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03/25/1991 - 00005921� � I I � i�� THE MINUTES OF THE REGULAR MEETSNG OF THE FRIDLEY CITY COUNCIL OF MARCH 25, 1991 The Regular Meeting of the Fridley City Council was called to order at 7:32 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 PRESENTATION OF PROCL,AMATIONS: FAIR HOUSING MONTH - APRIL, 1991: Mayor Nee read and issued a proclamation proclaiming April, 1991 as Fair Housinq Month. Mr. Weeding accepted this proclamation on behalf of the Anoka County Board of Realtors. EARTH ACTION MONTH - APRIL. 1991: Mayor Nee issued a proclamation proclaiming April, 1491 as Earth Action Month. COMMUNITY DEVELOPMENT BLOCK GRANT WEEK - APRIL 1- 7. 1991: Mayor Nee issued a proclamation proclaiming Apri1 1-7, 1991 as Community Development Block Grant Week. APPROVAL OF MINUTES: COUNCIL MEETING. MARCH 4. 1991: MOTION by Councilman Schneider to approve the minutes as presented. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. ADOPTION OF AGENDA: Mayor Nee requested that the license for Rock and Roll Unlimited North be considered as a separate item. MOTION by Councilman Fitzpatrick to adopt the agenda with the above change. Seconded by Councilman Schneider. �6� FRIDLEY CITY COUNCIL MEETING OF MARCH 25, 1991 PAGE 2 � MOTION by Councilman Billings to amend the agenda by deletion of Item 7C. MOTION FAILED FOR LACK OF A SECOND. UPON A VOICE VOTE TAKEN ON THE MAIN MOTION, all voted aye, and Mayor Nee declared the motion carried unanimously. OPEN FORUM. VISITORS: There was no response from the audience under this item of business. PUBLIC HEARING• 1. PUBLIC HEARING ON THE ISSUANCE OF AN ON-SALE BEER LICENSE TO GO HYANG RESTAURANT LOCATED AT 6440 UNIVERSITY AVENUE N.E.: 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 7:39 p.m. Mr. Pribyl, Finance Director, stated that this hearing is for the issuance of an on-sale liquor license for the Go Hyang Restaurant � located at 6440 University Avenue N.E. Mr. Hill, Public Safety Director, stated that at this time his department has no objection to the issuance of the license. He stated that it had been called to their attention by outside sources that the restaurant was in violation of some of the codes. Mr. Hill stated that he believed this was due to lack of knowledge of the law on the part of the petitioner. He stated that the owners have been furnished with a list of laws that pertain to their operation, and he felt they were attempting to comply with the City's ordinances. No other persons in the audience spoke regarding the issuance of this license. MOTION by Councilman Billings 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 7:42 p.m. � .� Y. 41 FRIDLEY CITY COUNCIL MEETING OF MARCH 25. 1991 PAGE 3 � OLD BUSINESS: 2. ORDINANCE NO. 968 RECODIFYING SECTION 113 OF THE FRIDLEY CITY CODE ENTITLED "SOLID WASTE DISPOSAL AND RECYCLING COLLECTION" BY ADDING SECTIONS 113.01.03, 113.01.04, AND 113.01.07 AND RENUMBERING CONSECUTIVELY. AND AMENDING SECTION 113.07 AND AMENDING SECTION 11 OF THE FRIDLEY CITY CODE ENTITLED "GENERAL PROVISIONS AND FEES" BY AMENDING YARD WASTE TRANSFER SITE GATE FEE• Ms. Dacy, Community Development Director, stated that this proposed amendment would allow composting on residential properties up to four units. She stated that the ordinance defines the type of materials that can and cannot be composted. Ms. Dacy stated that at the March 4 Council meeting there was discussion regarding additional language which might be included as yard waste such as £lowers and small shrub trimmings or twigs, and these items have been included in the ordinance amendment. She stated that the ordinance also defines how a compost area must be confined, the location, size, and how it should be maintained. Ms. Dacy stated that this ordinance also contains an amendment regarding yard waste transfer site gate fees. � MOTION by Councilman Billings to waive the reading and adopt Ordinance No. 968 on the second reading and order publication. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 3. APPOINTMENTS TO CITY COMMISSIONS: PLANNING COMMISSION: MOTION by Councilman Schneider to nominate Donald Betzold for reappointment as Chairman to the Planning Commission for another term. Seconded by Councilman Fitzpatrick. There being no further nominations, a unanimous ballot was cast for Mr. Betzold's appointment to the Planning Commission. MOTION by Councilman Fitzpatrick to nominate David Kondrick for reappointment as Chairman to the Parks and Recreation Commission for another term. Seconded by Councilman Schneider. There being no further nominations, a unanimous ballot was cast for Mr. Kondrick's appointment to the Parks and Recreation Commission. MOTION by Councilman Fitzpatrick to nominate Bradley Sielaff for reappointment as Chairman of the Environmental Quality and Energy Commission for another term. Seconded by Councilman Schneider. � There being no further nominations, a unanimous ballot was cast for Mr. Sielaff's appointment to the Environmental Quality and Energy Commission. �i� FRIDLEY CITY COIINCIL MEETING OF MARCH 25, 1991 PAGE 4 1 APPEALS COMMISSION: MoTION by Councilman Fitzpatrick to nominate Catherine Smith for reappointment to the Appeals Commission for another term. Seconded by Councilwoman Jorgenson. There being no further nominations, a unanimous ballot was cast for Ms. Smith's appointment to the Appeals Commission. ENVIRONMENTAL OUALITY AND ENERGY COMMISSION: MOTION by Councilman Schneider to nominate Richard Svanda for reappointment to the Environmental Quality and Energy Commission for another term. Seaonded by Councilman Fitzpatrick. There being no further nominations, a unanimous ballot was cast for Mr. Svanda's appointment to the Environmental Quality and Energy Commission. HUMAN RESOURCES COMMISSION: MOTION by Councilman Schneider to nominate Susan Jackson for reappointment to the Human Resources Commission for another term. Seconded by Councilwoman Jorgenson. There being no further nominations, a unanimous ballot was cast for Ms. Jackson's appointment to the Human Resources Commission. � PARKS AND RECREATION COMMISSION: MOTION by Councilman Billings to nominate Mary Schreiner for reappointment to the Parks and Recreation Commission for another term. Seconded by Councilwoman Jorgenson. There being no further nominations, a unanimous ballot was cast for Ms. Schreiner's appointment to the Parks and Recreation Commission. HOUSING AND REDEVELOPMENT AUTHORITY: MOTION by Mayor Nee to nominate John Meyer for reappointment to the Housing and Redevelopment Authority for another term. Seconded by Councilman Fitzpatrick. There being no further nominations, a unanimous ballot was cast for Mr. Meyer's appointment to the Housing and Redevelopment Authority. CABLE TELEVISION COMMTSSION: Mayor Nee stated that Barbara Hughes has expressed her desire not to be reappointed. MOTION by Councilman Schneider to nominate Paul Kaspszak for appointment to the Cable Television Commission for a three- year term commencing April 1, 1991. Seconded by Councilwoman Jorgenson. � There being no further nominations, a unanimous ballot was cast for the appointment of Mr. Kaspszak to the Cable Television Commission. 11� FRIDLEY CITY COUNCIL MEETING OF MARCH 25. 1991 PAGE 5 � MOTION by Councilman Fitzpatrick to nominate Robert Scott for reappointment to the Cable Television Commission for another term. Seoonded by Councilwoman Jargenson. There being no further nominations, a unanimous ballot was cast for Mr. Scott's appointment to the Cable Television Commission. POLICE COMMISSION: MoTION by Councilman Fitzpatrick to nominate John Hinsverk for reappointment to the Police Commission for another term. Seconded by Councilwoman Jorgenson. There being no further nominations a unanimous ballot was cast for Mr. Hinsverk's appointment to the Police Commission. NEW BUSINESS• 4. FIRST READING OF AN ORDINANCE 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, Public Safety Director, stated that a year ago the City received a letter from Martha Brent, who is a member of the � therapeutic massage network, regarding the difficulties complying with the City�s sauna/massage parlor ordinance in order to practice therapeutic massage for which she has been trained. He stated that his department has researched this issue and the approach taken by other cities to allow legitimate therapeutic massage. Mr. Hill stated that the City does not want to get into another situation like the Number One Health Club, but there is a legitimate therapeutic massage business where persons are professionally trained in this field. He stated that the simplest approach is to exempt qualified massage therapists from the license provisions of the City's massage ordinance if they meet specific criteria. He stated