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08/14/1995 - 00001344� �� �I THE MINUTES OF THE REGULAR MEETING OF THE FRIDLEY CITY COUNCIL OF AUGUST 14, 1995 The Regular Meeting of the Fridley City Council was called to order at 7:40 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: MEMBERS ABSENT: Mayor Nee, Councilwoman Sorgenson, Councilman Sillinqs, Councilman Schneider and Councilwoman Bolkcom None CERTIFICATE OF APPRECIATION: FRIDLEY LIONS CLUB: Mayor Nee presented a certificate of appreciation to Mr. Clayton Storley and Mr. Jim Golden, representing the Fridley Lions Club, for the construction of a shelter at Community Park. He stated that the Lions Club has been an outstanding participant in contributing to the community. Mr. Storley stated that it is the Lions Club's pleasure to be able to help and to provide something that can be used by the residents of the community. APPROVAL OF MINUTES: COUNCIL MEETING, JULY 24, 1995: MOTION by Councilman Schneider to approve the minutes as presented. Seconded by Councilwoman Bolkcom. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. APPROVAL OF CONSENT AGENDA: 1. ORDINANCE N0. 1054 TO AMEND THE CITY CODE OF THE CITY OF FRIDLEY. MTNNESQTA, BY MAKING A CHANGE IN ZONING DISTRICTS REZONING REQUEST, ZOA #95-04, BY HOME DEPOT USA, INC., TO REZONE FROM C-2, GENERAL BUSINESS, AND M-2, HEAVY INDUSTRIAL, TO C-3, GENERAL SHOPPING CENTER DISTRICT, GENERALLY LOCATED NORTH OF I-694 AND EAST OF EAST RIVER ROAD) (WARD 3): Mr. Burns, City Manager, stated that this rezoning is for the Home Depot store which is to be located on a site north of � � � FRIDLEY CITY COUNCIL MEETING OF AUGUST 14, 1995 PAGE 2 I-694 and west of Main Street. He stated that the parcel is to be rezoned from C-2 and M-2 to C-3. WAIVED THE READING AND ADOPTED ORDINANCE NO. 1054 ON THE SECOND READING AND ORDERED PUBLICATION. 2. APPROVE AGREEMENT FOR THE CURBSIDE COLLECTION OF TREE BRANCHES AND BRUSH BETWEEN THE CITY OF FRIDLEY AND CERES ENVIRONMENTAL fTABLED JULY 24, 1995): Mr. Burns, City Manager, stated that at the last meeting, Council was concerned if an hourly rate was the best way to proceed. He also said that the contract did not provide adequate protection for the City. He stated that the contract has been revised and provides for monitoring, a date for completion of the project and contract termination to allow cancellation of the contract if the contractor is not making adequate progress toward completion of the pro�ect. He stated that there are also incentives, as well as penalties, if the project is not completed on time. APPROVED AGREEMENT WITH CERES ENVIRONMENTAL FOR THE CURBSIDE COZLECTION OF TREE BRANCHES AND BRUSH. NEW BUSINESS' 3. RECEIVE THE MINUTES OF THE PLANNING COMMI5SION MEETING OF JULY 19. 1995• RECEIVED THE PLANNING COMMISSION MINUTES OF JULY 19, 1995. 4. SPECIAL USE PERMIT REQUEST, SP �95-07, WILLIAM AND NANCY WILES, TO ALLOW A CLASS II RESTAURANT IN A C-l. LOCAL BUSINESS ZONING DISTRICT. GENERALLY LOCATED AT 7429 EAST RIVER ROAD N.E. (A & W RESTAURANTI (WARD 3): Mr. Burns, City Manager, stated that a special use permit is required to allow a Class II restaurant in a C-1 zoning district. He stated that when changes were made to this restaurant, several variances and a special use permit were required. He stated that the variances have been approved, and it is recommended that this special use permit be approved with four stipulations. GRANTED SPECIAL USE PERMIT, SP #95-07, WITH THE FOLLOWING STIPULATIONS: (1) ALL LIGHTING SHALL HE OF SHIELDED DOWNCAST DESIGN; (2) NO INTERCOM DEVICES SHALL BE AUDIBLE BEYOND THE PROPERTY LINES; (3) THE PETITIONER SHALL INSTALL B618 CONCRETE CURB AND GUTTER ALONG THE EAST AND SOUTH PROPERTY LINES THAT SHALL INCLUDE A CURB ALONG THE EAST AND WEST EDGE OF THE DRIVE SERVING THE PROPERTY TO THE SOUTH; AND (4� ALL DUMPSTERS SHALL BE FULLY SCREENED SO NOT TO 8E VISIBLE �ROM THE PUBLIC RIGHT- OF-WAY OR ADJACENT PROPERTIES. � � � FRIDLEY CITY COUNCIL MEETING OF AUGUST 14, 1995 PAGE 3 5. APPROVE SEVENTH RIDER TO AGREEMENT BETWEEN THE BOARD OF WATER CQMMI5SIONERS OF THE CITY OF ST, PAUL AND THE CITY QF FRIDLEY FOR BITUMINOUS PATH CROSSING OF ST. PAUL WATER WORKS WATER MAINS (WARD 3 L Mr. Burns, City Manager, stated that this rider is necessary, as the proposed bikeway/walkway system on Osborne Road will parallel the St. Paul Water Works utility easement. He stated that this bikeway/walkway will be completed in conjunction with the County improvements on Osborne Road. APPROVED SEVENTH RIDER TO THE AGREEMENT BETWEEN THE CITY AND THE BOARD OF WATER CDMMISSIONERS OF THE CITY OF ST. PAUL. 6. RESOLUTION AUTHORIZING CHANGES IN APPROPRIATIONS FOR THE GENERAL FUND, CABLE T.V. FUND, GRANT MANAGEMENT FUND, HRA REIMBURSEMENT FUND, DRUG AND GAMBLING FORFEITURE FUND, HOIISING REVITALIZATION FUND AND THE CAPITAL IMPROVEMENT FUND FOR THE YEAR 1994• 7 �'-� �] Mr. Burns, City Manager, stated that this is an annual procedure, and all adjustments have been approved by Council. He stated that these adjustments arise as a result of