04/08/1991 - 00005945LJ
THE MINUTES OF THE REGULAR MEETING OF THE FRIDLEY CITY COUNCIL OF
APRIL 8, 1991
The Regular Meeting of the Fridley City Council was called to order
at 9:05 p.m. by Mayor Nee, after the Board of Review meeting.
ROLL CALL•
MEMBERS PRESENT:
MEMBERS ABSENT:
Mayor Nee, Councilman Billings, Councilman
Schneider, and Councilman Fitzpatrick
Councilwoman Jorgenson
Mayor Nee stated that Councilwoman Jorgenson was absent this
evening due to a death in the family.
Mayor Nee stated that the City Manager, Bill Burns, was attending
a conference on economic development and finance. He stated that
Jim Hill was the Acting City Manager for tonight's meeting.
PRESENTATION OF PROCLIaMATION:
MINNESOTA SPECIAL OLYMPICS DAY - JULY 13, 1991:
Mayor Nee read and issued a proclamation proclaiming July 13, 1991
as Minnesota Special Olympics Day and encouraqed Fridley citizens
� to attend the Minnesota Special Olympics softball games at
Community Park.
APPROVAL OF MINUTES:
�
COUNCIL MEETING, MARCH 25, 1991:
MOTION by Councilman Schneider to approve the minutes as presented.
Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting
aye, Mayor Nee declared the motion carried unanimously.
ADOPTION OF AGENDA:
MOTION by Councilman Fitzpatrick to adopt the agenda as submitted.
Seconded by Councilman Schneider. Upon a voice vote, all voting
aye, Mayor Nee declared the motion carried unanimously.
OPEN FORUM, VISITORS:
JEAN HAGBERG, 5881 - 2ND STREET N.E.:
Ms. Hagberg, 5881 - 2nd Street N.E., stated that the homeowners at
the end of 59th Avenue would like to install some fences and close
off the alley. She stated that the alley is not paved or
maintained and that persons are driving through this area.
'
FRIDLEY CITY COUNCIL MEETING OF APRIL 8, 1991 PAGE 2
Councilman Fitzpatrick stated that there is a process to vacate an
alley and asked that Ms. Hagberg contact Barb Dacy in Community
Development to obtain information on this procedure.
PUBLIC HEARING:
2. PUBLIC HEARING ON FINAL PLAT, P.S. #91-01, BY MILESTONE HOTEL
INVESTMENTS, ING . TO REPL7iT PART OF LOTS 1, 2, 3, 4 AND 5,
AUDITOR'S SUBDIVISION NO. 153, TO BE DESCRIBED AS LOTS 1
AND 2 BLOCK 1 SKYWOOD MALL ADDITION. GENERALLY LOCATED AT
5201 -5275 CENTRAL AVENUE N.E.:
MOTION by Councilman Billings to waive the reading of the public
hearing notice and open the public hearing. Seconded by Councilman
Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared
the motion carried unanimously, and the public hearing opened at
9:12 p.m.
Ms. Dacy, Community Development Director, stated that the property
in question is zoned commercial with R-1 to the east, to the north
Menard's property, and to the south apartment buildings. She
stated that the proposal is to subdivide the property into two
lots.
' Ms. Dacy stated that this plat is part of a three part application
by Milestone Hotel Investments Inc. She stated that the
petitioners are also seeking a lot split to accomplish this
subdivision by metes and bounds. She stated that another issue
was a side yard variance for a zero lot line between the motel and
the shopping mall.
�
Ms. Dacy stated that the Planning Commission recommended approval
of the plat with the stipulations that a 30 foot easement be
dedicated to accommodate a water line improvement and that the
agreement and easements referred to in the lot split application
be recorded on the final plat.
Ms. Judy Engebretson, 5216 Taylor Street, requested that if the
Council approves this lot split a stipulation be placed on the
resolution denying a future request for a liquor license. She
stated that previous promises at the Council meeting of October 17,
1983 were made to the residents that there would be no liquor
license for this property. Ms. Engebretson referred to a letter
to the residents of Taylor Street dated July 25, 1984 from Mr.
DeRosier in which he indicated that previous statements made
concerning the liquor license were true and correct and at the
present time there have been no changes. She stated that by
attaching a stipulation to the lot split there would be no future
misunderstandings in regard to a liquor license. She stated that
the residents will no longer rely on promises o£ good faith
concerning this property. She requested that this stipulation be
put in writing and that it be recorded.
FRIDLEY CITY COUNCIL MEETING OF APRIL 8, 1991 PAGE 3
� Ms. Engebretson stated that when the motel was constructed it was
presented as a family-oriented motel. She stated it has been
noticed that the majority of the users use the motel for party
facilities on weekends. She stated they are fully aware that
liquor is on the premises and is brought in by private parties.