that in addition to massage therapists other logical exemptions were identified including medical professions and bona fide establishments whose nature of business would not preclude persons of all ages on the premises. Mr. Hill stated that a bona fide massage therapist must demonstrate to the City that they have received a minimum of 150 hours of certified therapeutic massage training from a massage therapy school accepted by a bona fide state or national therapeutic massage organization, of which the therapist is a member in good standing, and maintains insurance coverage of $1,000,000 for personal liability in the practice of therapeutic massage. ' Councilman Billings stated that as he understands Section 125.03.A.6, it means if he obtains commercial property in the City � E J FRIDLEY CITY COUNCIL MEETING OF MARCH 25. 1991 PAGE 6 � and gets a license as a hotel he can have someone performing massages. Mr. Hill stated that he could as long as they meet the therapeutic massage criteria. Councilman Billings stated his point is that some years ago an ordinance was passed in the City for the specific purpose of controlling massage because there is no other way of controlling establishments such as the Number One Health Club. He stated that if a person wants a massage he can go to any number of places and did not want the City to wind up with another Number one Health Club. Councilman Schneider stated that there is a legitimate therapeutic massage business. He stated that, obviously, anything can be abused but he believed it was a legitimate business and should not be barred from the City. Councilwoman Jorgenson asked if the nuisance ordinance could be invoked in the event there was a problem and criminal activities involved. Mr. Hill stated that the nuisance ordinance could be used in such � a case. Councilwoman Jorgenson stated she understands that currently there is no licensing in the State for persons who are engaged in therapeutic massage. Mr. Hill stated that was correct. Councilwoman Jorgenson suggested that perhaps a licensing approach could be recommended to the State. Mr. David Grocott, representing the Minnesota Therapeutic Massage Network, stated that they are working now with the State in trying to get a bill introduced for State licensing. He stated that it is hoped this will be approved this year. Councilwoman Sorgenson stated that she understands therapeutic massage is being recognized by physicians everywhere. Mr. Grocott stated that a lot of chiropractors have massage therapists to enhance the work in their field. He stated that some physicians are also recommending massage after surgery. He stated that they have two organizations in the State with approximately 300 therapists and four schools in the area. He stated that therapeutic massage has grown over the last several years as they � have tried to separate themselves from the prostitution issue to which they had been linked. i�� FRIDLEY CITY COUNCIL MEETING OF MARCH 25, 1991 PAGE 7 ' Mr. Grocott stated that the schools have different levels with a minimum of 15o hours concentrating on practical items such as strokes, business, ethics, anatomy, physiology, and cleanliness. He stated that if a person desires a higher level, such as sports massage, there is a longer training period and more hours required. He stated that some levels require as much as 650 hours of training. Mr. Grocott stated that most cities have had a problem in keeping out the "sleezy" elements, and they certainly want to help in that area. Councilman Schneider asked i£ there are some cities that do not permit therapeutic massage. Mr. Grocott stated that some permit it with very restrictive ordinances. He stated that probably Bloomington is the most restrictive, and due to the high fees, it would be impossible £or a therapeutic massage therapist to work in that city. Councilman Billings stated that he understands that the ordinance as it is now written permits massage by doctors, surgeons, chiropractors, and nurses. � Mr. Hill stated that was correct. Councilman Billings asked if it would be a safe conclusion that through this proposed amendment, the City is relaxing the standards and providing a larger number of places where massage could take place and, at the same time, reducing the amount of revenue for the City since there is no license fee involved. Mr. Hill stated one could speculate that