Loading...
04/03/1989 - 00006843� � 1 THE MINUTES OF THE REGULAR MEETING OF TAE FRIDLEY CITY COUNCIL OF APRIL 3, 1989 The Regular Meeting of the Fridley City Council was called to order at 7:38 p.m. by Mayor Nee. PLEDGE OF ALLEGIANCE: Mayor Nee led the Council and audience in the Pledge of Alleqiance to the Flag. ROLL CALL: MEMBERS PRESENT: MEMBERS ABSENT: APPROVAL OF MINUTES: Mayor Nee, Councilwoman Jorgenson, Councilman Fitzpatrick and Councilman Billings Councilman Schneider COUNCIL MEETING, MARCH 20, 1989: MOTION by Councilman Fitzpatrick 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 that Items 3 and 7 be deleted from the agenda. MOTION by Councilman Billings to adopt the agenda with the above deletions. Seconded by Councilman Fitzpatrick. Upon a voice vote, all Voting aye, Mayor Nee declared the motion oarried unanimously. OPEN FORUM, VISITORS: There was no response from the audience under this item of business. OLD BUSINESS' 1. ORDINANCE NO. 921 AMENDING SECTION 4.06 OF THE FRIDLEY CITY CHARTER• Mr. Hunt, Assistant to the City Manager, stated there have been no changes to this ordinance since the first reading at the last Council meeting. He stated this amendment brings the Charter into conformance with State election laws and eliminates the necessity to again amend the Charter if, in the future, there is a change in State law. � � , FRIDLEY CITY COUNCIL MEETING OF APRIL 3. 1989 PAGE 2 MOTION by Councilman Fitzpatrick to waive the reading and adopt Ordinance No. 921 on the second reading and order publication. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. NEW BUSINESS• 2. CONSIDERATION OF FIRST READING OF AN ORDINANCE AMENDING CHAPTER 402. 7 OF THE FRIDLEY CITY CODE PROVIDING FOR THE ESTABLISHMENT OF WATER CONSERVATION REGULATIONS: Mr. Aunt, Assistant to the City Manager, stated last year the Council passed special provisions for water conservation during the drought. He stated the current ordinance or code requires an amendment to the ordinance in order to make a change in water conservation regulations. Mr. Hunt stated this proposed amendment would allow more flexibility so that the Council could, by resolution, establish water conservation measures. He stated this amendment also eliminates the odd/even system which may or may not provide the quickest response time if water conservation measures were necessary. MoTION by Councilman Fitzpatrick to waive the reading and approve the ordinance upon first reading. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 3. CONSIDERATION OF A RESOLUTION APPROVING PLAT, P.S. #88-03, GLACIER PARK COMPANY ADDITION: This item was deleted from the agenda. 4. RECEIVING THE MINUTES OF THE PLANNING COMMIS5ION MEETING OF MARCH 22, 1989• A. CONSIDERATION OF A SPECIAL USE PERMIT, SP #89-02, TO ALLOW THE CONSTRUCTION OF A SINGLE FAMILY DWELLING IN THE FLOOD FRINGE DISTRICT ON PROPERTY LOCATED ON LOTS 13, 14 AND 15. BLOCK M, RIVERVIEW HEIGHTS, THE SAME BEING 7919 BROAD AVENUE N.E., BY JIM BOWE: AND CONSIDERATION OF A MOTION TO ALLOW AN UNENCLOSED DECK TO BE BUILT OVER A CITY EASEMENT AT 7919 BROAD AVENUE N.E. Ms. Dacy, Planning Coordinator, stated this property is located in the northeast corner of Broad Avenue and Buffalo Street. She stated the applicant is proposing to construct a split level home on this site. She stated a special use permit application was approved by the Council in 1981 for this property. Ms. Dacy stated the Planning Commission recommended approval of . _� FRIDLEY CITY COIINCIL MEETING OF APRIL 3. 1989 PAGE 3 � this special use permit suhject to four stipulations which she outlined as follows: (1) a grading and drainage plan shall be submitted and approved prior to any alteration of the land and the issuance of the building permit, and the grading and drainage plan shall specifically address the effects on surrounding properties; (2) the lowest floor elevation must be 823.9 feet or higher and the elevation must be maintained for 15 feet around the structure; (3) the petitioner shall receive approval from the City Council to permit the deck to encroach into the City's easement; and (4) prior to the issuance of the building permit, the