Ms. Engebretson presented a petition requesting that any vote in
favor of granting a lot split for this motel contain a stipulation
that would deny the granting of any present or future requests for
a liquor license on either property excluding the site now being
occupied by the Ground Round.
Ms. Engebretson also submitted a letter from William and June
Kuether, 5268 Taylor Street, regarding a liquor license and the
maintenance of the hill behind the motel.
MOTION by Councilman Billings to receive Petition No. 1-1991 and
to also receive the letter from William and June Kuether dated
April 2, 1991. Seconded by Councilman Schneider. Upon a voice
vote, all voting aye, Mayor Nee declared the motion carried
unanimously.
Mr. Tim Ring, representing Marquette Bank, stated that when the
industrial development revenue financing was considered by the
� Council in 1983 the only statement regarding the liquor was from
Mr. DeRosier. He stated that Mr. DeRosier did not want a liquor
license. Mr. Ring stated that tying the lot split with prohibiting
liquor is not necessary because it should be addressed in an
application for a liquor license. He stated that what Milestone
Hotel Investments wants is the opportunity in the future to request
a liquor license. He stated that in order to sell the property
liquor prohibition cannot be tied to this lot split.
Mr. Ring stated that the property has deteriorated, and the
proposed buyers plan to invest $300,000 to $400,000 in the motel.
He stated that he believed it was in the best interests of the City
to approve the lot split and variance and to control the liquor
license through the licensing procedure.
Mr. Donald Delich, 5284 Taylor Street, stated that he was concerned
about the statement that the buyers do not want a liquor license
now but may request it in the future. He stated that he felt the
residents needed protection. He stated that he did not feel the
bank should request this type of concession to guarantee the value
of that property.
Mr. Bill Leavey, 1240 - 52nd Avenue, stated that there are three
bars within two blocks of the motel. He stated that the motel now
has group parties, and there is a certain amount of liquor that is
� brought into the motel. He stated that a lot of times teenagers
are involved. Mr. Leavey felt that if there are problems now he
questioned what it would be like if the motel had a liquor license.
�
FRIDLEY CITY COUNCIL MEETING OF APRIL 8, 1991 PAGE 4
Mr. Steve Kantorowicz, 5200 Taylor Street, stated that the parking
lot at the motel is full when there are parties and receptions.
He stated that people are in the parking lot talking loudly and
arguing. He questioned the number of police calls to the motel.
Mr. Kantorowicz stated that he cannot sit in his back yard because
there are young people sitting on the hill in back of the motel
just below his home.
Mayor Nee stated that the problem may be reduced if the motel had
a liquor license as they would have better control.
Mr. Hill, Acting City Manager, stated that in 1990 there were 47
police calls to the motel involving such things as disturbing the
peace, liquor violations, theft, and damages to property. He
stated that he would like Mr. Kantorowicz to call every time he
observes juveniles drinking.
Mr. Ring stated that
the liquor issue.
opportunity to come
license.
this was not the appropriate time to consider
He stated that all the buyers want is the
before the Council in the future for a liquor
Mr. Pat Conlin, representing Milestone Aotel Investments, Inc.,
stated that he would agree this is not the proper time to discuss
� the liquor issue but to discuss the current situation at the motel
of persons partying outside the premises. He stated that from a
management standpoint, when you have people bringing liquor on-site
there is less control than if liquor is being served at the motel.
He stated that if the motel had a liquor license he felt that there
would be a lot less problems with liquor and with minors consuming
alcohol on the premises.
�
Ms. Engebretson stated that from past experiences she has found
out that a stipulation in regard to the liquor license is the only
way to deal with the situation as it has to be down in writing.
She stated that in 1983 the developer promised to upgrade the mall.
She stated that, unfortunately, for some reason that particular
area seems to be doomed regardless of how much money or renovation
is put into the property. She stated that this is the reason
residents are here to make sure that a stipulation be recorded
regarding the liquor license so there will not be any future
misunderstandings.
Mr. Craig Alshouse, Craig Company, stated that he was hired by
Marquette Bank to market the motel, and it was his idea to split
this property. He stated that there are three different businesses
on this parcel; the office building, retail spaces, and the motel.
He stated that the office and retail spaces are real estate leasing
operations, and the reason the property is in this state is because
it does not work with one owner. He stated that he does not know
a person who knows how to handle all three of these businesses
properly.