the City is taking this position. He stated that he does not know of anyone, at this time, who falls under this ordinance, and the City really is not making money from the ordinance being in effect. He stated that the ordinance is keeping out those the City intended to keep out, and the therapeutic massage group is not operating in the City because they felt they could not comply with the ordinance as it now stands. MOTION by Councilwoman Jorgenson to waive the reading and approve the ordinance upon first reading. Seconded by Councilman Schneider. Upon a voice vote, Councilwoman Jorgenson, Councilman Schneider, Councilman Fitzpatrick, and Mayor Nee voted in favor of the motion. Councilman Billings voted against the motion. 5. VARIANCE REQUEST, VAR #90-32, BY FIRST WESTERN DEVELOPMENT CORPORATION (TABLED 3/4/911: � Mayor Nee stated he understands that the petitioner has requested this item be tabled indefinitely. ' Y1� FRIDLEY CITY COIINCIL MEETING OF MARCH 25, 1991 PAGE 8 Councilman Billings asked if the petitioner has submitted a written request for the item to be tabled or if it was by phone. Ms. Dacy stated it was a telephone request. MOTION by Councilwoman Jorgenson to table this item to April 8, 1991 and request the petitioner submit a written request. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 6. RECEIVE AN ITEM FROM THE APPEALS COMMISSION MEETING OF FEBRUARY 19, 1991: A. VARIANCE REOUEST, VAR #91-03. BY DAN SZYKULSKI, TO REDUCE THE REAR YARD SETBACK FROM 30 FEET TO 21 FEET; TO REDUCE THE SETBACK OF AN ACCESSORY STRUCTURE FROM THE REAR AND SIDE LOT LINES FROM 3 FEET TO 1 FOOT: TO ALLOW THE CONSTRUCTION OF AN ADDITION AND THE EXISTENCE OF A STORAGE SHED ON LOT 1, BLOCK 2. RICK CREEK TERRACE PLAT 6. THE SAME BEING 6860 MADISON STREET N.E.• Councilman Billings stated that he understands the petitioner requested this variance be withdrawn. � MOTION by Councilman Billings to table this item to April 8, 1991 pending a written request by the petitioner. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. RECEIVE THE MINUTES OF THE PLANNING COMMISSION MEETING OF MARCH 13. 1991: A. SET PUBLIC HEARING FOR APRIL 8, 1991, FOR A PRELIMINARY PLAT, P.S. 91-01, BY MILESTONE HOTEL INVESTMENTS, INC., TO REPLAT PART OF LOTS 1, 2, 3, 4, AND 5, AUDITOR'S SUBDIVISION NO. 153, TO BE DESCRIBED AS LOTS 1 AND 2, BLOCK l, SKYWOOD MALL ADDITZON, GENERALLY LOCATED AT 5201 - 5275 CENTRAL AVENUE N.E. MOTION by Councilman Billings to set the public hearing on this plat for April 8, 1991. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. B. 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 I,OCATED AT 5201 - 5275 CENTRAL AVENUE N.E.: � Ms. Dacy, Community Development Director, stated that the property in question is the Skywood Mall Shopping Center and is zoned C-3. She stated that the purpose of the lot split is to subdivide the it� FRIDLEY CITY COUNCIL MEETING OF MARCH 25. 1991 PAGE 9 � Skywood Shopping Mall into two lots, the north lot containing the shops in the mall and the south lot containing the motel. Ms. Dacy stated that in addition to this lot split there is a variance request to the side yard along this proposed lot line to permit a zero lot line between the shopping mall and motel complex. She stated that the Planning Commission recommended approval of the lot split subject to five stipulations which she outlined. Ms. Dacy stated that at the Planning Commission meeting there were residents to the east who inquired about drainage as 52nd Avenue would sometimes be flooded. She stated that a storm sewer project has been completed in the area and this should no longer occur. She stated that another concern from residents was that the grounds would be maintained on a regular basis. She stated that stipulation is part of the building permit issued in 1984 and would still pertain to the property. Mayor Nee asked about the parking criteria and who is responsible. Ms. Dacy stated that cross parking easements and maintenance agreements will have to be signed. Mr. Herrick, City Attorney, stated that he reviewed the initial � draft but would like to see the final document before final approval. Ms. Dacy stated that the City Attorney's office has reviewed the party wall and easements. Mr. Herrick asked if there were any changes in the agreements since it was sent to his office. He stated that he reviewed the party wall agreement and