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02/25/1991 - 00005885�7� THE MINUTES OF THE REGULAR MEETING OF THE FRZDLEY CITY COUNCIL OF ' FEHRUARY 25, 1991 The Regular Meeting of the Fridley City Council was called to order at 7:34 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, Councilman Billings, Councilman Fitzpatrick, Councilman Schneider and Councilwoman Jorgenson MEMBERS ABSENT: None APPROVAL OF MINUTES: COUNCIL MEETING, FEBRUARY 11, 1991: 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: MOTION by Councilman Schneider to adopt the agenda as submitted. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. � OPEN FORUM. VISITORS: There was no response from the audience under this item of business. PUBLIC HEARING• 1. 1991 COMMUNITY DEVELOPMENT BLOCK GRANT FUND REQUE5T TO THE COUNTY OF ANOKA: 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 7:37 p.m. Ms. Dacy, Community Development Director, stated that this year the City will receive approximately $117,683 in Community Development � �i ,� FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 25, 1991 PAGE 2 � Block Grant funds. She stated that it is proposed these funds be allocated to the Riverview Heights project and human services. Ms. Dacy stated there is one property that remains to be acquired in the Riverview Heights area, and it will be necessary to borrow CDBG funds from another community in order to complete the acquisition. She stated that the City could petition the City of Coon Rapids for approximately $25,OOO to assist with this final acquisition which would be repaid from the CDBG 1992 allocation. Ms. Dacy stated that the Planning Commission and Human Resources Commission recommended approval of the allocation of these funds to the Riverview Heights project in the amount of $77,848 and to human services in the amount of $38,835. She stated that $1,000 will be committed to pay the County administrative fee. Councilman Billings asked the City's obligation �o repay the funds that might be borrowed from Coon Rapids, if CDBG funds are not available in the future. Ms. Dacy stated that there would be no obligation. No other persons spoke regarding the allocation of these CDBG funds. � MOTION by Councilman Fitzpatrick to close the public hearing. Seconded by Councilwoman Jorgenson. Upon a voice vote, all votinq aye, Mayor Nee declared the motion carried unanimously and the puhlic hearing closed at 7:46 p.m. OLD BU5INESS• 2. 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 BUILDING. THE PROPERTIES INCLUDED IN THIS REDEVELOPMENT PLAN ARE 355 MISSISSIPPI STREET, 368 - 66TH AVENUE, AND 6525 UNIVERSITY AVENUE (TABLED 2/11/911: Mayor Nee stated that this item was tabled on February 11, 1991 for further information. MOTION by Councilman Billings to remove this item from the table. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Ms. Dacy, Community Development Director, stated that staff has no new information to present except that at a future meeting a list of uses will be presented to identify which uses may or may not have to be submitted to the Commission and Council before location � in this center. �7'� FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 25, 1991 PAGE 3 � Ms, Dacy stated that she would like to clarify one of the stipulations. She stated that in Stipulation No. 9 there is reference to an eight foot wall, however, in Stipulation No. 1, there is reference to a six foot wall. She stated that she would like to clarify, if the Council approves the amendment to the redevelopment plan, that an eight foot wall is recommended and the language referring to a six foot wall should be deleted in Stipulation No. 1. Ms. Dacy stated that the developer has a purchase agreement on this parcel and the two existing homes that abut the property, She stated that last June the Council approved rezoning this property to 3-2 for a shopping center development. She stated that the petitioner is now requesting the location of a fast food restaurant and drive-through with Burger King as the proposed tenant. She stated that the Burger King restaurant now located in the southwest corner of the University/Mississippi intersection is proposing to relocate on this parcel in the northeast corner of the intersection. Mayor Nee stated that the issue before the council is an amendment to �he approved development plan to permit a drive-through window for the Burger King restaurant. He stated that some of the concerns raised involved traffic, noise, and air pollution. � Mr. Bob Guzy, attorney for the petitioner, stated that a letter was submitted to the City from Burger King regarding their hours of operation. He stated the condition that just this Burger King is the only one that could locate on this site is still on the table. Mr. Guzy stated that the developer is interested in working with the neighbors to maintain the screening wall between the commercial and residential areas. He stated that the traffic and environmental consultants, Burger King representatives, and the developer are present this evening to answer any questions from the Council. Councilman Billings asked if Burger King did not relocate to this site, but a different £ast food restaurant located there, if that would have a significant impact on the traffic study that was done. He stated that even if Burger King does relocate to this site, the City would also be dealing with a vacant building on the southwest corner, which is set up for a fast food operation, and he questioned the impact on