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06/05/1989 - 00006918' ' � THE MIN[TTES OF THE REGULAR MEfiT2NG OF THE FRIDLEY CITY COUNCIL OF JUNE 5, 1989 The Regular Meeting of the Fridley City Council was called to order at 7:46 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 ABSENT: None APPROVAL OF MINUTES: COUNCIL MEETING, MAY 15, 1989: MoTION by Councilman Schneider to approve the minutes as presented. Seconded by Councilwoman Jorgenson. Upon a voice vote, all votinq aye, Mayor Nee declared the motion carried unanimously. ADOPTION OF AGENDA: Mayor Nee requested the following item be added to the agenda as 18A, "Receiving Bids and Awarding Contract for Appliances for the Municipal Center". MOTION by Councilman Fitzpatrick to adopt the agenda with the above addition. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. OPEN FORUM, VISITORS: CHRIS ZELEVAROV, 6477 RIVERVIEW TERRACE - DELINOUENT WATER SILL: Mr. Chris Zelevarov, 6477 Riverview Terrace, addressed the Council regarding a delinquent water bill placed on the tax rolls. He stated he was the owner of rental property at 160 Mississippi Place and the tenant did not pay the water bill for a year and it was added to his property taxes. Mr. Zelevarov stated the City never tried to collect this bill from those tenants and is now trying to collect the bill from him. Mr. Zelevarov stated he was never informed that the tenants did not pay their water bill. Counailman Schneider stated the City does not have sufficient staff to trace down owners of all rental properties regarding the � � 1 FRIDLEY CITY COUNCIL MEETING OF JUNE 5, 1989 PAGE 2 tenants' payment of their water bills. He stated the City's recourse is to certify delinquent water bills to the County to be placed on the tax rolls. Mayor Nee asked who applied for the water meter. Mr. Zelevarov stated it was the persons who rented the apartment. Mr. Pribyl, Finance Director, stated it appears when the water meter was requested that the plumbing contractor actually applied for the permit. He stated Mr. Zelevarov was told by the Utility Billing Clerk and possibly the Building Inspector that he may have a potential problem in the future if a renter would leave without paying his bill. He sta�ed the tenant did not request the water meter. Mayor Nee stated it is the City's policy to certify delinquent water bills to the County which are then placed on the tax rolls to be collected with the property taxes. Iie stated it is a common practice for many cities to follow this procedure and it has been done in Fridley since the City was incorporated. Mr. Zelevarov stated the City did not attempt to collect the bill for one year and after the tenants moved, he was informed about the bill. He felt the City should have informed him that this bill was delinquent so he could have deducted it from the damage deposit. Councilman Schneider stated it is not reasonable to have City staff review every water bill and track down the owner and tenant for delinquent bills. He stated the City's policy has been to place these delinquent bills on the property tax roll for oollection. Councilman Billings stated he would suggest Mr. Zelevarov have the water bills placed in his name and pass this cost on to the tenant. He stated this way he would know they are being paid. Mr. Pribyl stated Mr. Zelevarov was contacted prior to certification of the deliquent water bill to the County. Mr. Zelevarov stated when the tenants moved out, he was contacted. He felt the City should follow the same policy as the gas and electric companies. He stated he was advised by these utilities that the tenants were not paying their bills. He stated he found out from the City 15 manths later that his tenants did not pay their water bill. Councilman Billings stated the City's policy is not to shut off water when the bill is not paid, but assign it to the tax rolls. He stated the City does not want to create unsanitary conditions by shutting off the water. Mr. Zelevarov stated he is not paying for the City's mistake. He felt the City should have a system to notify property owners LJ � 1 FRIDLEY CITY COUNCIL MEETING OF JUNE 5, 1989 PAGE 3 when their tenants do not pay the water bill. Councilman Schneider stated he is sorry Mr. Zelevarov does not agree with the City's policy. Mayor Nee stated if the City's policy was to shut off the water, the occupancy permit would be lost and no one could live in the dwelling unit. Mayor Nee stated the Council could discuss the feasibility and need for staff to notify property owners when tenants are not paying their water bills. He stated Mr. Zelevarov would be notified when the Council discusses this item. PUBLIC HEARINGS: 1. PUBLIC HEARING FOR AN ON-SALE LI9UOR LICENSE FOR JOE DINIAGGZO'S RESTAURANT LOCATED AT 1298 EAST MOORE LAICE DRIVE: MOTION by Councilman Fitzpatrick to waive the reading of the public hearing notice and open the public hearinq. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the public hearing opened at 8:11 p.m. Mr. Pribyl, Finance Director, stated the City was contacted by George Vespa, who is working with Joe DiMaggio, in regard to opening a restaurant in the Moore Lake Commons Shopping Center. He stated the Council has received information on the plans for this restaurant. Mr. Joe DiMaggio and his wife, Barb, and restaurtant consultant, Larry 5alley, were present to address any questions from the Council. Mr. DiMaggio stated the restaurant they propose to construct would be managed by his business partner, George Vespa, and himself. He stated they have a similar establishment in Erskine, Minnesota and the restaurant is listed in the Minnesota Business Tourist Guide. He stated the reason is the unique decor which is centered around the Yankess, New York City, handpainted baseball murals and famous headlines. Mr. DiMaggio stated they serve pizza from a recipe handed down through his family. He stated their menu would also include hamburgers, hot dogs, and Italian specialty items. He stated the business would cater to families and sports fans in the area. He stated they would like to become a part of the community and take an active role in the growth of Fridley. Councilman Schneider asked the size of the restaurant. Mr. DiMaggio stated it is 5,600 square feet with seating for 240 to 260 alJ FRIDLEY CITY COUNCIL MEETINQ OF JUNE 5. 