FRIDLEY CITY COUNCIL MEETING OF APRIL 8, 1991 PAGE 5
� Mr. Alshouse stated that they have looked at every alternative to
improve the property such as to add capital to the retail site and
to bring in major tenants. He stated that the mall needs several
major tenants, and he felt the City would be better off to split
the parcel. He felt that this would allow a motel expert to
purchase the motel and a retail expert to purchase the retail
portion and bring them up to code. He stated that the purchase
agreement requires the buyers to make improvements to the motel.
Mr. Alshouse stated that Marquette Bank does not own the property,
but that 400 bond holders around the country own it. He stated
that Marquette Bank is the trustee, not the mortgagee, and the bank
did not lend any money on this property.
Mr. Kantorowicz questioned where people would park if the motel
were to obtain a liquor license.
Ms. Dacy stated that the site does not meet the parking
requirements according to today's standards. She stated that the
extra parking lot constructed between the Ground Round and Twin
City Federal does help, but the property is short about l00 spaces.
She stated that there is space to stripe about an additional twenty
spaces.
� Mr. Curt Gudmundson, representing Milestone Hotel Investments,
Inc., stated that they are not applying for a liquor license and
are in the motel business. He stated that he would guarantee they
have not had 47 police calls to all of their motels. Mr.
Gudmundson stated that they are requesting the liquor license be
open to its own process. He stated that they do not have a liquor
emphasis at the motel, but for motels to be competitive it is
appropriate to have liquor. He stated that he did not feel it made
sense to tie a liquor license to a lot split. He stated that the
problem is not the liquor license but bringing liquor into the
establishment.
Councilman Billings stated that he is curious as to the marketing
strategy for the motel. He asked what kind of changes they are
proposing.
Mr. Gudmundson stated that the rooms and banquet facilities have
to be lightened as the decor now leaves a very depressed feeling.
He stated that the motel should be pleasant. He stated that
another emphasis was on value and felt pricing was important. Mr.
Gudmundson stated that they are in the hospitality business and do
not have a liquor emphasis.
Councilman Billings asked Mr. Gudmundson to define the hospitality
business.
�
FRIDLEY CITY COUNCIL MEETING OF APRIL 8, 1991 PAGE 6
� Mr. Gudmundson stated that they would not rule out food and
beverage. He stated that the motel is built as a full service
property as opposed to a limited service property.
Councilman Billings stated that he did not want to address the
liquor license per se, but the concept that was sold to the
neighborhood several years ago was that this would be a family-
oriented motel and used by travelers who come to Fridley and not
to attract people for banquets and weddings. He stated that this
motel exists because the developer made certain promises to the
Council and to the neighborhood.
Councilman Billings stated he would have to disagree that the most
important thing is the sale of the property. He stated that the
most important thing is the preservation of this neighborhood. He
stated that no where has he seen that it was his duty as a
Councilmember to protect the financial integrity of any bond
holders or commercial and industrial property to the detriment of
the residents of this City.
Mr. Gudmundson stated that the property can be enhanced by approval
of the lot split. He stated that they are only saying the City has
a procedure for a liquor license as opposed to placing restrictions
on the lot split. He stated that he felt it was a chance to
� upgrade the motel.
Councilman Billings stated that the issue before the Council is the
lot split and the replatting of the property. He stated that he
finds it incredible the amount of tenacity that both sides of the
issue have relative to the liquor license. He stated that it is
obviously a very important issue. He stated that he almost feels
compelled to address the issue because of the strong feelings on
both sides. Councilman Sillings stated that his concern is the
neighborhood and the impact this property has on the neighborhood.
Mr. Gudmundson stated that they are in full agreement with those
concerns. He stated that they are trying to bring some money into
the community, and it seems they are not welcome.
Mr. Kantorowicz asked how many of the other motels owned by
Milestone Investments are adjacent to private property.
Mr. Gudmundson stated that probably about one-third of them. He
stated that they are not coming into the City to make things worse
and are not responsible for the failures in the past.
Mr. Conlin stated that he felt the sale was related to the
preservation of the neighborhood. He stated that if there was no
sale he felt that the property would further deteriorate and,
� without any capital put into it, it would probably be very negative
to the community.
FRIDLEY CITY COUNCIL MEETING OF APRIL 8, 1991 PAGE 7
1 Councilman Schneider stated that he felt the Council made a promise
to the neighborhood not to have liquor at this establishment. He
asked the City Attorney if the Council had the discretion of voting
against a liquor license.
Mr. Gregg Herrick, representing the City Attorney's Office, stated
that it seems there are concerns here that would allow the Council
to deny the liquor license if an application was submitted because
of problems that have materialized such as the noise, traffic, and
late night parties.
Councilman Schneider asked if the lot split could be granted and
then a resolution o£ intent passed which would serve notice to the
property owners that it is very unlikely a liquor license would be
granted.