the traffic. Mr. Koski, Barton-Aschman Associates, stated that this would not have a significant impact, and traffic would not back up past the driveway into the site. He stated that their assumption was if another fast food facility moved into the existing Burger King site � it would have a lower traffic volume as it is not a desirable location for a fast food operation. He stated that this was one of the reasons why Burger King wants to move to another location. , � � �7� FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 25, 1991 PAGE 4 He stated that there would not be a significant impact on traffic at the University/Mississippi intersection. Councilman Billings asked Mr. Koski if he had any knowledge as to how any median modifications might affect adjacent landowners and if there was any governmental liability. Mr. Koski stated that the construction of inedians and roadways is under governmental jurisdiction, whether it be the County, the State, or the City. He stated that the installation of a median cannot be considered as damages to facilities that might be located adjacent to the roadway. He stated that the median is clearly under governmental jurisdiction and does not subject a governmental body to damaqes for access; however, removing driveways may be a different case. Ms. Marilyn Sullivan, 522 - 66th Avenue, stated that she has concerns about the traffic and was not sure this would be beneficial for the neighborhood. She felt that there may be a problem with the traffic and, in the £uture, traffic may be routed down 66th Avenue. She stated that at one time, she saw 75 cars at the intersection, and this was not referred to in the traffic study. Ms. Sullivan felt that some signage was needed for vehicles to yielfl to pedestrians in crosswalks. She stated that homes in the neighborhood have been sold since approval was given for this shopping center. Mr. Guzy stated that the major issue is the impact on the community. He stated he wanted to emphasize that the developer has made changes to the site plan regarding truck deliveries, extending the barrier wall and increasing the height o£ this wall. He stated that this is an attempt to protect the neighbors immediately adjacent to the site. He stated that whatever landscaping is needed will be provided by the developer. He stated it is felt that steps have been taken to, if not to eliminate, to alleviate any problem created by traffic going around the building. Mr. Guzy stated that Burger King has stated if there is a problem with the hours of operation, those hours could be modified and changed. Mr. Guzy stated they would be willing to state that there would not be another fast food on that site if this proposal for Burger King did not materialize. Councilman Billings asked, in reference to the ten stipulations, if there are any stipulations not included this evening that were included in the first development plan which may apply. Ms. Dacy stated that whatever was approved last year still pertains, and none of the original seventeen stipulations were changed. �l 7 }i FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 25, 1991 PAGE 5 � Councilman Billings asked if the ten stipulations would be in addition to the seventeen stipulations. Ms. Dacy answered in the a£firmative. Mayor Nee stated he personally felt that with the changes proposed, the negatives and positives have not changed from the original plan. He stated that more noisy traffic has been moved to the £ront of the building. He stated that the situation is no worse than the original plan and suspects it may be better. He stated that it seems this is a reasonable proposal. Councilman Schneider asked if this amendment to the plan was not approved if the shopping center project would not proceed. Mr. Guzy stated that the word received from their financial consultants is that Burger King is essential for this operation. He stated that if Miller and Schroeder states it would not proceed there is a question if others would want to proceed. Councilman Billings stated that he has taken a serious look at this entire development, felt that the development proposed in 1990 was probably adequate, and this is more development than the site deserves. He stated that he is having a difficult time coming up with the tests of turning down this project. He stated that he � would just as soon not see a fast food restaurant on this site, but has the responsibility of upholding the statute and does not want to go to court to debate if this is a good or bad project. MOTION by Councilman Billings to approve the amendment to the Redevelopment Plan for Fridley Town Square, with the following stipulations: (1) The screening wall shall be extended to University Avenue. The landscaping plan shall be revised to add additional Evergreens along 66th Avenue if a six foot height is maintained or Ivy plantings along the wall if an eight foot height is constructed. A three foot continuous hedge and trees for every fifty feet of driveway should also be provided along University Avenue; (2) A lighting plan should be submitted and approved in conjunotion with the building permit application; (3) A pavement marking plan delineating drive-through and loading traffic shall be submitted in conjunction with the building permit application. A"no parking - loading only" zone should be striped along the rear of the building adjacent to the Walgreen's use, and along the east side of the building; (4) The decibel level of the order box should be at a level