1989 PAGE 4 � persons. Mayor Nee asked Mr. DiMaggio if he had an arrangement with the owners of the shoping center. Mr. DiMaggio replied in the affirmative and stated they would be located in the new development now taking place. Mr. Ed Kaspszak, 1317 Hillcrest Drive, stated this sounds like a good business, but his one concern is the traffic. He felt persons patronizing this establishment would use Old Central, rather than Highway 65. He stated if persons leave all at one time, there will be some problems and accidents. Councilman Schneider stated the Council is aware of the traffic issue and attempting to address this with the redesign of East Moore Lake Drive. He stated any business that locates in the area would generate traffic. Mr. Kaspszak stated 240 people leaving the establishment at one time does concern him. Councilwoman Jorgenson stated the exits have been designed to direct traffic onto Highway 65, rather than Old central. She also stated internal signage has been discussed with the shopping center � owners. Mr. Kaspszak stated all he wanted was to call the Council's attention to this issue. No other persons spoke regardinq this application for an on-sale liquor license. 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 8:20 p.m. 2. PUBLIC HEARING OF A FINAL PLAT. P.S. #87-05, TARGET NORTHERN DISTRIBUTION CENTER ADDITION. TO CREATE TWO LOTS BY REPLATTING OUTLOT l, BLOCK 1, FRIDLEY INDUSTRIAL PARK PLAT l, AND THE ADJACENT 54 ACRES, BY TARGET STORES, INC.: 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 8:22 p.m. Ms. Dacy, Planning Coordinator, stated Target proposes to plat its � 76 acre property into two parcels. She stated the property is located on the southwest corner of 73rd Avenue and Highway 65. Ms. Dacy reviewed the existing zoning adjacent to his parcel. x FRIDLEY CITY COUNCIL MEETING OF JONE 5 1989 PAGE 5 � Ms. Dacy stated when this plat was submitted to the Planning Commission, a 120 foot separation between the two buildings would have to be provided to meet building code requirements. She stated if a common wall is provided, no side yard is required betwen the two buildings. She stated Target's plan is to attach the expansion to the existing building to meet the code requirement. Ms. Dacy stated the plat application has been amended to reflect this change. Ms. Dacy stated the Council received a site plan showing the building expansion. She stated it is slightly differnet than the plan submitted in 1987, as the preserved wetlands is in the center of the property, and Target is working with the Army Corps of Engineers and the Rice Creek Watershed District to obtain their approvals. Ms. Dacy stated there has ben no significant increase in surface area and no need to re-analyze the Environmental Assessment Worksheet. Ms. Dacy stated a neighborhood meeting was held on April 25. She stated the primary concerns were the improvements along 73rd Avenue and whether the frontage road abutting the Melody Manor area would be affected. She stated there will be an expansion of the pavement along the south side adjacent to the Target property, however, the � improvement project will not alter the current configuration of the frontage road. She stated there was also concern about the line of sight from Jackson Street. Ms. Dacy stated Target is in the process of submitting a landscaping plan to screen this entrance with evergreens. She stated the primary access to the site wil be from the service road alokng Aighway 65. Ms. Dacy stated the Planning Commission recommended approval of the preliminary plat subject to stipulations which she outlined. No persons in the audience spoke regarding this plat. 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 8:29 p.m. 3. PUBLIC HEARING ON VACATION REOUEST. SAV #89-02, TO VACATE THE 30 FOOT DRAINAGE AND UTILITY EASEMENT LOCATED ON LOTS 1, 2, 28 AND 29. BLOCK 2, COMMERCE PARK, THE SAME BEING 250 OSBORNE ROAD N.E., BY JEROME FARRELL: MOTION by Councilwoman Jorgenson to waive the reading of the public hearing notice and open the public hearing. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared � the motion carried unanimously and the public hearing opened at 8:30 p.m. ' 1 ' FRIDLEY CITY COIINCIL MEETING OF JIINE 5. 1989 PAGE 6 Ms. Dacy stated the petitioner wishes to vacate a 30 foot drainage and utility easement alonq the common lot line of Lots 1, 2, 28 and 29, Block 2, Comemrce Park Addition. She stated there are no existing utilities within this easement. Ms. Dacy stated the Planning Commission recommendedapproval subject to approval of trhe rezoning and variance requests, Councilman Billings asked if the Council would be restricting an outlet for any future development by vacating this easement. Ms. Dacy stated they would not. No persons in the audience spoke regarding this vacation request. MOTION by Councilman Billings to close the public Seconded by Councilwoman Jorgenson. Upon a voice vote, aye, Mayor Nee declared the motion carried unanimously. OLD BUSINESS• hearing. all voting 4. CONSIDERATION OF SPECIAL USE PERMIT, SP #89-06. TO OPERATE A DAYCARE CENTER FOR 35 CHILDREN IN ROOMS 102. 104 AND 106 OF THE ISLAMIC CENTER. ON LOTS 1. 2. 