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06/22/1998 - 00000212THE MINUTES OF THE REGULAR MEETING OF THE FRIDLEY CITY COUNCIL OF JUNE 22, 1998 The Regular Meeting of the Fridley City Council was called to order by Mayor Jorgenson at 7:32 p.m. PLEDGE OF ALLEGIANCE: Mayor Jorgenson led the Council and audience in the Pledge of Allegiance to the Flag. ROLL CALL: MEMBERS PRESENT: Mayor Jorgenson, Councilman Barnette, Councilman Billings, Councilman Schneider and Councilwoman Bolkcom MENIBERS ABSENT: None PRESENTATIONS: Plaque to Duane Prairie (Former member of Housing & Redevelopment Authority): Mayor Jorgenson presented a plaque to Mr. Prairie in recognition of his twenty years of service on the Housing and Redevelopment Authority Commission. Plaque to Bruce Bondow (Former member of Environmental Quality and Energy Commission): Mayor Jorgenson presented a plaque to Mr. Bondow in recognition of his sixteen years of service on the Environmental Quality and Energy Commission. Plaque to Dean Saba (Former Member of Environmental Quality and Energy Commission: Mayor Jorgenson presented a plaque to Mr. Saba in recognition of his eighteen years of service on the Environmental Quality and Energy Commission. The Councilmembers took this opportunity to express their grateful appreciation to each of these citizens for their dedicated service to the City. APPROVAL OF MINUTES: COLJNCIL MEETING - June 8_ 1998: MOTION by Councilmember Bolkcom to approve the minutes of the June 8, 1998 City Council meeting as presented in writing. Seconded by Councilmember Billings. UPON A VOICE VOTE, all voting aye, Mayor 7orgenson declared the motion carried unanimously. CITY COUNCIL MEETING OF JUNE 22, 1998 PAGE 2 APPROVAL OF PROPOSED CONSENT AGENDA: NEW BUSINESS: 1. RECEIVE THE MINUTES OF THE PLANNING COMMISSION MEETING OF JUNE 3, 1998: RECEIVED THE MINUTES OF THE PLANNING COMMISSION MEETING OF JUNE 3, 1998. 2. SPECIAL USE PERMIT, SP #98-06, BY PATRICK ELWELL, TO ALLOW THE CONSTRUCTION OF A SECOND ACCESSORY BUILDING, GENERALLY LOCATED AT 236 RICE CREEK BOULEVARD (WARD 3): Mr. Burns, City Manager, explained that this request is to allow Mr. Elwell to build a 14 foot by 24 foot garage to house cars, trailers and a boat. APPROVED SPECIAL USE PERMIT, SP #98-06, BY PATRICK ELWELL, TO ALLOW THE CONSTRUCTION OF A SECOND ACCESSORY BUILDING GENERALLY LOCATED AT 236 RICE CREEK BOULEVARD. 3. RESOLUTION NO. 44-1998 APPROVING A VACATION, SAV #97-02, GENERALLY LOCATED AT 8200 UNIVERSITY AVENUE N.E. AND REPEALING RESOLUTION NO. 5-1998 BACHMAN'S)(WARD 3): Mr. Burns, City Manager, stated that Bachman's attorneys have again approached staff asking for an additional minor modification of the resolution that provides for the vacation of a utility easement on Bachman's property. ADOPTED RESOLUTION NO. 44-1998, APPROVING A VACATION, SAV 97-02, GENERALLY LOCATED AT 8200 UNIVERSITY AVENUE N.E. AND REPEALING RESOLUTION NO. 5-1998 (BACHMAN'S). 4. APPROVE 1998 RESIDENTIAL RECYCLING AGREEMENT BETWEEN THE CITY OF FRIDLEY AND THE COUNTY OF ANOKA: Mr. Burns, City Manager, explained that this is the annual agreement that provides for pass-through of SCORE funding from Anoka County to the City of Fridley. In this instance, the agreement allows us to receive $75,219.97 for our 1998 residential recycling program. APPROVED 1998 RESIDENTIAL RECYCLING AGREEMENT BETWEEN THE CITY OF FRIDLEY AND THE COUNTY OF ANOKA. CITY COUNCIL MEETING OF JUNE 22, 1998 PAGE 3 5. RESOLUTION NO. 45-1998 APPROVING THE AWARD OF A GRANT IN THE AMOUNT OF $5,000 TO ELIM TRANSITIONAL HOUSING, INC. AND AUTHORIZING EXECUTION OF A GRANT AGREEMENT: Mr. Burns, City Manager, stated that this special housing program was designed by the City's Section 8 Housing Coordinator. She proposes to use $5,000 in excess Section 8 revenue to assist low income renters to clear unlawful detainer actions from their records. The grant would be administered by Elim Transitional Housing. They will screen applicants for eligibility, process loan applications and loan repayments. They are also responsible for providing quarterly financial reports to the City. In view of the restrictions on the use of the money and in view of the merits of the program, staff recommended Council's approval. ADOPTED RESOLUTION NO. 45-1998 APPROVING THE AWARD OF A GRANT IN THE AMOUNT OF $5,000 TO ELIM TRANSITIONAL HOUSING, INC. AND AUTHORIZING EXECUTION OF A GRANT AGREEMENT. 