donations, unforeseen expenditures, auditor adjustments, and items budgeted in the wrong categories. THIS ITEM WAS REMQVED FROM THE CONSENT AGENDA AND PLACEU ON THE REGULAR AGENDA. CLAIMS' APPROVED CLAIM NOS. 63201 THROUGH 63628. LICENSES• APPROVED THE LICENSE3 AS SUSMITTED AND AS ON FILE IN THE LICENSE CLERK�S OFFICE. ESTIMATES• THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA AND PLACED ON THE REGULAR AGENDA. Mayor Nee requested that Item 6 be removed and placed on the regular agenda. Councilwoman Bolkcom requested that the estimates be removed and placed on the regular agenda, as she wished to abstain from voting on the estimate for Lunda Construction which involves the Locke Lake dam restoration. There were no comments from the audience regarding the consent agenda items. FRIDLEY CITY COUNCIL MEETING OF AUGUST 14, 1995 PAGE 4 � MOTION by Councilman Schneider to approve the consent agenda items, with the exception of Items 6 and 9. Seconded by Councilwoman Jorgenson. 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 with the addition of Items 6 and 9 from the consent agenda. Seconded by Councilwoman Bolkcom. 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 HEARINGS• 10. PUBLIC HEARING ON PLAT REOUEST, P.S. #95-01, BY THE ROTTLUND COMPANY, INC. AND PUBLIC HEARING ON REZONING REQUEST, ZOA #95-01, BY THE ROTTLUND COMPANY, INC. � AND PUBLIC HEARING ON VACATION REQUEST, SAV #95-02, BY THE ROTTLUND COMPANY, INC., GENERALLY LOCATED SOUTH OF MISSISSIPPI STREET. WEST OF UNIVERSITY AVENUE AND NORTH OF SATELLITE LANE (WARD 1) (CONTINUED FROM JULY 24, 1995� Mayor Nee re-opened these public hearings, which had been continued from the July 24, 1995 City Council meeting, at 8:50 p.m. Ms. Dacy, Community Development Director, stated that these public hearings involve The Rottlund Company's development in the south- west quadrant of Mississippi Street and University Avenue. She stated that in conjunction with the development, there is a re- zoning request to rezone from C-3 and R-3 to S-2; a plat request; and a vacation request. Ms. Dacy stated that at the last meeting, there was discussion regarding the alignment of Third Street. She said various options will be presented this evening. She stated that the developer's traffic consultant has conducted additional traffic counts at Second Street, Mississippi Street, and Third Street. Ms. Dacy stated that another issue is the proposed 48 units of condominiums in two 24 unit buildings. She stated that the cost � to construct these units is higher than anticipated, and the developer was asked to research the cost of one building versus two buildings. She stated that the developer made another offer on the sale of the land which has been submitted to the Housing and Rede- FRIDLEY CITY COUNCIL MEETING OF AUGUST 14, 1995 PAGE 5 � velopment Authority {HRA). She stated that the HRA has directed staff to continue land sale negotiations with the developer. Ms. Dacy presented a short video on the proposed development which depicted the various types of housing in this development. Ms. Dacy reviewed the options for Third Street. She stated that Option 1 is essentially the option proposed by the developer to shift the most westerly Holly Shopping Center driveway 35 feet to the east and shift the existing Third Street driveway 35 feet east. She stated that Second Street would remain as it now exists. She stated that the County will accept this option, but wanted protected left turn lanes into Holly Shopping Center and the development. She stated that they requested medians to channel the left turn movements and widen the right-of-way to the south. Ms. Dacy stated that Option 2 was suggested by one of the residents at the July 24 meeting. She stated that the main entrance to The Rottlund development would be directly across from Second Street, and the configuration of the streets in the development would have to be changed. She stated that there would be no changes to the Holly Center driveway. Ms. Dacy stated that Option 3 combines various sub-options and � proposes a variety of parings to link the Second Street traffic with the Holly Center traffic. She stated that these options would involve land acquisition, either through an easement between the apartment building and the office building, or the acquisition of the office building to be demolished, and the relocation of driveways to the shopping center. Ms. Dacy stated that option 4 provides for two private accesses into the development. She stated that the driveway access across from Holly Center would remain, and there would be another private driveway access across from Second Street. Ms. Dacy stated that the County's comments for Option 2 were mixed. She stated the advantage is that this access would be located the farthest from University Avenue, but it would be close to the retaining walls of the railroad underpass so that would eliminate the opportunity for any protected left turn movements. She stated that a signal at this intersection may negatively impact the traffic because of the