENTED BUSINESSES PROHIBITING THEIR LOCATION WITI-IIN CERTAIN SPECIFIED DISTANCES FROM RESIDENTIAL AREAS, SCHOOLS, CHURCHES. PARKS AND PLAYGROUNDS: MOTION by Councilman Schneider to adopt Resolution No. 17-1991. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. � FIRST READING OF AN ORDINANCE ESTABLISHING A NEW CHAPTER OF THE CITY CODE OF THE CITY OF FRIDLEY. CHAPTER 127, ENTITLED "SEXUALLY ORIENTED BUSINESSES": MOTION by Councilman Fitzpatrick to waive the reading and approve the ordinance upon first reading. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 10. FIRST READING OF AN ORDINAi7CE RECODIFYING SECTION 205 OF THE FRIDLEY CITY CODE ENTITLED "ZONING" BY AMENDING SECTIONS 205.14.O1.A. 205.15.O1.A, 205.17.O1.0 AND 205.18.O1.C: MOTION by Councilwoman Jorgenson to waive the reading and approve the ordinance upon first reading. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 11, FIRST READING OF AN ORDINANCE RECODIFYING THE FRIDLEY CITY CODE, CHAPTER 125. ENTITLED "SAUNAS AND MASSAGE PARIARS." BY AMENDING SECTION 125.09.06: Mr. Hill, Public Safety Director, this amendment places the same location restrictions on saunas and massage parlors as is being proposed in the new sexually oriented business ordinance. � MOTION by Councilman Schneider to waive the reading and approve the ordinance upon first reading. Seconded by Councilwoman Jorgenson. � � � � S ,' FRIDLEY CITY COUNCIL MEETING OF F88RUARY 11, 1991 PAGE 21 IIpon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 12. ESTABLISH PUBLIC HEARING FOR FEBRUARY 25. 1991, FOR THE 1991 �OMMUNITY DEVELOPMENT BLOCK GRANTS: MOTION by Councilwoman Jorgenson to establish February 25, 1991 as the public hearing date for the 1991 Community Development Block Grants. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 13. RECEIVE BIDS AND AWARD CONTRACT FOR ONE TRAILER-MOUNTED ROBOTIC SEWER RODDER MACHINE: Mr. Flora, Public Works Director, stated that only one bid was received from Flexible Pipe Tool Company for this trailer-mounted robotic sewer rodder machine. He stated that the bid, less the trade-in allowance, Was for $19,250.00. Mr. Flora stated that $21,000 has been allocated in the 1991 Sanitary 5ewer Capital Outlay Budget for this rodder machine and would Yecommend the contract be awarded to Flexible Pipe Tool Company. MOTION by Councilwoman Jorgenson to receive the following bid for the trailer-mounted robotic sewer rodder machine: RODDER COMPANY MACHINE TRADE-IN Flexible Pipe Tool $20,900 $1,650 P. O. Box 164 Sauk Center, MN 56378 TOTAL BID $19,250 Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. MOTION by Councilman Schneider to award the contract ior one trailer-mounted robotic sewer rodder machine to the low bidder, Flexible Pipe Tool in the amount of $19,250.00. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 14. RECEIVE BIDS AND AWARD CONTRACT FOR REPAIR OF WELL NOS. 1, 4, AND 9. PROJECT NO. 215: Mr. Flora, Public Works Director, stated that five bids were received for each well. He stated that Mark Traut Wells, Inc. was the low bidder for Well Nos. 1 and 4 and Layne Minnesota was the low bidder for Well No. 9. He stated that it is recommended the contracts be awarded to these low bidders for the repair of Well Nos. 1, 4, and 9. � � ��� FRIDLEY CITY COUNCIL MEETINO OF FESRUARY 11. 