mutual easements for aacess. Mr. Ring, representing Marquette Bank, stated that any changes would be in the flexible conditions and no material change in the initial covenants regarding maintenance or use. Ms. Dacy submitted a copy of the aqreement to Mr. Herrick in order for him to review the document. Councilman Billings asked on which parcel the sign is located. Mr. Pat Conlin, representing Milestone Hotel Investments, Inc., stated that the sign would be located on the mall property. Councilman Billings asked if the motel would be seeking an additional 80 square foot sign. � Mr. Conlin replied in the negative. ii7 FRIDLEY CITY COUNCIL MEETING OF MARCH 25, 1991 PAGE 10 ' Councilman Billings asked if Milestone Investments would be agreeable to a stipulation which would prohibit any additional signage as a condition of the lot split. Mr. Conlin stated that they would want the total square footage that is allowed now to remain. He stated that they would not request to extend it further at this time. Councilman Billings stated he understands that if the large existing sign belongs to the shopping mall property it opens the door for the motel to come in and ask for an 80 square foot sign. He stated he understood that the primary reason for the variance for the sign was because of the motel. Mr. Conlin stated that they intend to use the existing sign. He stated that there is an agreement to use the existing sign even though it is on the mall property. Councilman Billings stated that his concern is once a lot split is approved he is not sure of the implications in terms of the variance for the existing sign. He stated that if the sign went with the mall property he questioned if the motel could request an 80 square foot sign. � Mr. Conlin stated that the motel now has a sign of their own on the structure. Councilman Billings felt that there was already sufficient if not excessive signage, and he would not want to be in the position of not being able to deny additional signage. Councilman Billings stated that he understands there was a significant amount of neighborhood concern when the motel was first constructed and one of the items related to a liquor license. He stated that at that time it was pointed out that there is a long term lease with Ground Round, and one of the covenants was that there would be no other liquor license on the property. He stated that once a lot split was approved he questioned if that covenant might not hold true for the south lot and if there may be a request from the motel owners for a liquor license. Mr. Ring stated that he cannot speak of any covenants made to outside groups. He stated that there is not, at the current time, any covenant with the land prohibiting the sale of liquor of any kind. He stated that from a public policy concern any condition prohibiting the sale would be the direct abbreviating of a commercial enterprise. He stated that liquor is consumed on the premises for banquets, and people bring liquor to the motel. He stated that he did not see any major concern with the neighborhood � in terms of vandalism, derelicts, or anything associated with the consumption of liquor. ��� FRIDLEY CITY COUNCIL MEETING OF MARCH 25, 1991 PAGE 11 � Councilman Billings asked if they would be agreeable to a stipulation that would preclude the motel owners from applying for a liquor license. Mr. Ring stated that he would not agree to any such stipulation. MOTION by Councilman Billings to deny Lot Split, L. S. #91-02. MOTION FAILED FOR LACK OF A SECOND. Councilman Billings stated that it may be preferable to table this item until the next Council meeting. MOTION by Councilman Billings to table this item to the April 8, 1991 meeting. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. C. SET PUBLIC HEARING FOR APRIL 22. 1991. TO AMEND CHAPTER 205 OF THE FRIDLEY CITY CODE ENTITLED "ZONING," BY AMENDING SECTIONS 205.03, "DEFINITIONS." AND SECTION 205.07, "R-1, ONE FAMILY DWELLING DISTRICT REGULATIONS" (ACCESSORY APARTMENTS L MOTION by Councilman Fitzpatrick to set the public hearing on this amendment to Chapter 205 of the City Code for April 22, 1991. � Seconded by Councilman Schneider. MOTION by Councilman Billings to table indefinitely. MOTION FAILED FOR LACK OF A SECOND. UPON A VOICE VOTE TAKEN ON THE MOTION, all voted aye, and Mayor Nee declared the motion carried unanimously. MoTION by Councilman Schneider to receive the minutes of the Planning Commission Meeting of March 13, 1991. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee deolared the motion carried unanimously. 8. 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 1, SKYWOOD MALL ADDITION, TO ALLOW A ZERO LOT LINE IN A COMMERCIAL DISTRICT. GENERALLY LOCATED AT 5201 - 5275 CENTRAL AVENUE N.E.: MOTION by Councilman Billings to table this item. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. J �!� FRIDLEY CITY COUNCIL MEETING OF MARCH 25, 1991 PAGE 12 � 9. APPROVAL OF 1991 ANOKA COUNTY SOLID WASTE ABATEMENT JOINT POWERS AGREEMENT: Ms. Dacy, Community Development Director, stated that this joint powers agreement covers the period from January 1, 1991 to June 30, 1991, and the funding formula is based on an amount per household rather than a per ton payment. She stated that the City is not adversely a££ected by the change in the funding formula. She stated that staff reaommends that the City enter into this joint powers agreement with Anoka County. MOTION by Councilwoman Jorgenson to authorize the Mayor and City Manager to execute the 1991 Sanuary-June Solid Waste Abatement Joint Powers Agreement with Anoka County. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 10. APPROVAL OF CHANGE ORBER TO CONTRACT WITH DETERMAN WELDING FOR REFURBISHING AERIAL LADDER: Mr. MoKusick, Fire Chief, stated that this change order is requested to delete from the specifications the requirement to extend the rear crew cab due to a reduced number of crew members needed for this vehicle. He stated that the change order also � includes using this difference for improvements on two engine companies. Mr. Pribyl, Finance Director, stated that this change order consists of two components, one is a$5,180 deduction from the original contract, and it also includes an addition to the original contract of $5,196. MOTION by Councilwoman Jorgenson to authorize this change order with Determan Welding for a deduction of $5,180 covering deletion of work on the ladder truck, and an addition of $5,196 to modify six doors on Unit #3384 and to fabricate and install aluminum enclosures on Unite #3381. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 11. APPROVAL OF AGREEMENT BETWEEN THE CITIES OF BLOOMINGTON AND FRIDLEY FOR PROVISION OF HEPATITIS B VACCINE: MOTION by Councilman Fitzpatrick to authorize the Mayor and City Manager to enter into this agreement with the City of Bloomington to provide Hepatitis B Vaccine. Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. J � � � Y�� FRIDLEY CITY COUNCIL MEETING OF MARCH 25, 1991 PAGE 13 12, RECEIVE BIDS AND AWARD CONTRACT FOR CORRIDOR MAINTENANCE PROJECT NO. 217: MOTION by Councilwoman Jorgenson to receive the following bids for the Corridor Maintenance Project No. 217: Bid Bid Bid Bid Total Item A Item B Item C Item D Bid Chemlawn Comm. Serv. 6909 Winnetka Ave. Brooklyn Park, MN $ 8,625 Walbon Lawn Maint. 3225 Skycroft Dr. St. Anthony, MN Greenmasters, Inc. 92 - 43rd Ave. N.E. Fridley, MN Talberg Lawn & Landscape 100 Wilshire Drive Minnetonka, MN $3,019 $2,875 $1,003 $15,�i2 $12,000 $3,200 $3,000 $14,522 $2,800 $1,675 $15,300 $2,900 $3,900 $ 8 0 0 $19, 000 $ 825 $]9,ffi2 $ 3 0 0 �22,40D J.T. Noonan Co. 3601 - 48th Ave. N. Brklyn Center, MN $30,000 $3,900 $2,915 $ 435 $37,250 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 five bids were received, and the low bidder was Chemlawn in the amount of $15,522.00. He stated that it is recommended the Council award the contract to them for Corridor Maintenance Project No. 217. MOTION by Councilwoman Jorgenson to award the contract for Corridor Maintenance Project No. 217 to the low bidder, Chemlawn, in the amount of $15,522.00. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 13. MOTION TO APPROVE THE ADVERTISEMENT FOR BIDS FOR THE AUTOMATED FUEL DISPENSING SYSTEM, EQUIPMENT/VEHICLE COST CONTROL AND REPAIR PARTS INVENTORY SYSTEMS IDENTIFIED IN THE 1991 PUBLIC WORKS CAPITAL IMPROVEMENT PLAN: MOTION by Councilman Fitzpatrick to authorize the advertisement for bids for the automated fuel dispensing system and equipment/vehicle cost control and repair parts inventory systems. Seconded by � � I� �z� FRIDLEY CITY COUNCIL MEETING OF MARCH 25. 