type of phasing that would be required. She stated that option 3 would be difficult because of the need for land acquisition and/or the removal of structures. Mr. Jeff Holstein, Traffic Consultant with BRW, Inc., stated that after the July 24 Council meeting, additional traffic data was � collected. He stated that the average time it takes vehicles to access onto Mississippi Street from Second Street is 25 to 30 seconds. He stated that this would place that intersection in the Class C or D level of service, and there appears to be no safety � � FRIDLEY CITY COUNCIL MEETING OF AUGUST 14, 1995 PAGE 6 or congestion problems at this intersection. He reviewed the sixteen hour traffic counts on Second and Third Streets. Mr. Holstein stated that the options for access to The Rottlund development should be evaluated. He stated that since there are qrade problems to the west it would be difficult to install a left turn lane because of the railroad overpass. He stated that there is also the consideration that the County would like to limit the access onto Mississippi Street to promote through traffic. Mr. Holstein felt that Option 1 with the main access to The Rottlund development aligning with the Holly Center driveway would not negatively impact the traf£ic, as this development would generate only about one-third of the traffic that was previously generated before this development. Mr. Holstein stated that in reviewing the traffic speeds on Mississippi Street there appears to be some speeding over the 40 m.p.h. threshold. He stated that the street is posted for 35 m.p.h. He stated that under Options 1 and 3, the City would meet the warrant requirements for a signal. He stated under Option 4, the Second Street intersection would not meet the requirements, but the Third Street intersection would qualify. He stated that under Option 2, the City would not meet the warrant requirements for a signal. He then reviewed some of the advantages and disadvantages of each of the options presented for the Rottlund development. Ms. Dacy stated that if the City did meet the warrant requirements, the earliest there could be signalization would be five to six years. She stated that she understands the County would fund 25 percent of the cost, and the City would be responsible for the other 75 percent. Mr. Todd Stutz, Rottlund Company, Inc., stated that since this past January when they entered into an agreement with the Housing and Redevelopment Authority, two major issues have been identified. He stated that one relates to the Mississippi Street entrance, and the other relates to the costs associated with the proposed condominium units. Mr. Stutz stated that an option for access to their development is to locate the entrance 35 feet to the west where the existing Third Street entrance is now located. He stated that another option would be the construction of a driveway or private street entrance to align with existinq Second Street. He stated that these alter- natives would result in the loss of two units. ' Mr. Stutz stated that in regard to the condominium units, they are concerned about the costs associated with the construction of these units, as they are more than anticipated. He stated that they will continue to negotiate for a lower price on the land. � � � FRIDLEY CITY COUNCIL MEETING OF AUGUST 14, 1995 PAGE 7 Councilman Billings asked what option most closely resembles the original plan presented in December, 1994. Mr. Stutz stated that he believed it was Option 4. He stated that what was proposed was a main entrance across from the Holly Center driveway and a second entrance directly across from Second Street. Councilman Billings questioned if the County would require chan- nelization if the Holly Center driveway was moved 35 feet to the east and the main entrance to the development was moved 35 feet east. He stated that the traffic from this development would be less than the traffic that was generated before the development. He stated that if the County requires channelization and there is less traffic, it would seem that they were in error not to require it at any earlier time. He stated that he would like this question addressed to the County. Councilman Schneider asked if trie dwelling units proposed in this development would cost more than what the developer anticipated. Mr. Stutz stated that the condominiums are the only part of the development where the costs are higher than anticipated. He stated that there has to be some concessions on the part of the City to help subsidize the units that are part of the condominium development. The Council received a petition from business owners in Holly Center in support of Rottlund's development. MOTION by Councilman Schneider to receive Petition No. 11-1995. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Mr. Bruce Lundberg, 230 Rice Creek Terrace, thanked Council for their efforts in providing the various options. He stated that the traffic study confirmed that speeds on Mississippi Street are higher than posted. He stated that at the last meeting he asked Council to consider the alignment of Second and Third Streets. He stated that he is not advocating that so much as slowing down the traffic. He thought a four-way stop may accomplish this objective. He felt that it may be beneficial for City staff, residents, business owners in Holly Center, and the County to discuss this issue. Mr. Lundberg felt that Option 3 did not meet with the approval of the residents or Holly Center owners. He stated that re-routinq Second Street through the shopping center would not be particularly appealing. He stated that he supports Rottlund's development and felt it would be a good addition to the City and for the school district. Mr. Leonard Passons, 6211 Rainbow Drive, stated that if the residents north of Holly Center need another exit, it would make � I�J � FRIDLEY CITY COUNCIL MEETING OF AUGIIST 14, 1995 PAGE S more sense to open another exit onto University Avenue. He stated that if Secottd Street is opened through the development, it would bring more traffic to his neighborhood south of the development. Mr. David Newman, 7635 Alden Way, stated that he was speaking on his own behalf and not as a member of the Planning Commission. He stated that when the concept of a residential development was first discussed for this site, it was decided that the City would set the criteria and standards for the type of development they wanted for the City. He stated that as the development process unfolded, he was very happy with Rottlund's plans for this parcel. He stated that he is very excited with the plan for the different types of housing and felt that Rottlund has accommodated the City's needs. He stated that he would not have voted for the project unless, ten years from now, he could drive by and still be proud of it. Mr. Newman stated that he has heard a lot about traffic and can sympathize with the concerns of the residents. He stated that while this is a busy intersection, there are a lot of other intersections in the City that are just as busy. He felt that the entrance is a critical part of the development, and Council should be mindful on how this affects the developer. He stated that the developer wishes to create a certain feeling of a neighborhood for thase who first come ta the site. Dr. Joseph Lapinski, 7680 Alden Way, stated that he agrees with Mr. Newman's comments. He stated that he is uncomfortable about acquisition of the medical building since that is where he has his dental practice. He stated that he does not feel there is a traffic problem at the Second Street intersection. He thought that if there was a signal, the wait to exit onto Mississippi Street would probably take longer than fifteen to twenty seconds. He stated that he did not see any point in aligning Second and Third Streets. He hoped Council proceeds with the project. Councilman Schneider stated that his objective was to do something to change the image of the City. He stated that this parcel is in the center of the community and can demonstrate the spirit of community now and in the future. He stated that he is very excited about the development, but he does not want to do something that is detrimental to the neighborhood. He stated that he did not feel this development would worsen the situation for residents north of the shopping center. He s�ated that he is supportive of some of the options presented this evening. MOTION by Councilman Schneider to close the public hearings. Seconded by Councilwoman Bolkcom. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the public hearinqs alosed at 9:27 p.m, RECESS: Mayor Nee called a recess at 9:29 p.m. � � � FRIDLEY CITY COUNCIL MEETING OF AUGUST 14. 1995 PAGE 9 RECONVENED: Mayor Nee reconvened the meeting at 9:39 p.m. All members of the Council were present. Mayor Nee stated that, with Council's permission, he would like to discuss what directions should be given to staff and Rottlund regarding the options that were presented. He stated that this involves the judgment of each Councilmember's vision of what is best for the community. Councilman Billings stated that he would prefer Option 4, but there are several questions he would like answered before he makes a final decision. He stated that he would like to know if the County would require channelization. He stated that he could not under- stand why it would be required, as there would be less traffic with this development than there was prior to the development. Ms. Dacy stated that Rot�lund's original proposal was for the driveway to l�e even closer to the intersection. She said that we were advised that this was not a good situation. She stated that it seemed that moving the driveway 35 feet to the east met the safety and engineering standards. She stated that Rottlund Company met with the owners of Holly Center to review a number of options, and the owners of the shopping center would prefer this option because it created a better traffic flow into their center. Councilman Billings stated that he preferred Option 4 because it would provide a second