Mr. Herrick stated that the Council could make that declaration
based on past findings and the present use of the property. Ae
stated that he did not know if it would be binding but it would be
a declaration of intent.
Mr. Leavey stated that he did not have anything against Milestone
Investments but felt that the residents did not want a liquor
license for this property. He stated that he felt a liquor license
� was not needed to run a properly managed motel.
Councilman Schneider stated that the prospective buyers want the
option to apply for a liquor license, but there is very little
doubt in his mind, given the situation as it is today, that it
would be approved.
Mr. Leavey asked if a liquor license was necessary for the motel
to thrive.
Mr. Gudmundson stated that it was not necessary, but they did not
want to give up their right to come before the Council in the
future for a liquor license.
Councilman Schneider asked if it would be appropriate to add the
stipulation to the lot split regarding the liquor license.
Mr. Herrick stated that the lot split should stand on its own. He
stated that if there was an application for a liquor license at a
later date, the liquor license should be reviewed by the Council
as to its appropriateness.
Mr. Herrick stated that the other issue is the covenant on the
Ground Round lease. He stated that he does not have a copy of the
fully executed lease but understands the Ground Round lease
' indicates that for the period of its lease it will be the only
liquor license establishment in that area. He stated that in the
deed to the Skywood Mall, of which his copy is not a completely
FRIDLEY CITY COUNCIL MEETING OF APRIL 8, 1991 PAGE 8
� executed one, it indicates the property is subject to that covenant
or subject to the rights of the Ground Round. He stated that it
seems another liquor license would be excluded by reason of those
recorded documents.
Councilman Schneider asked if the lot split was granted and a
stipulation added regarding liquor, if it puts the City at risk if
the lot split is challenged.
Mr. Herrick stated that the option would exist for an argument that
it is an inappropriate restriction on the development of property.
He stated that if the purchase agreement is contingent on no
restriction on the liquor license application, and the court finds
that it is inappropriate and the sale is lost, it could be a
problem.
Councilman Billings stated that in reference to the Ground Round's
lease, the lease specifically indicates that within 1,500 £eet of
the premises to be used or occupied that there will not be a
restaurant business or sale or furnishing of food, desserts, etc.
He stated that the lease goes on to make some exceptions for those
businesses that existed at the time the lease was executed. He
stated that there is already a food operation which would be
contrary to this clause of the Howard Johnson lease. He stated
� that he did not know if Howard Johnson has signed off on that
restaurant, but his concern is not to protect Howard Johnson,
Ground Round, or the bond holders.
Councilman Billings stated that he is concerned about the
residential properties and the shortage of over 100 parking spaces.
He stated that he is concerned with any change in the business
operation that would promote additional traffic on the site for
different activities. He stated that the Council may want to
consider a stipulation to the lot split stating that there be no
changes in the operation that would create the need for additional
parking.
Mayor Nee stated that he felt the question was would this property
have a better chance for success if the ownership was split. He
stated that the parking question is related as well as the cross
easements and the maintenance agreements.
Councilman Schneider stated that his concern was for the
neighborhood, and the Council made the commitment not to allow
liquor to be sold at this motel.
Mr. Kantorowicz stated that if an application is received for a
liquor license for this motel, he requested that the residents be
notified.
� MOTION by Councilman Billings to close the public hearing.
Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting
FRIDLEY CITY COUNCIL MEETING OF APRIL 8, 1991 PAGE 9
� aye, Mayor Nee declared the motion carried unanimously and the
public hearing closed at 10:19 p.m.
OLD BUSINESS:
3. ORDINANCE NO. 969 RECODIFYING THE FRIDLEY CITY CODE, CHAPTER
125, ENTITLED "SAUNAS AND MASSAGE PARLORS," BY AMENDING
SECTION 125.02.06, BY ADDING NEW SECTION 125.03 "EXCEPTIONS,"
AND BY RENUMBERING THE REMAINING SECTIONS CONSECUTIVELY:
Mr. Hill, Acting City Manager, stated that this was an amendment
to the sauna and massage parlor ordinance, primarily to allow the
therapeutic massage group to practice their profession. He stated
that this group has been active in other cities, and the other
cities have been amending their ordinances in order to allow these
persons to perform therapeutic massage.
MOTION by Coux�cilmar� Schneider to waive the second reading of
Ordinance No. 969 and adopt it on the second reading and order
publication. Seconded by Councilman Fitzpatrick.