3, 4, 5, 6, 17 AND 33, MELOLAND GARDENS, THE SAME BEING 1401 GARDENA AVENUE N.E.. BY THE ISLAMIC CENTER OF MINNESOTA: Ms. Dacy, Planning Coordinator, stated this item was �abled by the Council at the last meeting to have the neighboring residents, Mr. and Mrs. Foco, meet with the Islamic Center representatives regarding a screening plan. She stated the two parties did meet on May 18 and have spoken to each other on the phone since that meeting. Ms. Dacy stated the Islamic Center agreed to construct a six foot wood fence along the east and north lot lines and install vegetation on their side of the fencing over the next three planting season. She stated the Foco's indicated they would be willing to remove the existing chain-link fence. She stated it was agreed to have a wood screen on the loading dock area. Ms. Dacy stated the Foco's prefer construction of an eight foot fence in cerrtain areas along the property line. She stated the Zoning Ordinance stipulates a maximum fence height of four feet in the front yard area and, in other areas, a maximum height of seven feet for single family residential districts. Ms. Dacy stated another issue is the parking. She stated the Islamic Center has submitted a new proposal for parking. She stated there are currently 34 parking spaces on this site. Ms. Dacy stated when this item was before the Planning Commission, staff recommended re-orientation of the site which meant removal of the existing sidewalk. She stated the Islamic Center does not want to remove the sidewalk and felt this plan maintains a parking L. � � � FRIDLEY CITY COUNCIL MEETING OF JUNB 5. 1989 PAGE 7 area long the Foco's north lot line rather than driving activity. Ms. Dacy stated the alternate plan proposed by the Islamic Center would involve restriping of the existing parking lot and extend the parking another 65 feet to the north. She stated the advantage of this plan is that it does maintain a parking area along the Foco�s north lot line instead of driving activity. She stated it also provides two-way movement of vehicles and a drop off/pick-up area. Ms. Dacy stated, however, it does increase the size of the parking lot, but from a traffic management point, it is a better arrangement. Councilman Schneider asked if staff reviewed the drainage relative to the increase in the size of the parking lot. Ms. Dacy stated if they wished additional expansion of the parking, the City would require an on-site detention pond. She stated a pre-permit application should be submitted to the Rice Creek Watershed District and if there is additional runoff, they will need a permit from them. She stated the City would want a grading and drainage plan submitted. Councilman Schneider asked the existing setback from the Foco's property. Ms. Dacy stated it was three feet. She stated if there was any new construction, a five foot setack would be required. Ms. Dacy stated the stipulations recommended, if this special use permit is approved, are changed from the last meeting as stipulations 8, 9 and 10 were added pertaining to maintenance of the grass, a grading and drainage plan, and installation of the fence and landscaping. Councilman Schneider stated he has been in contact with the Foco's and, apparently, there is some disagreement with the height of the fence. He stated it makes sense to provide the six foot fence, except he felt an eight foot fence should be installed beginning at the rear of the Foco's garage and extending back 4D feet. Mr. Kader, representative of the Islamic Center, stated they had discussion with the Foco's about the fence. He felt, however, they were more concerned about their window and wanted to make sure anyone on the dock would not be able to see in their home. He stated the dock is used only ocoasionally. Mr. Kader felt it would not look good if part of the fence was six feet and part was eight feet. He stated another problem is an eight foot fence would require a special order and be more expensive to construct. He stated they would work on the vegetation which would help. Councilman Schneider stated he felt strongly about providing the extra height in the fencing. Mr. Kader stated he felt the privacy is important, but did not yl J FRIDLEY CITY COUNCIL MEETING OF JUNE 5, 1989 PAGE 8 � believe an eight foot £ence would provide any more privacy than a six foot fence. He pointed out that the ordinance allows only for a height of seven feet. Councilman Schneider stated the ordinance also requires a five foot setback, rather than three feet. He felt this was a unique situation and wanted to try to resolve this issue to everyone's satisfaction. Mr. Foco, 1345 Gardena Avenue, stated his primary concern is in the back of the property. He stated his wife was concerned about the window which is a straight line of site to the loading dock. He stated he would like to believe they can restrict the traffic through those doors, but does not know how it is really possible. Councilman Schneider asked if a six foot fence was installed and e portion was eight feet high, if this would be acceptable. Mr. Foco replied in the affirmative. Mrs. Foco, 1345 Gardena Avenue, stated she would like to see the fence installed before this item is approved. She stated as far as the loading dock, when no persons are there from the Islamic Center, there are perons up on it. She stated they wanted an eight foot fence along the two sides. � Mayor Nee stated the Islamic Center would have to comply with any stipulations placed on this special use permit. Councilman Schneider stated he is concerned about a larger parking area, He stated the lot is striped now for 34 cars and the new proposal would provide space for 42 cars. He stated because of the size of the parking stall, even more cars could be parked than for what it is striped. Ms. Dacy stated if this occurred, they would be blocking the aisles. She stated the intent is to provide for better traffic movement. Mr. Ed Kaspszak, 1317 Hillcrest Drive, stated he personally counted the parking spaces and there were not 34 spaces. He felt more cars would be parked on the property in the winter and if the Council thought only 4o cars would be parked there, that is being naive. He stated i£ the parking lot is expanded, there will be a problem with the runoff. He stated there is already a drainage swale 25 yards to the northeast. He felt with the amount of property available, he was sure a plan could be designed that would satisfy the residents and drain the site properly. Ms. Dacy stated one of the stipulations was for a grading and � drainage plan to be submitted and approved prior tio construction of the parking lot. FRIDLEY CITY COUNCIL