1991 PAGE 14 Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Councilman Schneider stated that before the bids are awarded he would like a report on how this would save money for the City. Mr. Flora, Public Works Director, stated that it is hard to identify the savings. He stated that the City currently does not have statistics on the cost of operating vehicles. He stated that with this automated system it would provide a tool for evaluation of which vehicles are best to replace in maintaining the City's fleet of equipment as economically as possible. 14. RESOLUTION NO. 31-1991 ORDERING IMPROVEMENT AND FINAL PLANS AND SPECIFICATIONS AND ESTIMATES OF COSTS THEREOF: STREET IMPROVEMENT PROJECT NO. ST 1991 - 1& 2(OVERLAY AND 73RD AVENUEI: Mr. Flora, Public Works Director, stated that Street Improvement Project No. 1991 - 1 covers improvements on 81st and 83rd Avenues, Hickory Street, Starlite Circle, and the Fire Training Center paving. He stated that Street Improvement Project No. 1991 - 2 covers improvements to 73rd Avenue from Symphony Street to Baker Street, and the widening of West Moore Lake Drive. Mr. Flora stated that since the public hearing on the improvement to 73rd Avenue there have been some changes in the plans. He stated that the plans now include a straight ahead--right turn, and left turn lane markings at Jackson Street, as well as curb cuts with a pedestrian crossing and crosswalk signs on either side of the Jackson Street intersection. He stated that a right turn lane is being provided into the Northco development at Symphony Street and the street is being narrowed to 48 feet. He stated that once the project is completed traffic will be monztored to determine if signalization is necessary. MOTION by Councilman Billings to Seconded by Councilwoman Jorgenson. aye, Mayor Nee declared the motion adopt Resolution No. 31-1991. Upon a voice vote, all voting carried unanimously. 15. RESOLUTION N0. 32-1991 ORDERING IMPROVEMENT AND APPROVAL OF PLANS AND ORDERING ADVERTISEMENT FOR BIDS: STREET IMPROVEMENT PROJECT NO. ST 1991 - 1& 2(OVERLAY AN� 73RD AVENUE): MOTION by Councilman Billings to adopt Resolution No. 32-1991. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 1�4 FRIDLEY CITY COUNCIL MEETING OF MARCH 25, 1991 PAGE 15 � 16. RESOLUTION NO. 33-1491 BETWEEN THE CITIES OF COLUMBIA HEIGHTS AND FRIDLEY ESTABLISHING A JOINT POWERS AGREEMENT FOR THE STORM SEWER IMPROVEMENTS ASSOCIATED WITH THE CLOVER POND AND 52ND AVENUE FLOODING: Mr. Flora, Public Works Director, stated that within the Six Cities Watershed Management Organization Plan, Fridley and Columbia Heights have identified two projects, one was the diversion of water from Clover Pond, and the other dealt with the flooding on 52nd Avenue. He stated that Columhia Heights has expressed an interest to complete the projects this year and requested the City enter into a joint powers agreement for these projects. The resolution identifies the need and authorizes the execution of the joint powers agreement. He stated that the agreement has been reviewed by the City Attorney. MOTION by Councilman Billings to adopt Resolution No. 33-1991. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 17. RESOLUTION NO. 34-1991 AUTHORIZING THE NOMINATION OF MAYOR WILLIAM J. NEE FOR THE C. C. LUDWIG AWARD FOR DISTINGUISHED MUNICIPAL SERVICE: � Mr. Burns, City Manager, stated that the League of Minnesota Cities sponsors the C. C. Ludwig Award for distinguished municipal service and this resolution nominates Mayor Nee for this honor. MOTION by Councilman Fitzpatrick to adopt Resolution No. 34-1991. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 18. INFORMAL STATLTS REPORTS: There were no informal status reports. 19. CLAIMS: MOTION by Councilman Schneider to authorize payment of Claims No. 36606 through 36919. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 20. LICENSES: MOTION by Councilman Schneider to approve the licenses as submitted and as on file in the License Clerk's Office, with the exception of the licenses for Rock and Roll Unlimited North. Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Nee � declared the motion carried unanimously. i���+ FRIDLEY CITY COIINCIL MEETING OF MARCH 25. 