access to the project. He stated that if traffic backs up at the main entrance there would be a secondary access. He stated that he has difficulty in figuring why it should cost $170,000 to move the driveways 35 feet to the east. Ms. Dacy stated that when this item was before the Planning Commission, the City had not received any information from the County as to the extent of the improvements and the cost. She stated that when the access was designed, it was felt that the cost of shifting the Holly Center driveway to the east would be about $10,000 to $15,000. She stated that when they received a response from the County the cost was much higher. Councilwoman Bolkcom stated that most persons probably would not want the other access. She stated that she has not heard from residents to the south of this development regarding access. Ms. Dacy stated that at the Planning Commission meeting, there were some residents for and some against access through this development to Holly Center. Mr. Stutz stated that Rottlund's preference is to leave the entrance where it is presently proposed at the existing Third Street location. He stated that this would seem to be the most reasonable option at this point. � FRIDLEY CITY COUNCIL MEETING OF AUGUST 14, 1995 _ PAGE 10 Councilwoman Bolkcom stated that she favors option 1 so additional units would not be lost. She stated that probably another option would be Option 4 without the second driveway. Councilman Schneider stated that he would support whatever the developer felt would make this the most successful pro7ect. He 5tated that he did not want to spend $170,000 needlessly, but that figure is relatively small in comparison to the total project. He stated that he could live with Option 4 if that is what is required, but it is not his preference. Councilwoman Jorgenson stated that her first preference is for Option 4. She stated that she felt two entrances would be an asset. She stated that she cannot understand why channelization of this intersection is required now when it was not in the past. 5he stated that she would hate to redesign that entire intersection and cause the tenants of the shopping center to lose business. She stated that she could probably support Option 4, without the second driveway, depending on the response that is received from the County regarding channelization. Mr. Herrick, City Attorney, stated that if the entrances or driveways remain as they are now, he could not see any way the County could require the City or the developer to pay for addi- � tional channelization. If the County felt it was needed they should pay the cost. He stated that Councilman Billings' argument that there is less traffic than when the intersection was designed is valid. � Mayor Nee stated that he felt Option 1 is a good plan, but he would not like to spend a lot of money for channelization. He stated that if channelization is required, he would support Option 4 without the second access. Mr. Holstein stated that as far as the channelization, he is not sure of the County's motive. He stated that this project is recognized as a redevelopment project and, as such, even if the driveway is not moved, the City may be asked to provide the channelization. Mr. Burns, City Manager, asked Mr. Holstein, from his point of view, if the City would be sacrificing safety if there is not channelization. Mr. Holstein stated that there currently is not a traffic problem. He stated that if traffic continues to increase on Mississippi Street, it is safer to have exclusive left turn lanes. He stated that he would like a left turn lane into the main entrance. He felt that in the short term, safety is not a problem, but in the long term, it could be depending if traffic volumes increase. Councilman Billings stated that he wished to maintain as much of Rottlund's architectural design as possible without spending $170,000 for channelization. � FRIDLEY CITY COUNCIL MEETING OF AUGUST 14, 1995 PAGE 11 11. PUBLIC HEARING ON AN ORDINANCE RECODIFYING THE FRIDLEY CITY CODE, CHAPTER 205, ENTITLED ^ZONING," BY AMENDING SECTION 205.25.8.C. AND REPEALING SECTION 205.24, AND ADOPTING A NEW SECTION 250.24 CREATING FLOOD PLAIN REGULATIONS: MOTION by Councilwoman Bolkcom �o 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 10:10 p.m. Ms. McPherson, Planning Assistant, stated that this amendment covers a minor change to Chapter 205.25 of the City Code to add language to require notification to the Environmental Quality Board for all variance requests in the critical area. She stated that another part of the amendment covers the repealing of Section 205.24 and adopting a new Section 205.24, Creek and River Preser- vation District Regulations. She stated that there is a new district entitled "General Floodplain District" which includes all "Unnumbered A Zones" depicted on the National Flood Insurance Rate Map. She stated that, in general, this district allows the same uses that are in the CRP-2 and CRP-1 districts. Ms. McPherson stated that the ordinance, as currently proposed, � would