property owner shall sign a covenant to be recorded at the County, releasing the City from any liability for issuance of this special use permit. Ms. Dacy stated these stipulations have been discussed with the applicant, Mr. Bowe, and he is in agreement with them. Councilman Fitzpatrick asked if Stipulation No. 3 requires a separate action. Ms. Dacy stated approval for the encroachment should be a separate action. She stated staff will have Mr. Bowe sign an agreement releasing the City from any liability that would occur from encroachment into the City's easement. � MOTION by Councilman Fitzpatrick to grant Special Use Permit, SP #89-02 with the following stipulations: (1) a grading and drainage plan shall be submitted and approved prior to any alteration of the land and the issuance of the building permit, and the grading and drainage plan shall speci£iaally address the e£fects on surrounding properties; (2) the lowest floor elevation must be 823.9 feet or higher and the elevation must be maintained for 15 feet around the structure; (3) the petitioner shall receive approval from the City Council to permit the deck to encroach into the City's easement; and (4) prior to the issuance of the building permit, the property owner shall sign a covenant to be recorded at the County, releasing the City from any liability for issuance of this special use permit. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. MOTION by Councilman Fitzpatrick to permit the encroachment of an unenclosed deck 12 feet into the City's easement subject to execution of a recordable agreement holding the City harmless for reconstruction costs should the City need to remove the deck. This agreement shall be recorded prior to issuance of a building permit. Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Mr. Bowe stated he would like to increase the size of the deck from 8 feet by 16 feet to 12 feet by 20 or 24 feet. � Councilman Fitzgatrick stated he believed the motion took this into consideration. � ' � FRIDLEY CITY COUNCIL MEETING OF APRIL 3, 1989 FAGE 4 B. CONSIDERATION OF A SPECIAL USE PERMIT, SP #89-03, TO ALLOW THE EXPANSION OF UNIVERSITY AVENUE BILLIARDS TO INSTALL ADDITIONAL BILLIARD TABLES AND ARCADE GAMES IN A TENANT SPACE ADJACENT TO THE EXISTING FACILITY ON LOTS 4. 5. AND 6, BLOCK 1. PACO INDUSTRIAL PARK, THE SAME $EING 7178 iJNIVERSITY AVENUE N.E.. BY GREG ASPROTH: Ms. Dacy, Planning Coordinator, stated this is a request to allow expansion of University Avenue Billiards located in the Rice Creek Business Center at 7178 University Avenue. She stated University Avenue Billiards currently occupies Bays 4 and 5 and they wish to expand into Bay 6. She stated University Avenue Billiards is proposing to add 11 pool tables and 5 additional video games. Ms. Dacy stated the Planning Commission recommended approval of this special use permit subject to six stipulations. She stated all of these stipulations mirror the previous approval granted by the Council in 1988. She stated the one addition recommended was that the development owner agree, in writinq, to accept Stipulation No. 5 prior to approval by the City Council. Ms. Dacy stated Stipulation No. 5 provides that the development owner shall notify the City of future additions/expansion in vecant building space and shall accept limitations on ocaupancy of remaining vacant space should parking shortages result. Ms. Dacy stated a letter has been received from Winfield Development acknowledging Stipulation No. 5. Mr. Burns, City Manager, requested a clarification of the intent of Stipulation No. 6. He stated he understands this special use permit would not be reviewed by the Council in August, 1989 or sooner, if there are no problems. Mr. Robertson, Community Development Director, stated Mr. Burns' understanding was correct and this stipulation does not provide for a mandatory review. MOTION by Councilman Billings to receive the oommunication from Winfield Development dated March 29, 1989 in which they agree to aomply with the terms of Stipulation No. 5. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. MOTION by Councilman Billings to grant Special Use Permit, SP #89- 03, with the following stipulations: (1) the petitioner shall sign and enforce curfew £or minors; (2) the petitioner shall provide adequate adult staff at all times with at least two adults on staff from 6:00 p.m. to closing on Fridays and Saturdays; (3) the petitioner shall patrol parking lot and manage its misuse; (4) no alcoholic beverages shall be served or allowed on premises; (5) the development owner shall notify the City of future additionsjexpansion in vaoant building space and shall accept � � ' FRIDLEY CITY COUNCIL MEETING OF APRIL 3, 1989 PAGE 5 limitations on occupancy of remaining vacant space should parking shortages result. The development owner shall agree in writing to accept this stipulation prior to the approval of the speoial use permit by the City Council; and (6) the special use permit shall be reviewed by City Council at the first meeting in August, 1989 or sooner if the City determines there is a management problem which requires further restrictions or removal. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Councilman Billings stated it is his understanding that the City has had few, if any, problems at this location and they have proved to be a good neighbor. He felt the concerns about the parking are warranted, but it was a tremendous advantage to the owners of this property to have the use of the building during the off-hours. Ae thanked the owners of University Avenue Billiards for doing such a good job. Mayor Nee stated he shares Councilman Billings comments and felt University Avenue Billiards operates a fine establishment. CONSIDERATION OF A SPECIAL USE PERMIT, SP #89-04, TO ALLOW EXTERIOR STORAGE ON PART OF LOT 6, AUDITOI2'S SUBDIVISION NO. 39. THE SAME BEING 92 43RD AVENUE N.E.. BY GREEN MASTERS INDUSTRIES: Ms. Dacy, Planning Coordinator, stated this property is located on the south side of 43rd Avenue. She stated Green Masters Industries wants to use the building for storage of their trucks and a small office and store landscaping materials and various types of vegetation outside. She stated Green Masters will improve the parking lot and install four Evergreen trees to meet the screening requirements. Ms. Dacy stated the Planning Commission recommended approval of this special use permit with nine stipulations. She stated the Commission directed staff to investigate whether or not a B6-18 concrete curb was necessary for this type of parking lot. She stated the Publia Works Director has advised this is a typical City standard for streets and not necessarily a parking lot improvement and a B6-12 or another alternative is acceptable. She stated the ordinance does not specify the type of curb that needs to be installed and staf£ is, thare£ore, recommending that Stipulation No. 1 be amended to delete the specification of B6-18. She stated it is also recommended that the beginning of Stipulation No. 7 be modified by inserting the words "prior to issuance of a certificate of occupancy", rather than just "prior to occupancy". Councilwoman Jorgenson asked about access into the storage area. Ms. Dacy stated there would be a curb cut along the rear of the garking area attd a drive to access the storage area. � � � FRIDLEY CITY COUNCIL MEETING OF APRIL 3, 1989 PAGE 6 Councilwoman Jorgenson asked how often trucks would be going back to the storage area. Mr. Glossop, President of Green Masters Industries, stated it would vary dependinq on their work schedule. He stated most of the time, landscaping materials are delivered to the job site. He stated they may go to the storage area once a week or sometimes two or three times a day. Mr. Glossop stated the area is well screened and it would not be an inconvenience to anyone. MOTION by Councilman Fitzpatrick to grant Special Use Permit, SP #89-04, with the following stipulations: (1) the parking area shall be paved and lined with concrete curbing as depicted on the site improvement plan included in the staff report dated March 22, 1989; (2) the parking area shall maintain a five foot side yard setback from the east lot line and a 20 foot front yard setback; (3) the petitioner shall install four, eight foot Evergreens in the newly created front