where its noise is not audible from residential properties to the north; (5) Construction details of the odor venting system shall be submitted in conjunction with the building permit application. Venting for the fast food restaurant shall be routed to the westerly point of the building before being released to the open air, consistent with the original approval in June of � 1990 (Stipulation #17). The petitioner shall install a double baffle filtration system; (6) The property owner shall work with the Anoka County Regional Rail Authority to provide pedestrian ����, FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 25, 1991 PAGB 6 � �onnections where appropriate into the site, including striping or sidewalks; (7) Walgreen�s shall submit in writing to the City, to prohibit loading/unloading activities between 11:0o a.m. and 2:30 p.m. and 4:30 p.m. and 5:30 p.m.; (8) No other restaurants shall be allowed in this development project without the consent of the City; (9) An 8 foot wall shall be constructed around the project and extended to University Avenue; and (lo) A striped walkway from the bikeway/walkway across the driveway to the front of the building and signage indicating the bikeway/walkway shall be included as part of the project. Seconded by Mayor Nee. MOTION by Councilman Billings to amend the above motion by adding the following three additional stipulations: (1) The seventeen existing stipulations approved in 1990 shall remain in place; (2) The developer shall commit to the landscaping on the two properties immediately east of the project in the same magnitude as agreed to in 1990; (3) The developer acknowledges that the current traffic study and the most recent preliminary plans for improving Mississippi Street notwithstanding, the appropriate government bodies reserve the right to change and alter the alignment of the roadway. This may include extending the raised median and allowing no left turns into or out of this project. The developer is encouraged to make this information known to all tenants. Seconded by Counailman Schneider. � Councilman Billings stated he wanted to make sure that the developer understands that there are no guarantees the median will remain as it is now. He stated that it is the responsibility of the governmental bodies to maintain traffic quality and if in the future it requires extension of the median, he does not want the developer to come back saying the City led him to believe this would never happen. UPON A VOICE VOTE TAKEN ON THE ABOVE MOTION FOR THE AMENDMENT, Councilman Billings, Councilman Schneider, Councilman Fitzpatrick, and Mayor Nee voted in favor of the motion. Councilwoman Jorgenson voted against the motion. Mayor Nee declared the motion carried. Councilman Schneider asked if there was any way there could be a review to determine if everything is proceeding as the experts have stated and that this proposal is not any more disruptive than the original development plan. He stated that he shares Ms. Sullivan's concerns that the plan may not be what it seems and would like to be able to review the traffic. Mr. Herrick, City Attorney, stated that the applicant has indicated if there is a serious problem, they would review the hours of operation. He stated that if there is a problem with noise as it pertains to the speaker system, he felt that could be adjusted. , He felt that there could be a stipulation, if the developer and Burger King agreed, that there be a review after one year of traffic, noise, and odors. He stated that if there is a J?� FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 25. 1991 PAGE 7 ' significant problem they would agree to cooperate with the City and do everything reasonably feasible to correct any problems. Mr. Guzy stated that from Burger King's standpoint, if there is a problem, they will try to resolve it. He stated that the Council now has a letter from Burger King regarding their hours of operation, the experts have indicated equipment will be installed for the odors, and traffic counts have been presented by the experts. Councilman Schneider stated that his concern is what happens if these reports prove not to be true. He asked if the developer would be willing to post a performance bond to correct any legitimate problems that might arise from the development. He stated that in his heart he wants to vote against this proposal; however, he does not like what now exists on the parcel and felt the original development plan which was approved provided an alternative. He stated that he wants to make sure there aren't any problems arising from Burger King locating on this site and to protect the interests of the neighborhood. Councilwoman Jorgenson stated that she shares Councilman Schneider's concerns. She stated that she is not sure a drive- through is what this development needs. She stated that this � development was to be a walk-in shopping center and the entire process is now being changed. She stated that the loading area is being changed because it interferes with the drive-through window which may be a problem. She asked if there was a way to stipulate that if the drive-through window was a nuisance, it could be eliminated. Mr. Herrick stated he would envision that this would be a problem with the developer, particularly in dealing with their financing. He stated that if the financing institution is placing a substantial weight on a Burger King operation, and if they might be limited in how they conduct their business, he felt this would