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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. � � � 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 � � ' 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. � 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 � 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 � � 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