Councilman Billings stated that, as he indicated at the last
meeting, several years ago the City passed the original sauna and
massage ordinance to clean up a problem in the City. He stated
� that he personally did not think it was appropriate at this time
to change the ordinance. He stated that persons can get
therapeutic massage in other cities and did not think the ordinance
should be changed so one person could have a home occupation.
UPON A VOICE VOTE TAKEN ON THE ABOVE MOTION, Councilman Schneider,
Councilman Fitzpatrick, and Mayor Nee voted in favor of the motion.
Councilman Billings voted against the motion. Mayor Nee declared
the motion carried by a 3 to 1 vote.
4. VARIANCE REQUEST. VAR #90-32, BY FIRST WESTERN DEVELOPMENT
CORPORATION (TABLED 3/25/911:
MOTION by Councilman Fitzpatrick to receive the letter from First
Western Development and table consideration of this variance
request, VAR #90-32, indefinitely. Seconded by Councilman
Schneider. Upon a voice vote, all voting aye, Mayor Nee declared
the motion carried unanimously.
5. RESOLUTION APPROVING A SUBDIVISION, LOT SPLIT. L.S. #91-02,
TO SPLIT LOTS 1-5. AUDITOR'S SUBDIVISION NO. 153 INTO TWO
SEPARATE PARCELS, PARCEL A AND PARCEL B, GENERALLY LOCATED AT
5201 - 5275 CENTRAL AVENUE N.E. (TABLED 3/25/91�
MOTION by Councilman Billings to table this item to April 22, 1991.
� Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting
aye, Mayor Nee declared the motion carried unanimously.
FRIDLEY CITY COUNCIL MEETING OF APRIL 8, 1991 PAGE 10
� 6. RECEIVE AN ITEM FROM THE APPEALS COMMISSION MEETING OF MARCH
12, 1991:
A. VARIANCE REQUEST, VAR #91-04, BY MILESTONE HOTEL INVESTMENTS,
INC., TO REDUCE THE SIDE YARD SETBACK FROM 15 FEET TO 0 FEET
FOR PROPOSED LOTS 1 AND 2, BLOCK l, SKYWOOD MALL ADDITION, TO
ALLOW A ZERO LOT LINE IN A CONIMERCIAL DISTRICT, GENERALLY
LOCATED AT 5201 - 5275 CENTRAL AVENUE N.E. (TABZED 3(25f91):
MOTION by Councilman Billings to table this item to April 22, 1991.
Seconded by Councilman Schneider. Upon a voice vote, all voting
aye, Mayor Nee declared the motion carried unanimously.
NEW BUSINESS:
7. RECEIVE THE MINUTES OF THE PLANNING COMMISSION MEETING OF
MARCH 27, 1991•
A. SPECIAL USE PERMIT, SP #90-18, BY HUMBERTO MARTINEZ, PER
SECTION 205.18.03.C(41 OF THE FRIDLEY CITY CODE, TO ALLOW THE
LOT COVERAGE TO BE INCREASED FROM 40 PERCENT MAXIMUM TO 44
PERCENT MAXIMUM ON LOTS 1 THROUGH 5, BLOCK 6, ONAWAY ADDITION,
GENERALLY LOCATED AT 7786 BEECH STREET N.E.:
� Ms. Dacy stated that Mr. Martinez was not present this evening,
therefore, the following action was taken:
MOTION by Councilman Billings to table this item to April 22, 1991.
Seconded by Councilman Schneider. Upon a voice vote, all voting
aye, Mayor Nee declared the motion carried unanimously.
B. SPECIAL USE PERMIT. SP #91-04, BY DAVID AND SHERI McCAIN, PER
SECTION 205.24.04(D) OF THE FRIDLEY CITY CODE, TO ALLOW THE
CONSTRUCTION OF AN ADDITION TO AN EXISTING HOUSE IN THE CRP-2
(FLOOD FRINGE) DISTRICT, ON LOTS 17-20, BLOCK T, RIVERVIEW
HEIGHTS, THE SAME BEING 689 FAIRMONT STREET N.E.:
Ms. Dacy, Community Development Director, stated that Mr. and Mrs.
McCain stated they wished to withdraw this request. She stated
she asked that they submit this request in writing. Ms. Dacy
stated that they are withdrawing their application for the special
use permit as they felt they would be over building in that area.
MOTION by Councilman Fitzpatrick to table this item to April 22,
1991. Seconded by Councilman Schneider. Upon a voice vote, all
voting aye, Mayor Nee declared the motion carried unanimously.