1991 PAGE 16 � 20A. LICENSES FOR ROCK AND ROLL UNLIMITED NORTH: Mr. Hill, Public Safety Director, stated that Rock and Roll Unlimited North has applied for cigarette, billiards, and entertainment licenses at 7954 University Avenue. He stated that the owner proposes to feature heavy metal music at this location. He stated that as a result of his department's investigation, concern has been expressed over the manageability within the confines of the City's ordinance. He stated that there is a similar business known as Stacy's in Coon Rapids on which these concerns are based. hIr. Hill stated that several months ago Edwin Bedsted had contacted the City wanting to know the process for opening a business in the City. He explained tha� at this time they would be featuring heavy metal music and sound levels would exceed 125 decibels. Mr. Hill stated that this is in excess of the limits of the ordinance, and Mr. Bedsted was advised accordingly. xe stated that a check was conducted on police calls to Stacy's which showed numerous calls within a six to seven month period including such complaints as liquor violations, loud music, and theft. Mr. Hill stated that an application was received for the licenses but it was from Timothy Wangen and not Edwin Bedsted. He stated � that a business plan was submitted regarding their type of business and the clientele they hoped to attract. Mr. Hill indicated that they would have security and not allow smoking by minors or permit fighting or rowdy behavior. He stated that in discussions with Mr. Wangen, however, he indicated they would be selling tobacco. He stated Mr. Wangen indicated that he was the Manager of Stacy�s at the time of its operation, and Mr. Bedsted was assisting him in establishing his own operation in Fridley. Mr. Hill stated Mr. Wangen did not believe that Rock and Roll Unlimited North would come anywhere near exceeding the 125 decibels and probably would not exceed 65 decibels. He stated that Mr. Wangen also intends to provide video machines at Rock and Roll. Mr. Hill stated that there is also concern about some criminal history with those involved in this establishment. He stated that if the licenses are approved he would recommend they be approved for a six month period only, and the Police Department would monitor the establishment. iie stated that at this time there is nothing in the criminal history background that would directly relate to this license application. Councilwoman Jorgenson asked if this was more or less a teenage night spot. � Mr. Hill stated that he believed the ages were 17 and up. � � ���� FRIULEY CITY COUNCIL MEETING OF MARCA 25, 1991 PAGE 17 Councilwoman Jorgenson asked how the operator would prohibit the sale of cigarettes if a person is under age. Mr. Wangen stated that they would be checking identification, and they would not use a vending machine but 5e11 over the counter. Mr. Herrick, City Attorney, stated it is his opinion that if the licenses are only issued for six months that the balance of the fee should be refunded. He stated that normally the licenses are issued for a one year period. MOTION by Councilman Billings to issue a cigarette, billiards, and entertainment license to Rock and Roll Unlimited North for a period of six months commencing immediately and running for six months from today's date. Further, the fees should be one-half of the appropriate annual fee, and any balance that has been paid should be refunded immediately to the licensee. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 21. ESTIMATES: MOTION by Councilwoman Jorgenson to approve the estimates as submitted: Newquist & Ekstrum, Chartered 301 Fridley Plaza office Building 6401 University Avenue N.E. Fridley, MN 55432 Services Rendered as City Prosecuting Attorney for the Month of January, 1991 Services Rendered as City Prosecuting Attorney for the Month of February, 1991 HNTB 6700 France Avenue South Minneapolis, MN 55435 Inspection of the 1.5 MG Elevated Water Reservoir, Project No. 202 Partial Estimate . . . . . . . . Mark Traut Wells 151 72nd Avenue St. Cloud, MN 56301 Repair and Maintenance � Well No. 1, Project No. Estimate No. 1 . of 215 $8,250.00 $8,691.33 $ 470.54 . . . . . . . . . . . $1, 500. 00 � � �� � 1�� FRIDLEY CITY COUNCIL MEETING OF MARCH 25, 1991 PAGE 18 Repair and Maintenance of Well No. 4, Project No. 215 Estimate No. 1 . . . . . . $1,500.00 Seconded by Councilman Schneider. 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 Councilman Billings. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the Regular Meetinq oP the Fridley City Council of March 25, 1991 adjourned at 9:15 p.m. Respectfully submitted, Carole Haddad Secretary to the City Council Approved: William J. Nee Mayor