setback area; (4) the height of the storage bunkers shall extend two feet above the highest item to be stored within the bunkers. The bunkers shall not exceed eigrit feet in height; (5) the parking lot shall be striped for at least 20 parking spaces; (6) the dumpster shall be enclosed with an appropriate screen on at least three sides of the dumpster; (7) prior to issuance of a certificate of occupancy, the petitioner shall submit a drainage plan to be reviewed and approved by the Public Works Department; (8) the petitioner shall provide a letter of credit or performance bond in the amount of the improvements prior to initiation of construction. Improvements shall be completed by September 1, 1989; and (9) landscape materials and construction vehicles shall be stored in the rear yard area. Seconded by Councilwoman Jorgenson. Upon a voice vote, all votinq aye, Mayor Nee declared the motion carried unanimously. MOTION by Councilwoman Jorgenson to receive the minutes of the Planning Commission meeting of March 22, 1989. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 5. CONSIDERATION OF FIRST READING OF AN ORDINANCE APPROVING A VACATION, SAV #89-01, BY WBDH REALTY COMPANY FOR NORTHTOWN NISSAN• MOTION by Councilman Billings to waive the reading and approve the ordinance upon first reading. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 6. CONSIDERATION OF CHANGE ORDER NO. 6 FOR THE REPAIR OF COMMONS PARK FILTRATION PLANT PROSECT N0. 164: Mr. Flora, Public Works Director, stated this change order deletes � � �.J FRIDLEY CITY COUNCIL MEETING OF APRIL 3. 1989 PAGE 7 some insulation not needed in this project and also adds some equipment necessary to improve areas of the filtration plant. He stated the net result is an increase of $1,570.00 in the cost of the project and covered under this change order. MOTION by Councilwoman Jorgenson to approve Change Order No. 6 for the Repair of Commons Park Filtration Plant, Project No. 164, with Shank Mechanical in the amount of $1,570.00 or a revised contract amount of $1,421,671.D0. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 7. CONSIDERATION OF CHANGE ORDER NO. 1 FOR WIRING OF EXTERNAL MONITOR CONNECTIONS: This item was deleted from the agenda. 8. APPOINTMENT: CITY EMPLOYEES: MOTION by Councilman Fitzpatrick to concur with the following appointments by the City Manager: STARTING STARTING NAME POSITION SALARY DATE REPLACES Mark Winson Joan Budnick Assistant Publio Works Director (exempt) Clerk Typist (non-exempt) $37,936.68 per year $ 1,367.00 per month April lo 1989 April 17 1989 Mark Burch Sherree Smith Maureen Meisner Patrol Officer $ 1,858.00 April 18 Robert (partial-exempt) per month 1989 Rehard Seconded by Councilwoman Jorgenson. Upon a voice vote, all votinq aye, Mayor Nee declared the motion carried unanimously. Mr, Flora, Public Works Director, introduced Mark Winson, the newly appointed Assistant Public Works Director. He stated Mr. Winson is from Bemidji and a University of Minnesota graduate and registered Professional Engineer. Mayor Nee and the Council members welcomed Mr. Winson to the City of Fridley. 9. CLAIMS: MOTION by Councilwoman Jorgenson to authorize payment of Claims No. 25488 through 25721. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried � � � FRIDLEY CITY COUNCIL MEETING OF APRIL 3, 1989 PAGE 8 unanimously. 10. LICENSES: MOTION by Councilwoman Jorgenson 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. 11. ESTIMATES: MoTION by Councilman Fitzpatrick to approve the estimates as submitted: 3-D Fire Apparatus P. �. BoX 453 Shawano, Wisconsin 54166 Final payment for refurbishing of Fire Apparatus, Specification 86-1. . . . . . . . . . $ 14,850.00 Civic Center Remodeling Pay Application #6 Through February 28, 1989. . . . . . . .. . . . $274,016.78 Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. ADJOURNMENT: MOTION by Councilwoman Jorgenson to adjourn the meeting. Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the Regular Meeting of the Fridley City Council of April 3, 1989 adjourned at 8:06 p.m. Respectfully submitted, Carole Haddad Secretary to the City Council Approved: 4' 4' � Q �- l�!` William J. Nee Mayor