�
FRIDLEY CITY COUNCIL MEETING OF APRIL 8. 1991 PAGE 11
� C. SPECIAL USE PERMIT, SP #91-05, BY RANDALL OLCHEFSKE OF
RIVERSIDE CAR WASH, PER SECTION 205.14.01.C.6 OF THE FRIDLEY
CITY CODE, TO ALLOW THE EXPANSION OF A MOTOR VEHICLE WASH
ESTABLISHMENT ON TRACT D, REGISTERED LAND SURVEY NO. 19. THE
SAME BEING 6520 EAST RIVER ROAD N.E.:
Ms. Dacy, Community Development Airector, stated that this property
is located in the northwest corner of Mississippi Street and East
River Road and is zoned C-2. She stated that this special use
permit is requested for expansion of the car wash facility. She
stated that the petitioner wishes to remove a portion of the
existing building and construct a new addition to enclose the
westerly part of the building. She stated that the purpose of this
enclosure is to provide an area for a full service car wash.
Ms. Dacy stated that staff is recommending approval despite the
fact that a variance is needed for the enclosure. She stated that
this expansion does not alter the traffic patterns on the property.
Ms. Dacy stated that the Planning Commission recommended approval
with the stipulation that the variance also be granted.
MoTION by Councilman Fitzpatrick to grant Special Use Permit,
SP #91-05, with the stipulation that Variance Request, VAR #91-06,
� is also approved. Seconded by Councilman Schneider. Upon a voice
vote, all voting aye, Mayor Nee declared the motion carried
unanimously.
�
D. SET PUBLIC HEARING FOR APRIL 22, 1991. FOR A REGISTERED LAND
SURVEY, P.S. #91-02, BY STEVEN BRUNS FOR MIDWEST SUPER STOP
TO REPLAT PROPERTY GENERALLY LOCATE� AT 8100 EAST RIVER
ROAD N.E.•
MOTION by Councilman Fitzpatrick to set the public hearing on
P.S. #91-02 for April 22, 1991. Seconded by Councilman Billings.
Upon a voice vote, all voting aye, Mayor Nee declared the motion
carried unanimously.
MOTION by Councilman Schneider to receive the minutes of the
Planning Commission Meeting of March 27, 1991. Seconded by
Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor
Nee declared the motion carried unanimously.
�
�
�
FRIDLEY CITY COUNCIL MEETING OF APRIL 8. 1991 PAGE 12
8. RECEIVE AN ITEM FROM THE APPEALS COMMISSION MEETING OF
MARCH 26, 1991:
A. VARIANCE VAR #90-31, BY HUMBERTO MARTINEZ, TO REDUCE THE LOT
AREA FROM 1-1/2 ACRES (65,340 SQUARE FEET1 TO 1/3 ACRE (14,320
S9UARE FEET1; TO REDUCE THE REOUIRED LOT WIDTH FROM 150 FEET
TO 88 FEET; TO REDUCE THE SIDE YARD SETBACK FROM 20 FEET TO
8 FEET: TO REDUCE THE SIDE YARD SETBACK ON A CORNER LOT FROM
35 FEET TO 8 FEET; TO REDUCE THE REAR YARD SETBACK FROM 25
FEET TO 8 FEET; TO REDUCE THE PARKING SETBACK FROM 20 FEET TO
8 FEET TO ALLOW THE CONSTRUCTION OF AN ADDITION ON LOTS 1-5,
BLOCR 6, ONAWAY ADDITION, THE SAME BEING 7786 BEECH
STREET N.E.:
MOTION by Councilman Billings to table this item to April 22, 1991.
Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting
aye, Mayor Nee declared the motion carried unanimously.
RECEIVE ITEMS FROM THE APPEALS COMMISSION MEETING OF MARCH 12,
1991'
A. VARIANCE REOUEST, VAR #91-05, BY DAVID AND SHERI McCAIN TO
REDUCE THE REOUIRED FRONT YARD SETBACK FROM 35 FEET TO 24
FEET. TO ALLOW THE CONSTRUCTION OF AN ADDITION ON LOTS 17, 18,
19 AND 20. BLOCK T, RIVERVIEW HEIGHTS ADDITION, THE SAME BEING
689 FAIRMONT STREET N.E.:
MOTION by Councilman Fitzpatrick to table this item to April 22,
1991. Seconded by Councilman Schneider. IIpon a voice vote, all
voting aye, Mayor Nee declared the motion carried unanimously.
B. VARIANCE REOUEST, VAR #91-06, BY RANDALL OLCHEFSKE FOR
RIVERSIDE CAR WASH TO REDUCE THE REOUIRED SIDE YARD SETBACK
ON A CORNER LOT FROM 35 FEET TO 19 FEET. ON TRACT D,
REGISTERED LAND SURVEY NO. 19, THE SAME BEING 6520 EAST RIVER
ROAD N.E.-
MoTION by Councilman Fitzpatrick to grant Variance Request,
VAR #91-06 to reduce the required side yard setback on a corner lot
from 35 feet to 19 feet. Seconded by Councilman Schneider. Upon
a voice vote, all voting aye, Mayor Nee declared the motion carried
unanimously.