1991 PAGE 22 MOTION by Councilman SChneider to receive the following bids for the Repair of Well Nos. 1, 4, and 9, Project No. 215: REPAIR OF WELL NO. 1, PROJECT NO. 215: COMPANY Mark Traut Wells 151 - 72nd Avenue St. Cloud, MN 56301 Layne Minnesota 3147 California Minneapolis, MN 55418 E. H. Renner 15688 Jarvis Elk River, MN 55330 Keys Well Drilling 413 North Lexington St. Paul, MN 55104 Bergerson-Caswell 5155 Industrial Maple Plan, MN 55435 TOTAL BID $21,237.00 $21,676.00 $24,038.00 $24,303.00 $25,034.14 REPAIR OF WELL NO. 4. PROJECT NO. 215: Mark Traut Wells 151 - 72nd Avenue St. Cloud, MN 56301 Layne Minnesota 3147 California Minneapolis, MN 55418 Keys Well Drilling 413 North Lexington St. Paul, MN 55104 E. H. Renner 15688 Jarvis Elk River, MN 55330 Bergerson-Caswell 5155 Industrial Maple Plain, MN 55359 $20,734.00 $21,300.00 $24,489.00 $25,960.00 $32,098.21 � � �� �6� FRIDLEY CITY COUNCIL MEETINQ OF FEBRIIARY 11, 1991 EAGE 23 REPAIR OF WELL NO. 9, PROJECT NO. 215: Layne Minnesota 3147 California Minneapolis, MN 55418 Mark Traut Wells 151 - 72nd Avenue St. Cloud, MN 56301 E. H. Renner 15688 Jarvis Elk River, MN 55330 Bergerson-Caswell 5155 Industrial Maple Plain, MN 55359 Keys Well Drilling 413 North Lexington St. Paul, MN 55104 $ 8,836.50 $ 9,776.00 $10,391.00 $11,352.00 $12,333.00 Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. MOTION by Councilman Schneider to award the contracts for the repair of these wells, Project No. 215, to the low bidders, Mark Traut Wells, for Well Nos. 1 and 4 in the amounts of $21,237.00 and $20,734.00 and �o Layne Minnesota for Well No. 9 in the amount of $8,836.50. Seconded by Councilman Billings. IIpon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 15. RESOLUTION NO. 18-1991 REOUESTING THE COUNTY OF ANOKA ESTABLISH A RELIABLE FUNDING SOURCE FOR MUNICIPAL SOLID WASTE ABATEMENT ACTIVITIES: MOTION by Councilman Fitzpatrick to adopt Resolution No. 18-1991. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 16. RESOLUTION NO. 19-1991 AUTHORIZiNG CHANGES IN APPROPRIATIONS FOR THE GENERAL FUND AND THE CAPITAL IMPROVEMENT FUND FOR THE YEAR 1990• MOTION by Councilman Schneider to adopt Resolution No. 19-1991. Seconded by Councilwoman Jorgenson. Upon a voiae vote, all voting aye, Mayor Nee declared the motion carried unanimously. C_� ���i FRIDLEY CITY C�UNCIL MEETING OF FEBRIIARY 11. 1991 PAGE 24 17. RESOLUTION NO. 20-1991 TO THE MINNESOTA STATE LEGISLATURE OPPOSING THE CAPPING OF THE FISCAL DISPARITIES POOL AT 1991 LEVELS• MOTION by Councilman Fitzpatrick to adopt Resolution N Seconded by Councilman Schneider. Upon a voioe vote, aye, Mayor Nee declared the motion carried unanimously. 18. INFORMAL STATUS REPORTS: o. 20-1991. all voting Mr. Burns, City Manager, stated that there were no informal status reports. 19. CLAIMS• MOTION by Councilman Schneider to authorize payment of Claims No. 36098 through 36288. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 20. 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. 21. ESTIMATES• MOTION by Councilman Fitzpatrick to approve the estimates as submitted: Herrick & Newman 205 Fridley Office Building 6401 University Avenue N.E. Fridley, MN 55432 Services Rendered as City Attorney for the Month of January, 1991 . . . . . . . . . $ 4,408.80 Seconded by Councilman Billings. Upon as voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. � ��L FRIDLEY CITY COUNCIL MEETING OF FEHRUARY 11. 1991 PAGE 25 � ADJOURNMENT: MOTION by Councilman Schneider to adjourn the meeting. Seconded by Councilman Billings. 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 11, 1991 adjourned at 10:49 p.m. Respectfully submitted, Carole Haddad William J. Nee Secretary to the City Council Mayor Approved: � i