MEETING OF JUNE 5, 1989 PAGE 9 ' Councilman Schneider asked which parking plan was discussed with the Foco's. Mrs. Foco stated they only discussed the fence and not the parking. Ms. Dacy stated this parking proposal was submitted by staff and it does have its deficiencies. She stated the other option is to provide angle parking and shorten the distance between the aisles. She stated another alternative is to provide parking further west. She stated they are trying to concentrate the parking in one area and not impact any more neighbors. Councilman Schneider stated if the parking plan reviwed by the Planning Commission was approved, there is a very minimal addition to the parkinq lot. He stated it also keeps the cars further from the Foco's home. Mr. Kader felt the other proposal would be better for all concerned. Mr. Kaspszak felt the matter should be resolved once and for all so the residents did not have to keep coming back on this issue. Councilman Schneider stated he shared Mr. Kaspszak's concern and in speaking to the City Manager, it is felt there should be a long- � range plan. He stated, at this point, he is attempting to resolve some of the issues so that the daycare center can exist, as well as minimize the Islamic Center's investment on items that may change, and meet the Foco's requirements. Councilman Schneider stated between the two parking proposals, one would add 7,200 square feet of paving and another would add 720 square feet of paving. He stated he did not know how 7,200 square feet of paving would affect the area. Ms. Dacy stated another alternative would be to reduce the parking area to 35 spaces and only add a 45 foot parking addition rather than 65 feet. MOTION by Councilman Schneider to concur with the recommendation of the Planning Commission and grant Special Use Permit, SP #g9- 06, with the following stipulations: 1. All drop-o£f and pick-up of children shall occur on the premises. 2. The daycare hours of operation shall be Monday through Friday, 7:00 a.m. to 6:00 p.m. 3. The building shall meet the requirements of the State Daycare 1 Regulations, the Uniform Building Code and the Uniform Fire Code, inaluding the following: � FRIDLEY CITY COUNCIL MEETINa OF JTJNB 5. 1989 PAGE 10 4 5. , 6. 7. 8. � a. b. c. an enclosed outdoor play area adjacent to the facility, but located at the rear of the building; outside exits from the daycare rooms; fire alarms in each daycare room in the hallway outside the daycare rooms. The Islamic Center shall modify the parking lot as illustrated on the modified site plan prepared by staff and shown on Page 4H of this agenda as Plan A. The petitioners shall complete stipulations 1, 2, 5 and 7 from SP #88-17: a. a masonry dumpster enclosure with wooden gates sha11 be installed by August 1, 1989; b. the property owner shall combine individual lots into one tax parcel, as requested by the City Assessor (buildable lots abutting Aillcrest Drive and Oakwood Manor shall be exempted); c. d. all existing hardsurface areas shall be improved with sealcoating, curb and gutter and striping by August 1, 1989; the property owner shall take care of the weed problem by August 1, 1989. The dumpster and enclosure shall be located at the northwest corner of the building. The grass between the existing driveway and the fence shall be maintained in a neat appearance. The property owner shall maintain grass on a regular basis in compliance with the height maximum established in the weed ordinance. 9. The property owner shall install an eight foot fence along the east of the Foco's property from the rear of the Foco's garage to 40 feet north and a six £oot fence on the remaining east lot line and on the north lot line of the Foco's property. The property owner shall work with City staff to develop a landscape plan to be implemented during the next three planting seasons. 10. That a variance is approved to increase the height of this fence to eight feet due to the hardship on the adjacent residential property. � FRIDLEY CITY COUNCIL MEETING OF JUZiE 5, 1989 PAGE 11 , 11. This special use permit shall be reviewed by City staff for compliance at 6, 12, 18 and 24 months from the date the daycare center begins operation and a report submitted to the Council on those reviews. Seconded by Councilwoman Jorgenson. Mrs. Foco stated there are so many issues; the weeds, the fact that the lot is next to a private dwelling, and the drainage. 5he stated they are not the only ones that are unhappy. She stated something has to be done and not put a band-aid on a large wound. Councilman Schneider stated the daycare center is a fairly minimal use and felt the installation of the fencing would be of benefit to the Foco's. He stated he was concerned about increasing the size of the parking lot and was the reason for recommending the smaller expansion. He stated he is recommending these reviews so if the Islamic Center is not in compliance, the special use permit could be revoked. Councilman Schneider stated in the long-range plan, it is hoped that the possibility of moving the driveway can be addressed. Mrs. Foco felt the daycare center was only a beginning of much � larger plans for this site. She stated something will have to be done about this driveway as they are not the only neighbors that want a fence. She stated many people are not here becaus they are tired of this same situation over and over. Mr. Kaspszak asked what the increased parking entailed. Ms. Dacy stated the existing dimension is 65 feet and the increase would be an additional 11 feet to 76 feet. Mr. Kaspszak stated he is not comfortable with it and requested the Council vote against it. He stated he would like to see the entire project detailed for further study. He stated it may be proven this is a good proposal. Councilman Schneider stated everything is a compromise and there is a need for additional daycare. He stated he did not feel the 720 feet of parking would have that great of an impact. Councilman Billings asked for a clarification of stipulation 5d and 8. Ms. Dacy stated stipulation 8 refers to maintenance of the grass at a reasonable height. She stated stipulation 5d was part of the other special use permit and addresses the specific problem of the � weeds. Councilman Schneider stated, apparently, the Islamic Center does ( FRIDLEY CITY COUNCIL MEETIZIG OF JUNE 5. 