10. APPROVAL OF AMENDMENT TO THE MOORE LAKE COMMONS EAST
COMPREHENSIVE SIGN PLAN:
Ms. Dacy, Community Development Director, stated that this
amendment is to provide signage for second floor office tenants in
the Moore Lake Commons East shopping center. She stated that staff
is recommending approval of this amendment as it meets the
requirements of the sign ordinance.
�
�
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FRIDLEY CITY COUNCIL MEETING OF APRIL 8, 1991 PAGE 13
MOTION by Councilman Schneider to approve the amendment to the
Moore Lake Commons East comprehensive sign plan. Seconded by
Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor
Nee declared the motion carried unanimously.
11. RECEIVE BIDS AND AWARD CONTRACT FOR 1991 MISCELLANEOUS
CONCRETE CURB. GUTTER, AND SIDEWALK PROJECT:
MOTION by Councilman Fitzpatrick to receive the following bids for
the 1991 miscellaneous concrete curb, gutter, and sidewalk project:
CKi)dli\��'1
Halvorson Construction
4227 - 165th Avenue NE
Anoka, MN 55304
Standard Sidewalk
29635 Neal Avenue
Lindstrom, MN 55045
Advance Concrete
7438 Upton
Richfield, MN 55423
Landmark Concrete
1548 - 164th Lane NE
Ham Lake, NIN 55304
Gunderson Bros.
2325 Snelling Avenue
Minneapolis, MN 55404
Lindahl & Carlson
1821 University Avenue
Suite 318
St. Paul, MN 55104
Jim Clausen ConstYUCtion
16821 Pebble Brook Ct.
Prior Lake, MN 55372
Thomas and Sons
13925 Northdale Blvd.
P.O. Box 303
Rogers, MN 55374-0303
DNCON
7870 - 161st Street West
Lakeville, MN 55044
TOTAL
BID
$25,502.30
$28,53D.00
$28,650.00
$29,038.00
$3D,585.00
$32,390.00
$32,910.00
$33,980.00
$34,593.00
ALTERNATE
BID
$28,084.00
$32,025.00
$ 7,570.10
(voided)
$16,869.86
$21,693.OD
$25,072.60
�• : �
$26,320.00
$28,210.00
�
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FRIDLEY CITY COUNCIL MEETING OF APRIL 8. 1991 PAGE 14
Curbmasters Inc.
10150 - 101st Street N.
Stillwater, MN 55082
Van Norman Concrete
4245 - 165th Avenue
Ham Lake, MN 55304
Sunram Landscaping
7675 Troy Lane
Maple Grove, MN 55369
Neeck Construction
8321 Knollwood Drive
Mounds View, MN 55112
$35,600.00
$36,680.00
$47,900.00
$49,393.00
$19,488.00
NO BID
2D,857.20
$32,121.00
Seconded by Councilman Schneider. Upon a voice vote, all voting
aye, Mayor Nee declared the motion carried unanimously.
Mr. Flora, Public Works Director, stated that thirteen bids were
received for the 1991 miscellaneous concrete curb, gutter,and
sidewalk project. He stated that an alternate bid was added for
the construction of the foundation and slab work at the Fire
Training Center.
Mr. Flora stated that the low bidder for concrete curb, gutter, and
sidewalk was Halvorson Construction with a bid of $25,502.3o and
the low bidder for the foundation and slab work at the Fire
Training Center was Landmark Concrete at $16,869.86. He stated
that the bid from Advance concrete was voided as the bidder made
an error and bid on square feet rather than square yards.
Mr. Flora stated that he would recommend the contracts be awarded
to the low bidders, Halvorson Construction and Landmark Concrete.
MOTION by Councilman Schneider to award the contract for the 1991
miscellaneous concrete curb, gutter, and sidewalk project to the
low bidder, Halvorson Construction, in the amount of $25,502.30 and
to award the contract for the foundation and slab work at the Fire
Training Center to the low bidder, Landmark Concrete, in the amount
of $16,869.86. Seconded by Councilman Fitzpatrick.
Councilman Billinqs asked if there is a clause in the contracts
relative to prevailing wages. Mr. Flora stated that clause is in
all of the contracts.
UPON A VOICE VOTE TAKEN ON THE ABOVE MOTION, all voted aye, and
Mayor Nee declared the motion carried unanimously.