6. APPROVE CHANGE ORDER NO. 3 FOR HACKMANN AVENUE STREET IMPROVEMENT PROJECT NO. ST. 1998-1: Mr. Burns, City Manager, explained that the change order covers excess excavation and granular borrow needed to correct poor soils encountered during construction. It also covers more than expected work on driveways that were impacted by the project. The total cost of the change order is $41,500. Staff recommended approval of the change order for work done by Forest Lake Contracting. APPROVED CHANGE ORDER NO. 3 IN THE AMOUNT OF $41,500 FOR HACKMANN AVENUE STREET IMPROVEMENT PROJECT NO. ST. 1998-1. 7. APPROVE PLANS FOR CENTRAL AVENUE IMPROVEMENT PROJECT NO. ST. 1998-4: Mr. Burns, City Manager, stated that Anoka County has completed plans for the reconstruction of Central Avenue (Old Central) from Rice Creek north to the corporate limits. The project includes widening on the west side, the installation of a storm sewer system, construction of concrete curb and gutter on the west side and the e�tension of an eight-foot bikeway/walkway along the west side. The County is advertising the project and is planning a June 25 bid opening. Since the project is in Fridley, the County asks that we approve the project plans and specifications. The City's Engineering Division staffhas reviewed the plans and specifications and recommended Council's approval. APPROVED PLANS FOR CENTRAL AVENUE IMPROVEMENT PROJECT NO. ST. 1998-4. CITY COUNCIL MEETING OF JUNE 22, 1998 PAGE 4 8. CLAIMS: APPROVED THE PAYMENT OF CLAIM NOS. 81137 - 81402. 9. LICENSES: APPROVED THE LICENSES AS SUBMITTED AND AS ON FILE IN THE LICENSE CLERK'S OFFICE. 10. ESTIMATES: APPROVED THE ESTIMATES AS FOLLOWS: Insituform Technologies, Inc. 17988 Edison Avenue Chesterfield, MO 63005-3700 Sanitary and Storm Sewer Repair Project No. 314 F1NAL ESTIMATE: Diversified Paving, Inc. 8019 146th Avenue N.W. Ramsey, MN 55303 1997 Driveway Paving Project No. 307 Estimate No. 5 Park Construction Company 7900 Beech Street N.E. Minneapolis, MN 55432 Rice Creek Bank Stabilization Project No. 309 Estimate No. 3 Forest Lake Contracting 14777 Lake Drive Forest Lake, MN 55025 Hackmann Avenue/Hackmann Circle Street Improvement Project No. ST 1998-1 Estimate No. 5 $133,734.00 '� : 1• :• $ 93,987.30 $198,997.60 MOTION by Councilmember Barnette to approve the consent agenda as presented. Seconded by Councilmember Schneider. UPON A VOICE VOTE, all members voting aye, Mayor 7orgenson declared the motion carried unanimously. CITY COUNCIL MEETING OF JUNE 22, 1998 PAGE 5 ADOPTION OF AGENDA: MOTION by Councilmember Billings to adopt the agenda as presented. Seconded by Council- member Bolkcom. Councilmember Schneider stated that he would like one item added to the agenda, under New Business, immediately following Item 13. This will be to receive a petition from residents on West Moore Lake Drive. MOTION by Councilmember Schneider, to amend the agenda to include the receipt of a petition from residents on West Moore Lake Drive. Seconded by Councilmember Barnette. UPON A VOICE VOTE, ALL MEMBERS VOTING AYE, MAYOR JORGENSON DECLARED THE MOTION CARRIED UNANIMOUSLY. OPEN FORUM, VISITORS: Mayor Jorgenson explained that this is the time reserved for residents to address the Council on items that are not on the agenda. Glen Fay, business owner of 7840 Elm Street, stated that they are having problems when some of their 50 foot semitrailers enter their property. In order to provide adequate access for these semi trailers onto their property they are constantly finding it necessary to ask neighbors to move their vehicles off the street. They would appreciate if the City would consider a"No Parking" sign in front of the office and across the street. Mayor Jorgenson stated that Mr. Flora is aware of the situation and has brought it to the attention of the Council. There were no further questions or comments from the public. PUBLIC HEARINGS: 1 L INTOXICATING LIQUOR LICENSE FOR SPIKERS BEACH CLUB, GENERALLY LOCATED AT 7651 HIGHWAY 65 N.E. (WARD 2): MOTION by Councilmember Schneider to open the public hearing at 7:45 p.m. Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, all voting aye, Mayor Jorgenson declared the motion carried unanimously and the public hearing was officially opened at 7:45 p.m. Mr. Burns, City Manager, stated that Spikers plans to open their first restaurant at 7651 Highway 65. They are proposing an integrated restaurant and entertainment facility. Staff reviewed the liquor-to-food ratio performance and felt very comfortable with the reports. The Police Department has performed the required background investigation, and they did not found any reason to deny the request. CITY COUNCIL MEETING OF JUNE 22, 1998 PAGE 6 Mr. Patrick Pelstring, President and Chief Executive Officer, was present to provide information with regard to their proposal. He noted that there are nine facilities of similar approach in Wisconsin. Their facility would be the first of what they expect to be many facilities. They have executed a Letter of Intent with Continental Properties who will construct the $2.5 million facility. Mr. Pelstring presented a diagram of the proposed site plan. He noted that one appealing factor is that if the business was found not to be viable, the building could easily be converted to another use. The building is appro�mately 30,000 square feet. A parking arrangement has been set up with the two owners of the office building to expand the parking. The west side of the property allows for a potential outdoor deck and two outdoor volleyball courts which are not part of the site plan approval at this stage. If the business is found to be viable and some parking concerns can be addressed, those items could be a potential expansion option for them. The proposed building allows for five indoor volleyball courts with full locker rooms. They would anticipate having volleyball leagues running from 6:00 p.m. to 10:00 p.m., Sunday through Thursday, with tournaments, camps and clinics held over the weekends. They are using Premier Restaurant for the design of the kitchen, and have been assured that they will have the capability to do $3.5 million to $4 million in food and beverages out of this facility. Councilmember Billings asked if they are aware of the food-to-liquor ratio requirements. Mr. Pelstring answered in the affirmative. Councilmember Schneider asked what their menu will consist of. Mr. Pelstring stated that they plan to offer a variety of foods including burgers, sandwiches, salads, steaks, etc. Councilmember Schneider asked if the parking is adequate to allow for another operation should this use not be a viable one. Ms. Dacy noted that staff used a parking calculation for a restaurant operation which is the ratio of one parking space for each 150 square feet. This ratio is the most restrictive. They have come up with a requirement of 166 parking spaces. There is adequate land area on the site to accommodate 166 spaces. They are proposing to pave 140 stalls, and they have proof of parking area to the south of the building. In addition, they are working with the property owner to the north, and there is the possibility of additional space to the east. Councilmember Schneider asked if they are aware of the sign codes. Mr. Pelstring answered in the affirmative. Councilmember Barnette stated that he found the concept exciting and was happy that they chose Fridley as the location of their facility. Mr. Pelstring stated that if all goes as planned, they plan to break ground on July 7 with a grand opening in mid-October. There were no questions or comments from the public. CITY COUNCIL MEETING OF JUNE 22, 1998 PAGE 7 MOTION by Councilmember Schneider to close the public hearing at 8:12 p.m. Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, ALL MEMBERS VOTING AYE, MAYOR JORGENSON DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE PUBLIC HEARING WAS OFFICIALLY CLOSED AT 8:12 P.M. NEW BUSINESS: 12. VARIANCE REQUEST, VAR #98-18, BY NORTHWESTERN ORTHOPEDIC SURGEONS PARTNERSHIP, UP, TO ALLOW THE CONSTRUCTION OF A PARKING DECK, GENERALLY LOCATED AT 8290 UNIVERSITY AVENUE N.E. (WARD 3): Ms. Dacy, Director of Community Development, explained that Northwestern Orthopedic Surgeons Partnership is requesting variances to allow the construction of a parking deck In order to allow for the parking deck, the following variances will be required: 1) increase the ma�mum allowable lot coverage by a three-story building from 30 percent to 40.2 percent; 2) reduce the front yard setback from 35 feet to 15 feet; 3) reduce the east side yard setback from 35 feet to 15 feet; 4) reduce the west side yard setback from 35 feet to 0 feet for the ramp to the deck; 5) reduce the driveway width to 22 feet on the deck and 24 feet on the ramp; and 6) reduce the size of the parking stalls from a 10 foot width to a 9.5 foot width. The hardship basis for granting these variances is that the applicant is interested in building an office based out-patient surgery center which would require replacing several of the parking spaces which are currently housed in the building. Based upon the square footage of the building, an additional 27 spaces would be required. The applicant has explored various options and determined that a parking deck is the only alternative. Ms. Dacy noted that the Appeals Commission recommended approval of the variances with the following stipulations: 1) a storm water/drainage plan for the site must be approved by the City Engineering Division; 2) a lighting plan for above and beneath the deck shall be approved by City staff; 3) elevation views of the deck shall be reviewed and approved by staff prior to the issuance of a building permit; 4) the materials and colors of the deck shall be approved by staff prior to the issuance of a building permit; and 5) the parking deck shall be designated for employee use only. Ms. Dacy presented a copy of the proposed site plan for the parking deck She noted that Dr. Crandall was present to address any questions that Council may have. Mayor Jorgenson thanked Dr. Crandall for working with staff to come up with a acceptable solution to the parking problem. Councilmember Bolkcom asked how they plan to secure the deck to keep children out of the area. Dr. Crandall noted that they will do whatever is necessary. They will post signs and if necessary, install a card access system. CITY COUNCIL MEETING OF JUNE 22, 1998 PAGE 8 MOTION by Councilmember Bolkcom to concur with the Appeals Commission and grant Variance Request #98-18, by Northwestern Orthopedic Surgeons Partnership, UP, to allow the construction of a parking deck, with the following five (5) stipulations: 1) a storm water/drainage plan for the site must be approved by the City's Engineering Division; 2) a lighting plan for above and beneath the deck shall be approved by City staff; 3) elevation views of the deck shall be reviewed and approved by staff prior to the issuance of a building permit; 4) the materials and colors of the deck shall be approved by staff prior to the issuance of a building permit; and 5) the parking deck shall be designated for employee use only. Seconded by Councilmember Schneider. UPON A VOICE VOTE, ALL MEMBERS VOTING AYE, MAYOR JORGENSON DECLARED THE MOTION CARRIED UNANIMOUSLY. 13. RECEIVE BIDS AND AWARD CONTRACT FOR THE FRIDLEY COMMUNITY CENTER LOWER LEVEL CONSTRUCTION PROJECT: Jack Kirk, Director of Recreation and Natural Resources, stated that last year the City was fortunate enough to receive a grant through the Minnesota Department for Children, Families and Learning. This grant will allow the City to complete the lower level of the Community Center to include a dance/exercise area, a game room, hallway and restrooms. On Thursday, June 4, bids were opened for this construction project. There were ten bidders; nine of which completed all of the requested information. Of the nine complete bids, the