be a situation that may be difficult for the developer to accept. Mr. Guzy stated that this drive-through will be sheltered from adjacent properties by the retaining wall and landscaping which he felt was a "safety factor." Councilwoman Jorgenson stated that it may be a"safety factor," but to the neighbors it is an intrusion in their neighborhood and is something that was not in the plan when it was approved a year ago. She stated that a retaining wall can be constructed, but beyond the first few homes, there will be noise regardless of the wall. She stated that a walk-in shopping center was approved, and she cannot live with a drive-through on this site. � Mr. Ericson, the developer, stated that he would suggest a six month or one year review and would be willing to stipulate to a G�� FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 25, 1991 PAGE 8 � reasonable escrow that would be initiated with the permanent financing. He stated that the escrow could be used to address any problems that may arise once Burger King is operating. He stated that the disbursement of the escrow £unds could be determined by the City. Councilman Schneider felt that the escrow funds could be used in areas such as traffic if there is a problem and a study needs to be done or for costs involving the double baffle system if it does not work. Mr. Ericson stated he understands that the median is not guaranteed for any period of time by any City. He asked if there was anything in place at this time that makes the Council think that the median system that now exists would not be there when they open the shopping center. Councilman Billings stated tha�, as o£ this date to the best of his knowledge, there are no changes on the County plan; however, this does not mean that in the future there will not be a change. He stated there will be hearings that the County will be conducting, and they may decide to extend the median. Councilman Fitzpatrick asked if the impact of the scheduled � reconstruction at University and Mississippi was taken into consideration in the traffic study. Mr. Flora, Public Works Director, stated that in designing the intersection, development was reviewed for all four quadrants. He stated that he did not believe the plans for improvement of the intersection would have any unforeseen impact on the proposed development. Mr. Blue, representing Burger King, stated that Burger King has operated at their current facility for the last fifteen years and, to his knowledge, there has not been any substantiated problems with the noise or odor, and they do not have a double baffle filtration system for odors. He stated that there is some fencing on their property, but no concrete wall, and there is an apartment building behind their business. Councilman Fitzpatrick stated that he believed the developer and Burger King are making an honest effort to cooperate in every way to address the concerns. He stated that, however, the wall would be a problem for those living on 66th Avenue, as he would not like the wall outside his door. He felt that the location of a Burqer King on this site would be too intrusive in the neighborhood. MOTION by Councilman Schneider to table this item to later in the 1 meeting to give the developer and City Attorney an opportunity to review language relative to an escrow. Seconded by Councilman f���r FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 25, 1991 PAGE 9 � Billings. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 3. ORDINANCE NO. 965 ESTABLISHING A NEW CHAPTER OF THE CITY CODE OF THE CITY OF FRIDLEY, CHAPTER 127, ENTITLED "SEXUALLY ORIENTED BUSINESSES": Mayor Nee stated that the Council has had a first reading of this ordinance, and some minor chanqes have been incorporated in the content for the second reading. Ms. Dacy, Community Development Director, outlined the minor changes. She stated that under Section 127.02, Definitions, each definition has been changed to include reference to the exclusion of minors. She stated that under Section 127.D9.1.D, the original draft required references from two individuals in Anoka County, and this has been changed to require two references from anyone in the State of Minnesota. She stated that under Section 127.07.A, the proposed language deletes the original section and proposes that materials which are defined by Minnesota State Statute to be "harmful to minors" must be screened from view. MOTION by Councilman Fitzpatrick to waive the second reading and adopt Ordinance No. 965 on the second reading. Seconded by � Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 4. OR�INANCE NO. 966 RECODIFYING SECTION 205 OF THE FRIDLEY CITY CODE ENTITLED "ZONING" BX AMEPdDING SECTIONS 205.14.O1.A. 205.15.01.A, 205.17.O1.C, AND 205.18.O1.C: MOTION by Councilwoman Jorgenson to waive the second reading and adopt Ordinance No. 966 on second reading and order publication. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 5. ORDINANCE ND. 967 RECODIFYING THE FRIDLEY CITY CODE. CHAPTER 125, ENTITLED "SAUNAS AND MASSAGE PARLORS" BY AMEN6IIdG SECTION 125.09.06: MOTION by Councilman Schneider to waive the second reading and adopt Ordinance No. 967 on second reading and order publication. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. NEW BUSINESS: 6. APPROVAL OF SUMMARY ORDINANCE FOR ORDINANCE ESTABLISHII3G A NEW CHAPTER OF THE CITY CODE OF THE CITY OF FRIDLEY, CHAPTER � 127, ENTITLED "SEXUALLY ORIENTED BUSINESSES": MOTION by Counoilman Fitzpatrick to approve the Summary Ordinance J8t FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 25, 1991 PAGE 10 � for Ordinance No. 965 Por purposes of publication. Seconded by Councilman Schneider. 