1989 PAGE 12 1 not have a commerical lawn service who routinely mows the lawn and felt the intent of stipulation 8 was to require continued maintenance. Ms. Palmer, 1329 Gardena Avenue, stated she wanted to make sure the dumpster is located behind their building. Ms. Dacy stated the stipulations provide that it be located in the northwest corner of the building. UPON A VOICE VOTE TAKEN ON THE ABOVE MOTION, all voted aye, and Mayor Nee declared the motion carried unanimously. Mr. Nasim Qureshi, 7514 Alden Way, stated he is not an active member of this organization, however, Mr. Kader requested he attend the meeting this evening. He stated Mr. Kader asked him about the proper traffic flow. He stated parking along the school is a bad situation due to dropping-off and picking-up children which would place them in the traffic area. He stated he would recommend the parking be away from the school building. Mr. Kader stated in regard to the dumpster, there may be problems if they have it located way to the back. He stated he does not see a problem with it being at the loading dock. � 5. ORDINANCE NO. 923 APPROVING A REZONING, ZOA #89-01 TO REZONE THE PROPERTIES DESCRIBED AS IATS 1, 2, 28 AND 29, BLOCK 2, COMMERCE PARK, FROM C-1, LOCAL BUSINESS, TO C-2, GENERAL BUSINESS, THE SAME BEING 250 OSBORNE ROAD N.E., BY JEROME FARRELL: MOTION by Councilman Schneider to waive the reading and adopt Ordiknance No. 923 on second readina and order publication. 5econded by Councilman Fitzpatrick. Upon a voice vote, all votinq ave, Mayor Nee declared the motion carried unanimousl� MOTION bv Councilman Schneider to direct staff to review the parkina situation at the theater on an on-aoing basis and about one year after the ooeration beains, submit a report regardina staff's observations relatina to the size of the oarkinq stalls. Seconded by Councilwoman Jorgenson. Uoon a voice vote, all votinQ ave, Mavor Nee declared the motion carried unanimouslv. NEW BUSINESS: 6. CONSIDERATION OF FIRST READING OF AN ORDINANCE APPROVING A VACATION REQUEST� SAV #89-02, TO VACATE THE 30 FOOT DRAINAGE AND UTILITY EASEMENT LOCATED ON LOTS 1, 2, 28 AND 29, BLOCK 2, COMMERCE PARK, TIiE SAME BEING 250 OSBORNE ROAD N.E., BY � JEROME FARRELL: MOTION by Councilman Billings to waive the reading and approve the � FRIDLEY CITY COUNCIL MEET2NG OF JUNE 5. 1989 PAGE 13 7. CONSIDERATION OF EXTENSION OF A SPECIAL USE PERMIT TO ALLOW PARK CONSTRUCTION TO RESUME ROCK CRUSHING ACTIVITIES: MOTION by Councilman Billings to approve the extension of Special Use Permit, SP #82-12, to allow a rock crushing operation at 7900 Beech Street with the following stipulations: 1. Special Use Permit, SP #82-12 is extended for a period of two years. Re-evaulation of the permit is to be scheduled for the first regular meeting of the City Council in May, 1991, providing there has been one crushing oepration at that time. 2. 3. 4. � 5. The City be allowed to dump their waste concrete material at this site in City trucks a� no cost. Park Construction will take the necessary steps to ensure the City and State noise, dust, and environmental limits are not exceeded. The rock crusher generators and stockpiles shall be located as far north and east on the property as possible. The same standards regarding runo£f shall be applied to this site as applied in the Rice Creek Watershed area. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee dealared the motion carried unanimously. 8. ORDINANCE NO. 924 APPROVING A VACATION, SAV #89-01, TO VACATE A 30 FOOT ROAD EASEMENT LOCATED ALONG THE EAST PROPERTY LINE OF LOT 3, BLOCK 2, EAST RANCH ESTATES SECOND ADDITION, EXCEPT THE EAST 200 FEET THEREOF. GENERALLY LOCATED SOUTHWEST OF 7810 UNIVERSITY AVENUE N.E.. BY WBDH REALTY COMPANY: MOTION by Councilman Billings to waive the reading and adopt Ordiance No. 924 on second reading and order publication. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 7 A RECEIVING THE MINUTES OF THE PLANNING COMMISSION MEETING OF MAY 17, 1989: CONSIDERATION OF PRELIMINARY PLAT, P.S. #89-01, SULLIVAN'S OVERLAOK, BEING A REPLAT OF PROPERTY GENERALLY LOCATED AT 1161 REGIS LANE N.E.. BY DAN SULLIVAN: � MOTION by Councilman Schneider to set the public hearing on this preliminary plat for Sune 19, 1989. Seconded by Councilwoman � � ' FRIDLEY CITY COUNCIL MEETING OF JUNE 5, 1989 PAGE 14 Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. B. CONSIDERATION OF SPECIAL USE PERMIT, SP #89-07. TO ALLOW A SECOND ACCESSORY BUILDING ON LOT 7. BLOCK 4, BONNY ADDITION, THE SAME BEING 5932 6TH STREET N.E.. BY PAUL HENGEL: Ms. Dacy, Planning Coordinator, stated this is a request for a special use permit to allow a second accessory building. She stated the Planning Commission recommended approval with two stipulations which she outlined. Ms. Dacy stated staff's recommendation was that the access to the accessory building join the neighbor's driveway to the south and be hardsurfaced by September 1, 1989. She stated this stipulation was amended by the Planning Commission that the access to the accessory building be placed at the zero lot line and be hardsurfced by June 1, 1990. MOTION by Councilman Billings to grant Special Use Permit, SP #89- 07, to allow a second accessory building, with the following stipulations: 1. The access to the accessory building shall be hardsurfaced and be placed at the zero lot line. The access shall be hardsurfaced by June 1, 1990. 2. The accessory building shall be architecturally compatible with the existing house. Seconded by Councilman Fitzpatrick. Councilman Billinqs felt he did not want to place a stipulation that the access be placed at the zero lot line or join the neighbor's driveway and, therefore, offered the following amendment: MoTION by Councilman Billings to amend stipulations No. 1 as follows: 1. The access to the accessory building shall be hardsurfaced by June 1, 1990. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. UPON A VOICE VOTE TAKEN ON THE MAIN MOTION, all voted aye, and Mayor Nee declared the motion carried unanimously. MOTION by Councilman Fitzpatrick to receive the minutes of the Planning Commission meeting of May 17, 1989. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. � FRIDLEY CITY COUNCIL MEETING OF JUNE 5. 1989 PAGE 15 � 10. RECEIVING THE MINUTES OF THE APPEALS COMMISSION MEETING OF MAY 9. 1989• A. CONSIDERATION OF A VARIANCE, VAR #89-06, TO REDUCE THE REAR YARD SETBACK FROM 25 FEET TO 17 FEET TO ALLOW THE CONSTRUCTION OF AN ADDITION ON IAT 12, BIACK 5, BROOKVIEW TERRACE, THE SAME BEING 6701 OUINCY STREET N.E., BY GEORGE AND LINDA COLSTROM: Ms. Dacy, Planning Coordinator, stated the petitioner is requesting this variance to reduce the rear yard setback from 25 feet to 17 feet in order to allow the construction of a 14 by 22 foot addition. She stated the Appeals Commission reviewed this variance and failed to approve it due to lack of a second on the motion for approval. She stated a motion to deny did not pass due to a split vote (2-2). Ms. Dacy stated staff's recommendation is to deny the variance because a 14 by 14 foot addition could be built and still comply with the setback requirements. 5he stated a 14 by 22 foot addition would reduce the available back yard space by 50 percent. Councilman Billings stated he has gone out and looked at this property and is prepared to move for approval of the variance. ' MoTION by Councilman Billings to grant this Variance, VAR #89-06, to reduce the rear yard setback from 25 feet to 17 feet to allow the construction of an addition at 6701 Quincy Street. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 11. CONSIDERATION OF APPROVAL OF S10,000 ALLOCATION FOR HOUSEHOLD HAZARDOUS WASTE COLLECTION AND PERMISSION TO SUBMIT APPLICATION• Councilwoman Jorgenson stated she has been working with Representative Alice Johnson and Lisa Campbell of the City staff towards a household hazardous waste collection in the City. She stated the date for this collection would be in September or October and the Council would need to allocate some funds in order to proceed with the grant application. Councilwoman Jorgenson stated she believed $10,000 would cover the City's portion and she understands the Jaycees' will be making a aontribution for this project. Mr. Patrick Earley stated the Board approved a$10,000 contribution to the City, however, it has to be approved by their general membership tomorrow evening. ' Councilman Schneider asked if tires would be included in this oollection. FRIDLEY CITY COUNCIL MEETING OF JUNE 5. 1989 PAGE 16 � Councilwoman Jorgenson stated there is a company in Fridley that recycles tires and staff is exploring this possibility. MOTION by Councilwoman Jorgenson to allocate $1D,000 for the household hazardous waste collection project and authorize submission of the application for matching funds to the Minnesota Pollution Control Aqency. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Mayor Nee thanked the Jaycees for their support and contribution in this project. 12. RESOLUTION NO. 47-1989 REOUESTING THE COUNTY OF ANOKA TO REDUCE THE SPEED LIMIT ON MISSISSIPPI STREET FROM TRUNK HIGHWAY 47 (UNIVERSITY AVENUEI TO TRUNK HIGHWAY 65 (CENTRAL AVENUEI: MOTION by Councilwoman Jorgenson to adopt Resolution No. 47-1989. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 13. CONSIDERATION OF AN AGREEMENT FOR PARTICIPATION IN URBAN CORPS PROGRAM BETWEEN THE CITY OF MINNEAPOLIS AND THE CITY OF � BRIDLEY: Mr. Hunt, Assistant to the City Manager, stated each year the City enters into a contract with the City o£ Minneapolis to participate in the Urban Corps Program. He stated as a participant, the City can employ students who have Federal Work Study Grants to work as interns. He stated the City pays between 30 to 40 percent of the salary, and the Federal Work Study money makes up the difference. He stated the Urban Corps also takes care of any taxes and insurance for the interns. Mr. Hunt stated in order to participate in this program, it is necessary for the University to contract with the City and the City, in turn, must enter into an agreement with the City of Minneapolis for participation in this program. MOTION by Councilman Schneider to authorize the Mayor and City Manager to enter into this agreement with the City of Minneapolis for participation in the Urban Corps Program. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 14. RESOLUTION NO. 48-1989 AUTHORIZING MODIFICATION OF LABOR AGREEMENT FOR CERTAIN EMPLOYEES REPRESENTED BY THE INTERNATIONAL UNION OF OPERATING ENGINEERS, LOCAL N0. 49 (AFL- � CIOj FOR 1987-1989: Mr. Hunt, Assistant to the City Manager, stated when the Council FRIDLEY CITY COUNCIL MESTING OF JUNE 5, 1989 PAGE 17 � approved 1989 wage rates for public works maintenance personnel in the Local 49 bargaining unit, it was understood at that time that employees in the Maintenance I classification would receive a 1.5 percent increase in hourly rate plus a 2 percent lump sum payment. He stated as it turns out, this undestanding was not correct. He stated although these rates apply to Maintenance II and III classifications, it appears the original intent of the negotiated agreement was to give the �aintenance I classifioation a straight 3.5 percent increase in the hourly rate and no lump sum. Mr. Hunt stated this would raise the base of the Maintenance I workers for next year. Councilwoman Jorgenson asked how this would affect the City's comparable worth program. Mr. Hunt stated the Maintenance I workers are still within the range. MOTION by Councilman Fitzpatrick to adopt Resolution No. 48-1989. Secondled by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 15. CONSIDERATION OF CHANGE ORDER NO. 1 FOR WATER. SANITARY SEWER AND STORM SEWER PROJECT N0. 