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FRIDLEY CITY COUNCIL MEETING OF APRIL 8, 1991 PAGE 15
12. RECEIVE BIDS AND AWARD CONTRACT FOR SANITARY SEWER PROJECT
N0. 221 (HACKMANN AVENUEI:
MOTION by Councilman Schneider to receive the following bids for
Sanitary Sewer Project No. 221:
COMPANY
Insituform Central
6167 North Kent Ave.
Milwaukee, WI 53217
Visu-Sewer Clean & Seal
2849 Hedborg Drive
Minneapolis, MN 55343
TOTAL BID
$25,101.00
$25,139.00
Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting
aye, Mayor Nee declared the motion carried unanimously.
Mr. Flora, Public Works Director, stated that two bids were
received for this project and recommended that the contract be
awarded to the low bidder, Insituform Central in the amount of
$25,101.00.
� MOTION by Councilman Fitzpatrick to award the contract for Sanitary
Sewer Project No. 221 to the low bidder, Insituform Central, in the
amount of $25,101.00. Seconded by Councilman Schneider. Upon a
voice vote, all voting aye, Mayor Nee declared the motion carried
unanimously.
13. RESOLUTION NO. 35-1991 IN SUPPORT OF AN APPLICATION FOR A
MINNESOTA LAWFUL GAMBLING PREMISE PERMIT TO THE WOMEN'S
ASSOCIATION OF ALLIED BEVERAGE INDUSTRIES, INC. (WAAB L
Mr. Pribyl, Finance Director, stated that this gambling premise
permit is for the Shorewood Restaurant and Lounge. He stated that
the Public Safety Director, Jim IIill, has approved tha gambling
permit, and Minnesota statutes requires the adoption of a
resolution approving or denying any type of gambling permit.
Ms. Reba Whiteoak, representing the WAAB, stated that this
organization was formed over 45 years ago, and they raise funds for
charitable purposes. She stated that this is a national
organization and has charters all over the United States. Ms.
Whiteoak stated they felt that by going into charitable gambling,
they would have a chance to make more money for those who need
their help.
Mr. Hill, Acting City Manager, stated that he was contacted by this
� organization regarding the possibility of their operating a pull-
tab operation from the Shorewood Restaurant and Lounge. He stated
that the City no longer approves the specific gambling license, and
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FRIDLEY CITY COUNCIL MEETING OF APRIL 8, 1991 PAGE 16
he suqqested they apply for the license with the State and then
apply for the premise permit for where they wished to locate.
Mr. Hill stated that he had some concern regarding the
organization's understanding of the City's ordinances regarding
fif�y percent of their profits going to the Fridley trade area.
He stated that he has reviewed their files to determine where they
have donated to charity and about one-third would qualify under the
City's current ordinances. He stated that the organization has
indicated they would have no difficulty in fultilling the ordinance
requirements.
MOTION by Councilman Schneider to adopt Resolution No. 35-1991.
Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting
aye, Mayor Nee declared the motion carried unanimously.
14. INFORMAL STATUS REPORTS:
There were no informal status reports.
15. CLAIMS•
MOTION by Councilman Fitzpatrick to authorize payment of Claims No.
36920 through 37106. Seconded by Councilman Schneider. Upon a
� voice vote, all voting aye, Mayor Nee declared the motion carried
unanimously.
16. LICENSES•
MOTION by Councilman Schneider to approve the licenses as submitted
and as on file in the License Clerk's Office. Seconded by
Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor
Nee declared the motion carried unanimously.
17. ESTIMATES•
MoTION by Councilman Schneider to approve
submitted:
Layne Minnesota Co.
3147 California Street N.E.
Minneapolis, MN 55418
Repair and Maintenance of Well No. 9,
Project No. 215
(Well Nos. 1& 4 are pending)
FINAL ESTIMATE . . . . . . . . . . .
�
the estimates as
$3,608.00
L J
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FRIDLEY CITY COUNCIL MEETING OF APRIL 8, 1991 PAGE 17
Herrick & Newman
205 Fridley Plaza Office Building
6401 University Avenue N.E.
Fridley, MN 55432
Services Rendered as City Attorney for
the Month of March, 1991 . . . . . . . . . . $5,909.25
Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting
aye, Mayor Nee declared the motion carried unanimously.
AA70URNMENT•
MOTION by Councilman Schneider to adjourn the meeting. Seconded
by Councilman Fitzpatrick. Upon a voice vote, all voting aye,
Mayor Nee declared the motion carried unanimously and the Regular
Meeting of the Fridley City Council of April 8, 1991 adjourned at
10:46 p.m.
Respectfully submitted,
Carole Haddad
Secretary to the City Council
Approved:
William J. Nee
Mayor