eliminate the need for special use permits if all the standards of the ordinance are met. She stated that if Council wishes to be more restrictive a special use permit can be required. Mr. Herrick, City Attorney, stated that one thing to consider is if there is an application for a special use permit it gives the residents an opportunity to express their concerns or comments. He stated that is the one advantage of the public hearing, but he does not have strong feelings one way or the other. Councilwoman Bolkcom stated that just because someone lives in the floodplain she cannot see why they have to go through the expense of the special use permit process. Mayor Nee stated that he was in favor of not requiring the special use permit and less government cantrol. Ms. McPherson stated that because there are no comments from Council that a special use permit is necessary, she is assuming that Council does not wish to require a special use permit. There were no comments from the audience on this proposed ordinance amendment. � MOTION by CouncIlwoman Bolkcom 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 10:25 p.m. � , 1 FRIDLEY CITY COUNCIL MEETING OF AUGUST 14, 1995 PAGE 12 NEW BUSINESS: 12. REVIEW OF SHARX CLUB/SHARX SPORTS BAR INTOXICATING LIQUOR LICENSE: Mr. Pribyl, Finance Director, stated thati on April 24, 1995, Council issued a liquor license to Sharx Club with a stipulation that this establishment was to be serving food by August 1, 1995. He stated that the owner has not been able to comply with the August l, 1995 deadline because he is experiencing difficulty in obtaining equipment. He stated that ma�or remodeling has occurred, and letters have been received from vendors verifying the delays that the owner, Mr. DeFoe, has encountered. Mr. DeFoe stated that he was unable to meet this deadline. He stated that, in Suly, a few mistakes were made, and he knew he was not going to meet the August 1 deadline. He stated that he has been waiting for furniture and fixtures. When they arrive it is a matter of making the plumbing and electrical connections and inspections being completed. He stated that he is on the verge of completing the project. Councilwoman Bolkcom asked how long it would be from the arrival of the equipment to actually serving food. Mr. DeFoe stated that if the equipment arrives Friday it would be installed the following week, inspected, and food could be served after the certificate of occupancy is obtained. Councilwoman Jorgenson asked if food has been served in the nightclub portion of his establishment. Mr. DeFoe stated that he has served pizzas for several months in the bar area in an attempt to comply with the August 1 deadline, but he found out that his license only allows him to serve packaged £oods such as pretzels and potato chips. He stated that the rest- aurant has to be open before he can serve food. Councilman Schneider asked Mr. DeFoe how soon he felt the restau- rant would be in operation. Mr. DeFoe stated that within three weeks based on all the informa- tion he has received today. Councilwoman Bolkcom stated that back in April she stated that she would accept no excuses, and there is really no guarantee that in three weeks Mr. DeFOe will be operating the restaurant. Mr. DeFoe stated that he would work as hard and as fast as he could to get this done. He stated that he knows it has not been com- pleted in the time frame he thought it could be done. Councilman Billings stated that he had a conversation with the sales person who is selling the equipment to Mr. DeFoe. He stated that he confirmed that there are some production delays on the part of the manufacturer that were unforseen, and the bulk of the � FRIDLEY CITY COUNCIL MEETING OF AUGUST 14, 1995 PAGE 13 remaining equipment should be shipped this week. He stated that he believes Mr. DeFoe will be operating the restaurant expedi- tiously once the equipment is received, as he has a significant investment. MOTION by Councilwoman Bolkcom to set the public hearing for consideration of suspension or revocation of the liquor license for Sharx Club for September 18, 1995. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Councilwoman Jorgenson asked if Council could take action on this issue the same evening of the public hearing. Mr. Herrick, City Attorney, stated that Council could take action at the same time the public hearing is held if they so desired. MOTION by Councilwoman Jorgenson to receive the letters £rom Paul Kozlak from Premier Restaurant Equipment Company and John Dahl, FCR, Inc. both dated August 14, 1995 regarding equipment delays and carpet installation at the Sharx Club. Seconded by Councilman Schneider. Upon a voice vote, all votinq aye, Mayor Nee declared the motion carried unanimously. � 13. FIRST READING OF AN ORDINANCE UNDER SECTION 12.06 OF THE CITY CHARTER DECLARING CERTAIN REAL ESTATE TO BE SURPLUS AND AUTHO- RIZING THE SALE THEREOF (GENERALLY LOCATED AT 5720 POLK STREET N.E.) (WARD 2 L � Ms. Dacy, Community Development Director, stated that this parcel is located north of Moore Lake Apartments on the west side of Polk Street. She stated that Council acquired this lot for the Polk Street improvement project. She stated that last spring a number of variances were approved, as well as a request to subdivide 35 feet of this parcel to the owner of the Moore Lake Apartments for parking lot improvements. Ms. Dacy stated that this proposed ordinance is to declare this parcel as surplus and authorize the sale of this property. MOTION by Councilman Schneider to waive the reading and approve the ordinance on first reading. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 14. VARIANCE REOUEST, VAR #95-16, BY ROBERT AND KAREN FOURNIER TO REDUCE TAE FRONT YARD SETBACK FROM 35 FEET TO 25 FEET TO ALLOW THE CONSTRUCTION OF A THREE SEASON PORCH, GENERALLY LOCATED AT 8095 RIVERVIEW TERRACE N.E. (WARD 31: Ms. McPherson, Planning Assistant, stated that this is a request for a variance to reduce the front yard setback from 35 feet to 25 , FRIDLEY CITY COUNCIL MEETING OF AUGUST 14, 1995 PAGE 14 feet at 8095 Riverview Terrace. She stated the variance is re- quested to allow the construction of a three season porch to the front of the property. She stated that the proposed addition is 10 feet by 14 feet. She stated that the variance is within previously granted requests, and staff has no recommendation. She stated, however, that this type of addition is more typical to a side or rear yard rather than on the front of the dwelling. Ms. McPherson stated that the Appeals Commission voted to deny the variance. She stated that the property is located in the flood fringe district, and a special use permit is required. The petitioner was not present; therefore, the following action was taken: MOTION by Councilwoman Bolkcom to table this item to the next Council meeting on August 28, 1995. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 15. RESOLUTION AUTHORIZING ANOKA COUNTY HRA SPECIAL BENEFIT LEVY: Ms. Dacy, Community DeVelopment Director, stated that this is a request from the County for the City to participate in a special � benefit levy. She stated that Fridley's Housing and Redevelopment Authority reviewed this proposal, and information from Councilman Billings on the August 2 Intergovernmental Committee meeting is included for Council's review. She stated that at the August 2 meeting, there was some willingness on the part of some officials to consider the option to pass a resolution of preliminary intent to consider this levy. � Ms. Dacy stated that Fridley's ARA did not feel com£ortable with any of the options which were: (1) to approve the resolution autho- rizing the special benefit levy; (2) pass a resolution of prelimi- nary intent to consider the levy with a final determination to be decided at a later date; or (3) pass a resolution specifying that the City does not want a County HRA levy. She stated that the HRA did not feel they had enough information to make a recommendation to either "opt in" or "opt out" or evaluate the proposal. She stated that the County has asked all communities to comment and identify which option they wish to pursue by August 18, 1995. She stated that in order for the County to accomplish the September 15 deadline for the levy, they need to pass a budget by August 22. Councilman Schneider stated that he was at the meeting prior to August 2. He felt that the County HRA is acting in good faith but trying to rush the process. He stated that he is concerned that if the Council passes a resolution of preliminary intent it sends the wrong message. Councilman Billings stated that his memorandum is clear on his position. He felt that by voting a preliminary intent it allows the City time to obtain answers from the County. � FRIDLEY CITY CDUNCIL MEETING OF AUGUST 14, 1995 PAGE 15 Mayor Nee felt that a preliminary intent suggests that Council is going to approve the special benefit levy. Councilman Billings felt that the preliminary intent indicates that the City does not have enough information. He stated that the County needs to certify to the state the maximum levy and, if they know Fridley is not going to be included they will not certify for the City. He stated that the County has indicated all monies collected in Fridley would be spent in Fridley, after the admini- strative fees are deducted. He suggested that Council take a serious look at this program as a source of funding for multi- family rehabilitation. Councilman Schneider stated that those cities without HRA'S felt this was a very positive opportunity. Councilwoman Sorgenson did not think there was anything different the County HRA would be doing in comparison to what the City is currently involved with in the residential and multi-family programs. Councilman Billings stated that the City does not have a real multi-family program in place at the present time, and he felt the City should be involved in such a program. He stated that this � would be an opportunity to do thinqs on a County-wide basis. He stated that what is planned is that representatives from