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 6. 1991: A. SPECIAL USE PERMIT, SP #91-01, BY ST. PHILIP'S LUTHERAN CHURCH. TO ALLOW CHURCHES IN AN R-3. GENERAL MULTIPLE FAMILY DWELLING DISTRICT, ON OUTLOTS 1 AND 2 AND THE VACATED SERVICE ROAD, BLOCK 2. MOORE LAKE HIGHLANDS 4TH ADDITION. GENERALLY LACATED AT 6180 HIGHWAY 65 N.E.: Ms. Dacy, Community Development Director, stated that this special use permit is requested in order to allow about an 8,000 square foot addition to St. Philip's church to the southwest of the existing structure. She stated that it is proposed that additional parkinq will be added on the northwest and northeast sides of the building. She stated that the first driveway west of the intersection of West Moore Lake Drive and Highway 65 will be closed which will greatly enhance the traffic pattern. Ms. Dacy stated that the Planning Commission has recommended approval of this special use permit with three stipulations which � she outlined. MOTION by Councilman Schneider to concur with the recommendation of the Planning Commission and grant Special Use Permit, SP #91-01, with the following stipulations: (1) The petitioner shall maintain cross-parking easements with Miller Funeral Home, and a copy of said easement shall be submitted to the office of Community Development. If the easement agreement is terminated, the request shall be reevaluated by the Planning Commission; (2) A landscape plan meeting the code requirements shall be submitted by the petitioner with phased installation indicated on the plan; and (3) A five foot road easements shall be dedicated to the City along the north property line. Seconded by Councilman Fitzpatrick. Councilwoman Jorgenson stated that she would abstain from voting as she is a member of St. Philip's. UPON A VOICE VOTE TAKEN ON THE ABOVE MOTION, Councilman Schneider, Councilman Fitzpatrick, Councilman Billings and Mayor Nee voted in favor of the motion. Councilwoman Jorgenson abstained from voting on the motion. Mayor Nee declared the motion carried. Councilman Billings noted the comment made by Don Betzold, Chairman of the Planning Commission, regarding the City coordinating the work schedule for the right turn lane at Highway 65 and West Moore � Lake Drive with the church's construction. He requested that staff do everything they can to coordinate these efforts. � � � UH4 FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 25. 1991 PAGE 11 MOTION by Councilman Fitzpatrick to receive the minutes of the Planing Commission Meeting of February 6, 1991. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. $. RECEIVE AN ITEM FROM THE APPEALS COMMISSION MEETING OF FEBRUARY 5, 1991: A. VARIANCE REOUEST. VAR #90-01, BY ST. PHILIP'S LUTHERAN CHURCH TO REDUCE THE HARD SURFACE SETBACK FROM 20 FEET TO 15 FEET AND 10 FEET: TO REDUCE THE DRIVING AISLE WIDTH FROM 25 FEET TO 20 FEET AND 22 FEET FOR TWO-WAY TRAFFIC AND FROM 18 FEET TO 15 FEET FOR ONE-WAY TRAFFIC: TO ALLOW THE INTERIOR ALTERATION OF THE EXISTING BUILDING AND TO ALLOW THE CONSTRUCTION OF AN ADDITION OF APPROXIMATELY 7,OOD SpUARE FEET, ON OUTLOTS 1 AND 2, AND THE VACATED SERVICE ROAD, BLOCK 2. MOORE LAKE HIGHLANDS 4TH ADDITION, THE SAME BEING 6180 HIGHWAY 65 N.E.: Ms. Dacy, Community Development Director, stated that staff recommends approval of the variances except for the one to reduce the hard surface setback from a property line from 20 to 15 feet along the northerly property line for the northwesterly parking lot. She stated that there is another alternative which would not necessitate a variance. She stated that reductions in the widths for the two-way and one-way driving aisles should not be a problem. Ms. Dacy stated that the Appeals Commission recommended approval of the variances. MOTION by Councilman Schneider to concur with the recommendation of the Appeals Commission and grant Variance Request, VAR #90-01. Seconded by Councilman Fitzpatrick. Upon a voice vote, Councilman Schneider, Councilman Fitzpatrick and Mayor Nee voted in favor of the motion. Councilwoman Jorgenson abstained from voting on the motion. Councilman Billings was absent when the vote was taken. Mayor Nee declared the motion carried. 9. VARIANCE REOUEST, VAR #90-32, BY FIRST WESTERN DEVELOPMENT CORPORATION (TABLED 2/11/911: MOTION by Councilman Fitzpatrick to table this item to March 4, 1991. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 10. A�proval OF REVISED COMPREHENSIVE SIGN PLAN FOR 100 OSBORNE ROAD N.E.: Ms. Dacy, Community Development Director, stated that the Sign Ordinance requires Council approval of a sign plan for multi-tenant buildings in excess of three tenants. She stated that staff recommends approval of this sign plan. �8a FRIDLEY CITY COUNCIL MEETTNG OF FEBRUARY 25, 1991 PAGE 12 ' Councilman Billings stated that he would like something from the owner and his attorney indicating what the sign plan consists of so there is no misunderstanding. MOTION by Councilman Billings to table this item to March 4, 1991. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 11. CONSIDERATION OF THE 1991 COMMITNITY DEVELOPMENT BLOCK GRANT APPLICATION: MOTION by Councilman Fitzpatrick to approve the 1991 CDBG application with $77,848 committed to the Riverview Heights project and $38,835 committed to human services; and to authorize staff to trade funds with the City of Coon Rapids. Seconded by Councilman Schneider. Councilman Billings stated that he wondered how advantageous it might be to divert funds for human services into other areas because of budget cuts by the State and a reduction in funding to the City. Ms. Dacy felt that it may be a good idea to have a planning process to determine the City's objectives for the 1992 CDBG allocation. � She stated that because this is a Federal grant there are certain requirements as far as capital improvement projects are concerned. Councilwoman Jorgenson stated that it is her understanding that President Bush is looking at allocating CDBG funds directly to the State. She stated that this may result in a decrease of the funding for next year. Councilman Billings stated that this is why he felt priorities for this funding should probably be reviewed. He stated that when he served on the Human Resources Commission, one of the guidelines used for distribution of these funds was to use the funds as seed money to begin projects. He stated that the Commission did not want it to be long-term financing for projects. He stated that it seems the same organizations receive financing over and over, and there is not any growth of new human services in the community. Councilman Billings stated that if CDBG funds are no longer available, these organizations depend tremendously on the City, and if the City does not come up with property tax money, the organizations would disappear. He stated that he certainly understands the needs in the human services area, but questions how many layers of government have to provide human services in the state. � Ms. DaCy stated that the test for CDBG funds is that thay must benefit low and moderate income persons or be used for the removal of slum and blight. She stated that she knows the Human Resources � � ' �$� FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 25, 1991 PAGE 13 Commission has the same concern expressed by Councilman Billings. She stated that 5teve Barg has written an article in the Focus encouraging new applications. Ms. Dacy said she believed the Commission wants to set out on the goals to which Councilman Billings has eluded. Councilwoman Jorgenson stated that she would be willing to work with the Human Resources Commission and Councilman Billings regarding the possibility of diverting these funds into other areas. She stated that there are a number of ways these funds can be used in the community. UPON A VOICE VOTE TAKEN ON THE ABOVE MOTION, all voted aye, and Mayor Nee declared the motion carried unanimously. 12. RECEIVE BIDS AND AWARD CONTRACT FOR THE SKID-STEER LOADER AND COLD PLANER: MOTION by Councilman Schneider to receive the following bids for the skid-steer loader and cold planer: Planholder Lano Equipment 3021 West 133rd St. Shakopee, MN 55379 Big Bear Equipment, Inc. 10405 "J" Street Omaha, NE 68127 Aggregate Construction P. O. Box 3094 Des Moines, IA 50316 Total Bid $22,790.Q0 $24,862.00 $29,900.00 Seconded by Councilwoman Jorqenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Mr. Flora, Public Works Director, stated that Lano Equipment was the low bidder for this equipment at $22,790.00. He stated that the bid was for $19,810.14 for the skid-steer loader, $9,179.86 for the cold planer, less a$6,200 trade-in allowance for the 1974 Walden Loader. He stated that $23,500 has been budgetad £or this equipment in the Capital Outlay Budget, and it is recommended that Lano Equipment be awarded the contract. MOTION by Councilman Schneider to award the contract for the skid- steer loader and aold planer to the low bidder, Lano Equipment, in the amount of $22,790.00. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. � ' � �8� FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 25, 1991 PAGE 14 13. RECEIVE BIDS AND AWARD CONTRACT FOR 1991 TREE AND STUMP REMOVAL• MOTION by Councilwoman Jorgenson to receive the following bids for the 1991 tree and stump removal: Company Arps Tree Service 17845 Hanson Boulevard Anoka, MN 55304 Whitesell Tree Service 321 - 109th Avenue NW Coon Rapids, MN 55433 Tree Size 0 - 5.9" DBH 6" - 7.9" DBH 8" - 9.9" DBH 10" - 11.9" DBH 12" - 13.9" DBH 14" - 15.9" DBH 16" - 17.9" DBH 18" - 19.9" DBH Per 2" increment over 20" DBH 0 - 5.9" DBH 6" - 7.9" DBH 8" - 9.9" DBH 10" - 11.9" DBH 12" - 13.9" DBH 14" - 15.9" DBH 16" - 17.9" DBH 18" - 19.9" DBH Per 2" increment over 20" DBH Total Bid $ 36.00 $ 54.00 $ 75.00 $ 99.00 $126.00 $156.00 $184.50 $220.00 $ 30.00 $ 59.00 $ 79.00 $ 99.00 $119.60 $139.00 $159.00 $215.80 $238.80 $ 15.00 Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Mr. Flora, Public Works Director, stated that Arps Tree Service was the low bidder for various tree sizes, and it is recommended that they be awarded the 1991 tree and stump removal contract. MOTION by Councilman �'itzpatrick to award the contract for the 1991 tree and stump removal to the low bidder, Arps Tree Service. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 14. APPROVAL OF DISPOSITION OF TAX FORFEIT LAPdD IN FRIDLEY: Mr. Flora, Public Works Director, stated notice has been received from the Anoka County Land Commissioner that four parcels of land will become tax £orfeit. He stated that parcels identified as 1 and 2 are in the Plood plain and only 50 feet wide. Ae stated that these properties should be sold to abutting property owners for additional green area. He stated that Parcels 3 and 4 are buildable, with some creative engineering and planning, and should be sold for development. - u�� FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 25. 