base bid ranged from $216,500 to $257,258. The City's pre-bid estimate was $278,000. Therefore, staff is e�tremely pleased with the bid amounts. The City also requested a timetable from each of the bidders for a date of completion. The timetables ranged from eight to twenty weeks. Additionally, the City requested that the contractors include four alternates. These included: (1) eliminate lowering of the concrete slab in the dance/exercise area; (2) eliminate the folding wall partition; (3) add a wood grid to the open ceiling system; and (4) exchange an acoustical tile drop ceiling for the open ceiling system. Based on the favorable bids received, Mr. Kirk stated that he recommended that Council consider including Alternate #3 (wood grid system) along with the base bid. The lowest bidder on the project was Crawford-Merz Construction Company for a total of $233,068 (including Alternate #3). This construction company was also the one with the most favorable completion time (August 1 or eight weeks from commencement of construction). If Council approved the contract award, a pre-construction meeting would be held this week, and the contractor would proceed as soon as possible. Mr. Kirk noted that staff is also working with teachers and students for the woodworking, cabinetry and wall murals for the project. Councilmember Bolkcom asked if the contract contains a provision in regard to the eight week completion timetable. Mr. Kirk noted that this is not a part of the current contract but that if the contractor is agreeable it could be added. CITY COUNCIL MEETING OF JUNE 22, 1998 PAGE 9 Councilmember Schneider asked what the purpose is of Alternate #3. Mr. Kirk stated that it would enhance the look of the ceiling in that the duct work and lighting would not be as exposed. It is merely for aesthetic purposes. MOTION by Councilmember Bolkcom to receive the bids and award the contract for the Fridley Community Center Lower Level Construction Project to Crawford-Merz Construction Company in the amount of $233,068 (base bid + Alternate #3). Seconded by Councilmember Schneider. UPON A VOICE VOTE, ALL MEMBERS VOTING AYE, MAYOR JORGENSON DECLARED THE MOTION CARRIED UNANIMOUSLY. 13 (A) RECEIVE PETITION #2-1998 FROM RESIDENTS OF WEST MOORE LAKE DRIVE: Councilmember Schneider stated that he received a petition from residents relative to a parking situation created by the high school. They are requesting that signs be posted on particular streets in the area specifying that there is to be no parking between the hours of 7:00 a.m. and 1:00 p.m., Monday through Friday. MOTION by Councilmember Schneider to receive into the record Petition No. 2-1998. Seconded by Councilmember Barnette. UPON A VOICE VOTE, ALL MEMBERS VOTING AYE, MAYOR JORGENSON DECLARED THE MOTION CARRIED UNANIMOUSLY. 14. INFORMAL STATUS REPORTS: Councilmember Bolkcom reminded residents of the Vision Meeting scheduled Thursday, 7une 25 at 7:00 p.m. in the Community Center. Child Care is available by calling ahead. She encouraged residents to attend. Mr. Burns noted that there was a meeting of the SOth Anniversary Task Force on Thursday. A brochure was approved which will go out to all businesses and organizations in the community. They hope to receive responses and feedback from these organizations. Councilmember Barnette noted that an All Class Reunion is being planned. Any former students of Fridley who desire further information are requested to contact Sue Ann Kirkham at 571-3450. Mayor 7orgenson noted that Columbia Heights is celebrating its 100th anniversary this week and encouraged the public's participation in the week's events and activities. CITY COUNCIL MEETING OF JUNE 22, 1998 PAGE 10 ADJOURNMENT: MOTION by Councilmember Barnette to adjourn the meeting. Seconded by Councilmember Schneider. UPON A VOICE VOTE, all voting aye, Mayor Jorgenson declared the motion carried unanimously and the Regular Meeting of the Fridley City Council of 7une 22, 1998 was adj ourned at 8:3 5 p. m. Respectfully submitted, Tamara D. Saefke Nancy J. Jorgenson Recording Secretary Mayor