each city will design the program it is not something that is already formulated. Councilwoman Jorgenson stated that if the City opted to participate in this program, revenue of $145,122 would be raised for multi- family rehabilitation less the administrative fees. Councilman Billings stated that if everyone in the County partici- pates, Fridley�s fees would be about $18,000, which would leave about $130,000 to be used in Fridley. He stated that the City would be part of the planning committee to decide if they want multi-family or single family rehabilitation. Councilman Schneider stated that the City could choose not to participate this year and possibly participate next year. He stated that the question is why the City would be better off letting the County collect the revenue rather than the local HRA. Councilman Billings stated that he strongly urged Council to opt in for the short-term and make a final decision in November to either be or not be included. � Councilwoman Bolkcom opt in, and they can are answered. stated that it doesn't seem it would hurt to get out at a later date after some questions � � FRIDLEY CITY COUNCIL MEETING OF AUGUST 14, 1995 PAGE 16 Mayor Nee stated that the only thing the County could do is levy a certain amount of money that will not show up in the City's truth in taxation. He stated the argument that the County has more leverage than the City is probably correct. Councilman Schneider stated that, in reality, there are no answers available to make a reasonable presentation to the communities that have HRA's on why it is better to have the County levy the tax rather than the City. He stated that it is not clear to him as to why it would be better for the County to do it rather than the City. Councilwoman Jorgenson stated that her feeling would be to opt out this year, as she felt the money could probably be put to better use with local control. She stated that her concern is the timing, and there is not time to get a response to questions and meet the County's time schedule. MOTION by Councilwoman Jorgenson to direct staff to notify the County that the Fridley City Council and HRA came to a consensus not to partici-pate in the program. Further, Council felt that there is not sufficient information to proceed this year and would like further information to possibly consider involvement in the program next year. Seconded by Councilwoman Bolkcom. Upon a voice vote, Councilwoman Jorgenson, Councilwoman Bolkcom, Councilman Schneider, and Mayor Nee voted in favor of the motion. Councilman Billings voted against the motion. Mayor Nee declared the motion carried by a four to one vote. 6. RESOLUTION NO. 49-1995 AUTHORIZING CHANGES IN APPROPRIATIONS FOR THE GENERAL FUND, CABLE T.V. FUND, GRANT MANAGEMENT FUND, HRA REIMBURSEMENT FUND. DRUG AND GAMBLING FORFEITURE FUND, HOUSING REVITALIZATION FUND AND THE CAPITAL IMPROVEMENT FUND FOR THE YEAR 1994: Mayor Nee raised several questions regarding these appropriation changes and requested that more detailed information be provided with future resolutions. MOTION by Councilman Schneider to adopt Resolution No. 49-1995. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee deolared the motion carried unanimously. 9. ESTIMATES: MOTION by Councilman Schneider to approve the estimates as submitted: � Barna, Guzy & Steffen, Ltd. 400 Northtown Financial Plaza 200 Coon Rapids Boulevard Coon Rapids, MN 55435-5489 Services Rendered as City Attorney for the Month of July, 1995. . . . . . . . . $ 6,863.46 � � � FRIDLEY CITY COUNCIL MEETING OF AUGUST 14, 1995 PAGE 17 F.F. Jedlicki, Inc. 14203 West 62nd Street Eden Prairie, MN 55346 Clover Pond Diversion/52nd Avenue Floodway Pro�ect No. 222 FINAL ESTIMATE . . . . . . . . . Innovative Irrigation 10008 University Avenue N.W. Coon Rapids, MN 55448 . . $ 2,211.32 1995 Corridor Maintenance Project No. 275 FINAL ESTIMATE . . . . . . . . . . . . . . . $ 4,116.38 Lunda Construction Company P. O. Box 228 Llttle Chute, WI 54140-0228 Locke Lake Dam Restoration Project No. 211 Estimate No. 7 . . . . . . . . . . . . . . . $39,442.06 Standard Sidewalk 29635 Neal Avenue Lindstrom, MN 55045 1995 Mlscellaneous Concrete Curb, Gutter and Sidewalk Project No. 279 Estimate No. 4 . . . . . . . . . . . . . . . $ 3,161.60 Seconded by Councilwoman Sorgenson. Upon a voice vote, Counoilman Schneider, Councilwoman Jorgenson, Councilman Billings, and Mayor Nee voted in favor of the motion. Councilwoman Bolkcom abstained from voting on the motion. Mayor Nee declared the motion carried by a four to one vote. 16. INFOE2MAL STATUS REPORTS: Mr. Burns, City Manager, stated that he would like to informally discuss the Hyde Park rehabilitation program and acquisition of scattered site properties. Mr. Burns stated that he would like Council to view a very short video taken on National Night Out. CONFERENCE MEETING - AUGUST 29, 1995 AT 7:30 P.M.: Councilwoman Bolkcom stated that she felt there should be a con- ference meeting scheduled. It was aqreed that this meeting would be scheduled for August 29 at 7:30 p.m.