1991 PAGE 15 � MOTION by Councilman Fitzpatrick to approve the disposition of these parcels as follows: Parcels 1 and 2 to be sold to abutting proparty owners for additional green area and Parcels 3 and 4 are buildable and should be sold for development. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 15. APPROVAL OF ADVERTISEMENT FOR BIDS FOR THE .5 MG WATER TANK PAINTING/ALTITUDE VALVE AND VAULT INSTALLATION, PROJECT NO. ziz: Mr. Flora, Public Works Director, stated that HNTB has prepared the plans and speci£ications for the .5 MG water tank painting/altitude valve and vault installation. He stated that in order to coordinate the planning and improvements to the .5 MG tank with the online installation of the 1.5 MG tank, there should be an early bid so the contractors can coordinate the various construction activities. MOTION by Councilman Schneider to authorize the advertisement for bids for the .5 MG water tank painting/altitude valve and vault installation, Project No. 212. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. � 16. RESOLUTION NO. 21-1991 ESTABLISHING A WATER CONSERVATION PROGRAM FOR THE SUMMER OF 1991: MOTION by Councilman Schneider to adopt Resolution No. 21-1991. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 17. RESOLUTION NO. 22-1991 ORDERIPdG ADVERTISEMENT FOR BIDS; REMOVAL AND REPLACEMENT OF MISCELLANEOUS CONCRETE CURB. GUTTEA AND SIDEWALK - 1991: MOTION by Councilman Schneider to adopt Resolution No. 22-1991. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 18. RESOLUTION N0. 23-1991 ORDERING PRELIMINARY PLANS. SPECIFICATIONS AND ESTIMATES OF THE COSTS THEREOF: STREET IMPROVEMENT PROJECT NO. ST 1991 - 2: Mr. Flora, Public Works Director, stated that this project involves the widening of 73rd Avenue from Symphony to Baker Street. He stated that the project will include the widening of 73rd to 50 feet, construction of a bikeway along the south edge of 73rd Avenue, a bikeway through the Target Distribution Center property, � and construction of a bikeway along the west side of University Avenue from 73rd to the Community Park. �J �I �J��f FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 25, 1991 PAGE 16 MOTION hy Councilman Fitzpatrick to adopt Resolution No. 23-1991. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 19. RESOLUTION NO. 24-1991 RECEIVING THE PRELIMINARY REPORT AND CALLING FOR A PUBLIC HEARING ON MARCH 4, 1991, ON THE MATTER OF THE CONSTRUCTION OF CERTAIN IMPROVEMENTS: STREET IMPROVEMENT PROJECT NO. ST 1991 - 2: MOTION by Councilman Schneider to adopt Resolution No. 24-1991. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carriefl unanimously. 20. RESOLUTION N0. 25-1991 PROVIDING ASSISTANCE TO CERTAIN EMPLOYEES OF THE CITY OF FRIDLEY WHO ARE CALLED TO SERVICE DURING THE CURRENT CONFLICT BETWEEN IRAO AND THE UNITED STATES AND ITS ALLIES• Mr. Burns, City Manaqer, stated that this resolution is to provide assistance to employees of the City who are regularly employed for thirty hours or more per week and have been called to active duty. He stated that the City shall pay the difference between the employee's total military compensation and the regular wages which the employee otherwise would have received from the City. He stated that the resolution also provides for those employees who are eligible for the Plexible benefit program and who wish to continue in it during their involuntary military service, that the City, for a period not to exceed six months, shall continue its contribution to whichever option had been chosen prior to the employee's call to active military service. MOTION by Councilman Fitzpatrick to adopt Resolution No. 25-1991. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 21. APPOINTMENT TO HOUSING AND REDEVELOPMENT AUTHORITY: Mayor Nee stated that he has received Walter Rasmussen's resignation from the HRA due to illness and asked that the Council receive this resignation. MOTION by Councilman Schneider to receive Walter Rasmussen's resignation from the HRA. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Mayor Nee stated that he wished to appoint ,T. R. McFarland, President of the Northeast State Bank of Minneapolis, Columbia Heights, and Coon Rapids. He stated that prior to this position, � Mr. McFarland was an officer of Grover's National Bank, as well as other banks, and has an extensive background in insurance and finance. He stated that he believed Mr. McFarland would be a great �83 FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 25, 1991 PAGE 17 ' asset to the HRA and requested the Council's concurrence with this appointment. MOTION by Councilman Billings to concur with Mayor Nee's appointment of J. R. McFarland to the HRA. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 2. AMENDMENT TO THE ADOPTION OF THE REDEVELOPMENT PLAN FOR FRIDLEY TOWN SOUARE DEVELOPMENT, TO CONSIDER ADDING A DRIVE- THROUGH WINDOW FOR A FAST FOOD RESTAURANT ON THE WEST SIDE OF THE PROPOSED BUILDING. THE PROPERTIES INCLUDED IN THIS REDEVELOPMENT PLAN ARE 355 MISSISSIPPI STREET, 368 - 66TH AVENUE. AND 6525 UNIVERSITY AVENUE (TABLED EARLIER): Mayor Nee removed this item from the table for further discussion by the Council. Mr. Guzy, attorney representing the developer, stated the developer has agreed that he would escrow $10,000 six months after occupancy for a period of two years. He stated that there shall be a site review by the City staff and the developer every six months during the two-year escrow period. He stated that the City may correct any violations of stipulations which are not corrected by the � developer to the satisfaction of the City within thirty days after notice to the developer. Mr. Guzy stated that in regard to the traffic, the City staff shall have the absolute right to request a traffic study after one year to be funded by the escrow money. He stated that if there are traffic problems, as determined by the study, modifioations on the developer's site, as needed, shall be paid for by the developer. Councilman Schneider asked about any other problems that were not addressed. Mr. Guzy stated that this would not take away from Burger King's obligation to review the hours of operation. Councilman Schneider questioned if there is an understanding that Burger King would adjust their hours if there are problems, would this be enforceable. Mr. Herrick stated that he believed it was enforceable; however, he felt it would have to involve more than one incident. He stated that if problems occurred over an established period of time Burger King could be notified that the type of clients they have is disturbing the neighborhood and request that they honor the letter to shorten the hours of operation. � MOTION by Councilman Schneider to amend the amendment to the Redevelopment Plan by adding four additional stipulations as ��� FRIDLEY CITY COUNCIL MEETING OF FEHRUARY 25, 1991 PAGE 18 � follows: (1) The developer shall escrow $10,��0 six months after occupancy for a period of two years; (2) There shall be a site review by City staff and the developer each six-month period during the two-year escrow period; (3) The City may correct any violations of stipulations not corrected by the developer to the satisfaction of the City within thirty days after notice to the developer; (4) The City staff shall have the absolute right to request a traffic study after one year to be funded by escrow money and, if there are traffic problems, as determined by the study, modifications on the developer's property as needed shall be paid for by the developer. Seconded by Councilman Billings. Upon a voice vote, Councilman Schneider, Councilman Billings, Councilman Fitzpatrick and Mayor Nee voted in favor of the motion. Councilwoman Jorgenson voted against the motion. Mayor Nee declared the motion carried. Mr. Ohlsson, 376 - 66th Avenue, stated that a number of the neighboring residents have not appeared this evening because they made their comments known at the Planning Commission meeting, and it is documented in the minutes. He stated that many felt it was redundant to reiterate their opposition to the shopping center pertaining to traffic problems, noise, and odors. MOTION by Councilman Billings to amend Stipulation No. 1 of the original ten stipulations of this amendment to the Redevelopment � Plan as follows: (1) The screening wall shall be extended to University Avenue. The landscaping plan sha11 be revised to add additional Evergreens along 66th Avenue and Ivy plantings along the wall. A three-foot continuous hedge and trees for every fifty feet of driveway should also be provided along University Avenue. Seconded by Councilman Fitzpatrick. Upon a voice vote, Councilman Billings, Councilman Fitzpatrick, Councilman Schneider and Mayor Nee voted in favor of the motion. Councilwoman Jorgenson voted against the motion. Mayor Nee declared the motion carried. UPON A ROLL CALL VOTE TAKEN ON THE ORIGINAL MOTION TO APPROVE THE AMENDMENT TO THE REDEVELOPMENT PLAN WITH THE 10 STIPULATIONS (AS SHOWN IN THE MINUTES ON P1�GES 5 AND 6), Councilman Billings, Mayor Nee and Councilman Schneider voted in favor of the motion. Councilman Fitzpatrick and Councilwoman Jorgenson voted against the motion. Mayor Nee declared the motion carried by a 3 to 2 vote. 22. INFORMAL STATUS REPORTS: There were no informal status reports. 23. CLAIMS• MOTION by Councilwoman Jorgenson to authorize payment of Claims No. 36289 through 36498. Seconded by Councilman Schneider. Upon a � voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. � L J � J �1 J FRIDLEY CITY COUNCIL MEETING OF FEBRIIARY 25, 1991 PAGE 19 24. LICENSES: MOTION by Councilman Billings 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. 25. ESTIMATES: MOTION by Councilman Fitzpatrick to approve the estimates as submitted: Newqui5t & Ekstrum, Chartered 301 Fridley Plaza Office Building 6401 University Avenue N.E. Fridley, MN 55432 Services Rendered as City Prosecuting Attorney for the Month of November, 1990 ..$ 8,172.00 Services Rendered as City Prosecuting Attorney for the Month of December, 199D ..$ 7,206.OD HNTB 6700 France Avenue South Minneapolis, MN 55435 1. Inspection of the 1.5 MG Elevated Water Reservoir Project No. 202 Partial Estimate. . . . . . . . . . . . $ 704.00 2. Design and Improvements to Well No. 12 & 63rd Avenue Booster Station, Project No. 204 Partial Estimate. . . . . . . . . . . . $ 4,837.12 Fitt-Des Moines, Inc. (PDM) P. O. Box 1596 Des Moines, IA 50306 Construction of the 1.5 MG Water Reservoir, Project No. 201 Estimate No. 5 . . . . . . . . . . . . . . . $37,872.98 Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. ��3 FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 25, 1991 PAGE 20 � ADJOURNMENT• MOTION by Councilwoman Jorgenson to adjourn the meeting. Seconded by Councilman Schneider. 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 25, 1991 adjourned at 9:35 p.m. Respectfully submitted, Carole Haddad William J. Nee Secretary to the City Council Mayor Approved: � �