188: � Mr. Flora, Public Works Director, stated this change order involves changes in the Northco development project. He stated there were some problems due to unanticipated ground water conditions found during the sewer line installation. Councilman Schneider asked if these charges would be added to the project. Mr. Flora replied in the affirmative. MOTION by Councilwoman Jorgenson to authorize Change Order No. 1 for Water, Sanitary Sewer and Storm Sewer Project No. 188 (Northco Drive) with Volk Sewer and Water, Inc. in the amount of $12,788.40 or a revised contract amount of $208,882.50. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 16. RECEIVING BIDS AND AWARDING CONTRACT FOR LANDSCAPING OF FRIDLEY PLAZA PARKING RAMP: Mr. Flora, Public Works Director, stated the bids were advertised by Tom Sackett, Project Manager for Kraus-Anderson. He stated bids were opened on June 1, and Mr. Kroos of Boarman and Associates will present the bids. ' Mr. Kroos stated the original allowance for plant materials and installation was $35,000. Ae stated the only bid received was for $46,000 which included the top soil. He stated he has contacted the companies bidding this project and they advise the increase is, FRIDLEY CITY COUNCIL MEETINQ OF JIINE 5. 1984 PAGE 18 � basically, due to last year's drought. He stated he was advised they are paying double for plant materials. Mr. Kroos stated there were also some items added which were not intended to be part of that original $35,000 allowance. He stated this was the lawn irrigation system, which was part of the original specifications which Bossardt-Christenson could not bid at that time because there was not a landslcaping plan. He stated there was the addition of a retaining wall and a change to the concrete system for interlocking paving stone. Mr. Kroos stated the total of the base bid received was $60,468 plus $1,263 for top soil and there were two alternates to the bid. He stated Alternate No. 1 was for $14,410 to replace Locust trees in the plaza area. He stated the Council may or may not wish to proceed with this item as he felt some of the trees did not need replacing. He stated Alternate No. 2 was for $2,820 to cover plant materials for the areas to the north o£ the building. He stated this is not as high priority as the front of the building. Mr. Kroos stated the bid received was from Seefert-Heins Nursery of Woodbury, Minesota. MOTION by Councilman Fitzpatrick to receive the bid for landscaping � of the Fridley Plaza Parking Ramp from Seefert-Heins Nursery of Woodbury, Minnesota in the amount of $60,468 for the base bid plus $1,263 for top soil. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Mayor Nee stated he was concerned that only one bid was received. Mr. Kroos stated he knows Mr. Sackett had four contractors interested in biddinq. He stated the same was true for the signage, however, only one bid was received. He stated he did not know if the bid bond requirement may have had an effect or if contractors could not meet the schedule. Mr. Kroos stated some of the smaller nurseries may have also felt they could not handle the other items that were included in the bid package like the retianing wall and irrigation system. MOTION by Councilman Schneider to table this item to the next meeting on June 19, 1989 for a report from staff and an explanation why only one bid was received and a list of those companies to whom bid specifications were mailed. Seconded by Councilman Fitzpatrick. Mr. Burns, City Manager, stated an alternative to the interlocking pavinq stone is to use exposed aqgregate. He stated the Council 1 would have to decide if they wish to continue the red brick in the parking lot, as exposed aggregate would be less costly. He stated the concrete contractors are about finished at the site and, ' � __J FRIDLEY CITY COUNCIL MEETING OF JIINE 5, 1989 PAGE 19 therefore, a timely decision needs to be made regarding the type of material the Council wanted. UPON A VOICE VOTE TAKEN ON THE ABOVE MOTION, all voted aye, and Mayor Nee declared the motion carried unanimously. Mr. Kroos stated because of the theme through the plaza and some of the boulevards in the City, they were asked to look at the possibility of maintaining that continuity and introducing interlocking paving stone into the islands and parking lot. He stated, therefore, this was added into the landscaping package. He stated they are introducing exposed aggreqate into the plaza surface underneath the colonade. MOTION by Councilman Schneider to authorize the substitution of exposed aggregate in lieu of the interlocking paving stone in the parking lot. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Councilman Billings asked about HRA approval. Mr. Herrick stated he felt it would be appropriate and request the HRA's concurrence. 17. RECEIVING BIDS AND AWARDING CONTRACT FOR ASPHALT REPAIR OF THE FRIDLEY PLAZA PARKING RAMP: Mr. Kroos, Boarman and Associates, stated only one bid was received from Northwest Asphalt, Inc. of Shakopee, Minnesota for this project. He stated the bid was less than the estimated amount. MOTION by Councilman Fitzpatrick to receive the bid from Northwest Asphalt, Inc. in the amount of $12,565 for asphalt reapir of the Fridley Plaza Parking Ramp. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. MOTION by Councilman Fitzpatrick to award the contract for asphalt repair of the Fridley Plaza Parking Ramp to Northwest Asphalt, Inc. of Shakopee, Minnesota in the amount of $12,565. Seconded by Councilman Billings. Councilman Schneider stated he is still puzzled by the receipt of only one bid. Mr. Flora, Public Works Director, stated this is prime time for asphalt work and it may be that the job was too small for some of the larger companies to bid. UPON A VOICE VOTE TAKEN ON THE ABOVE MOTION, all voted aye, and Mayor Nee declared the motion carried unanimously. 18. RECEIVZNG BIDS AND AWARDING CONTRACT FOR EXTERIOR SIGNAGE OF FRIDLEY CITY COUNCIL MEETING OF JUNE 5. 1989 PAGE 20 � THE FRIDLEY PLAZA PARKING RAMP: Mr. Kroos, Boarman and Associates, stated only one bid was received from Nordquist Sign Company of Minneapolis in the amount of $29,800. He stated the original allowance for the signage was $20,000, however, when this amount was established, there was not a specific number of items and additional signs have been added. Mr. Kroos stated he did not feel that $29,800 was unreasonable for the signage. He stated he would not disagree, however, that there possibly could have been some higher and some lower bids if more companies had bid. Mr. Herrick, City Attorney, asked if these specifications were circulateld to local companies. Mr. Kroos stated they were circulateld to four good reputable sign companies. MOTION by Councilman Schneider to receive the bid from Nordquist Sign Company for the exterior signage of the Fridley Plaza Parking Ramp in the amount of $29,800. Seconded by Councilwoman Jorgenson. IIpon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. � MOTION by Councilman Schneider to table this item to the June 19, 1989 meeting for a report from staff and an explanation why only one bid was received and a list of companies to whom bid specifications were mailed. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 18A. RECEIVING BIDS AND AWARDING CONTRACT F�R APPLIANCES FOR THE MUNICIPAL CENTER: Mr. Kroos, Boarman and Associates, stated only one bid was received for the appliances for a total bid of $2,295. He stated Sears Contract Sales submitted a bid of $1,541 for the appliances; Klamm Mechanical submitted a bid of $354 for the plumbing hookup; and Gephart Electric submitted a bid of $400 for the electrical hookup. He stated he did not know if the hookup charges were warranted as being a legitimate part of this bid. Mr. Kroos stated the appliances include one double oven range with built-in hood; a 30 inch stainless steel vented range hood, a dishwasher and cord, range cord, and a six cubic foot compact refrigerator. MOTION by Councilman Schneider to receive the bid for the , appliances £rom Sears Contract Sales for $1,541 and from Klamm Mechanical for plumbing hookup at $354 and Gephart Electric for electrical hookup at $400. Seconded by Councilwoman Jorgenson. FRIDLEY CITY COUNCIL MEETING OF JUNE 5. 1989 PAGE 21 � Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. MOTION by Councilman Schneider to award the bid for the appliances to Sears Contract Sales in the amount of $1,541. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 19. RESOLUTION NO. 49-1989 APPROVING THE 1989-1994 CAPITAL IMPROVEMENT PROGRAM: MOTION by Councilman Fitzpatrick to adopt Resolution No. 49-1989. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 20. RECEIVING THE CHARTER COMMISSION MINUTES OF APRIL 24, 1989: MOTION by Councilman Schneider to receive the minutes of the Charter Commission of April 24, 1989. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 21. RESOLUTION NO. 50-1989 AUTHORIZING THE CITY MANAGER TO EXECUTE A CONCILIATION AGREEMENT WITH THE HUMAN RIGHTS DEPARJTMENT OF � THE STATE OF MINESOTA IN THE MATTER OF CAROLYN DREYER: MOTION by Councilwoman Jorgenson to adopt Resolution No. 50-1989. Sejconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 22. CONSIDERATION OF CHARTER COMMISSION'S MOTION TO RESCHEDULE THE REFERENDUM ELECTION FROM JULY 18, 1989 TO THE GENERAL ELECTION ON NOVEMBER 7. 1989: MOTION by Councilman Schneider to receive the Charter Commission's motion. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 23. CLAIMS• MOTION by Councilman Fitzpatrick to authorize payment of Claims No. 26383 through 26687. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 24. LICENSES: MOTION by Councilman Schneidekr to approve Yhe licenses as submitted and as on file in the License Clerk's Office, except � those for the Twin Cities Teen Club for a billiards, entertaiment and food establishment license. Seconded by Councilwoman Jorgenson. Upon a voice vote, all votinq aye, Mayor Nee declared L J FRIDLEY CITY COUNCIL MEETING OF JUNE 5, 1989 PAGE 22 the motion carried unanimously. LICENSES - TWIN CITIES TEEN CLUB: MOTION by Councilman Schneider to approve the billiards, entertainment and food establishment licenses for the Twin Cities Teen Club, with the stipulation that approval is received from the Anoka County Board of Health. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 25. ESTIMATES• MOTION by Councilwoman Jorgenson to approve the estimates as submitted: Herrick and Newman 6401 University Avenue N.E. Suite 205 Fridley, MN 55432 For services rendered as City Attorney For the month of May, 1989 ...... � Smith, Juster, Feikema, Malmon & Haskvitz 1000 IDS Center 80 South Eighth Street Minneapolis, MN 55402 � For services rendered for City Prosecutor For the month of January, 1989 ..... For the month of February, 1989. .... Gunderson Brothers 2325 Snelling Avenue Minneapolis, MN 55404 . . $ 3,909.00 $ 8,325.00 $ 8,430.00 1989 Miscellaneous Concrete Curb, Gutter & Sidewalk Project Estimate No. 1 . . . . . . . . . . . . . . . $10,881.49 Howard Needles Tammen & Bergendoff (HNTB) 6700 France Avenue South, Suite 260 Minneapolis, MN 55435 Water Distribution System Study Project No. 191 Estimate No. 1 . . . . . . . . . . . . . . . $ 7,543.83 C.S. McCrossan, P.O. Box 1240 Maple Grove, MN Inc. 55369 Street Improvement Project No. ST. 1988 - 1& 2 �� � � � FRIDLEY CITY COUNCIL MEETING OF JUNE 5, 1989 PAGE 23 Estimate No. 12 . . . . . . . . . . . . . . . $33,626.27 Volk Sewer & Water, Inc. 8909 Bass Creek Court Brooklyn Park, MN 55428 Water, Sanitary Sewer & Storm Sewer Project No. 188 Estimate No. 2 . . . . . . . . . . . . . . . $43,781.39 Secondled by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. ESTIMATE - PARK CONSTRUCTION: MOTION by Councilman Fitzpatrick to approve the estimate from Park Construction in the amount of $118,461.00. Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. ADJOURNMENT• MOTION by Councilman Schneider to adjourn the meeting. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the Regular Meeting of the Fridley City Council of June 5, 1989 adjourned at 10:40 p.m. Respectfully submitted, Carole Haddad Secretary to the City Council Approved: �� � William J. Mayor Nee / �