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04/22/2002 - 00017272THE MINUTES OF THE REGULAR MEETING OF THE FRIDLEY CITY COUNCIL OF APRIL 22, 2002 The Regular Meeting of the Fridley City Council was called to order by Mayor Lund at 7:30 p.m. PLEDGE OF ALLEGIANCE: Mayor Lund led the Council and audience in the Pledge of Allegiance to the Flag. ROLL CALL: MEMBERS PRESENT: Mayor Lund, Councilmember Barnette, Councilmember Bolkcom, Councilmember Billings, Councilmember Wolfe MEMBERS ABSENT: None. PRESENTATION: Values First community Recognition Awards: Individual: Carole Miller Business: Dan Anderson, Pizza Flame Community Organization: Fridley/Columbia Heights Rotary Club Ms. Barbara Warren, Values First representative, stated that these awards recognize different people of the community that exemplify the seven core community values. This program is very important to our community. Dave Sallman, President of the Fridley/Columbia Heights Rotary Club, accepted the award on behalf of the Rotary Club. Ms. Warren invited Dan Anderson of Pizza Flame to accept the award. His employees nominated him. Integrity was the main word for Dan, and his business has very low turnover which is very unusual. He is an excellent role model for his employees and is one of the greatest influences in one of his employee's life. As a customer, she knows he goes all out to satisfy the customers. He owns and operates his business and truly exemplifies the seven core values. Mr. Anderson thanked Ms. Warren. Ms. Warren thanked Carole Miller for representing the seven core values as an individual in the community. Her longstanding commitment to Fridley is appreciated. Ms. Miller thanked Ms. Warren and the Values First Task Force. She said she was very fortunate to live in this City. The City is managed by people with integrity and responsibility. Fridley is a little piece of God's earth that she is proud to be a part of. Mayor Lund thanked Ms. Warren for working with the Values First program and making it what it is today. FRIDLEY CITY COUNCIL MEETING OF APRIL 22, 2002 PAGE 2 BOARD OF REVIEW MEETING: Ms. Smith, City Assessor, stated that at the April 8 City Council meeting, a letter was received from the property owner at 1509 Windemere Drive. In the letter he stated that the parcel he owned and the adjacent vacant lot was overpriced. Upon review of the property and a sales comparison, the value was lowered to $394,500. It is staff's recommendation that the value of the property be adjusted to $394,500. The value of the adjacent vacant lot should remain at $75,000 based on sales during the last two years in that area. Councilmember Bolkcom asked if this information had been provided to Council. Ms. Smith stated that the letter was presented at the last meeting. MOTION by Councilmember Billings to accept the Assessor's reduction of value as stated. Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. MOTION by Councilmember Billings to close the Board of Review meeting. Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. CITY COUNCIL MEETING: APPROVAL OF PROPOSED CONSENT AGENDA: MOTION by Councilmember Barnette to approve the proposed consent agenda. Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. APPROVAL OF MINUTES: City Council Meeting of April 8, 2002 APPROVED. NEW BUSINESS: 1. RECEIVE THE PLANNING COMMISSION MINUTES OF APRIL 3, 2002: RECEIVED. FRIDLEY CITY COUNCIL MEETING OF APRIL 22, 2002 PAGE 3 2. SPECIAL USE PERMIT REQUEST, SP #02-04, BY SHANNON WRIGHT AND LLOYD NIETLING, TO ALLOW A SECOND ACCESSORY STRUCTURE (GARAGE), GENERALLY LOCATED AT 506 RICE CREEK TERRACE N.E. (WARD 1): Mr. Burns, City Manager, stated that the building is an 864 square foot structure that will replace a 71.5 square foot structure located ne� to the existing garage. The Planning Commission approved the permit subject to seven stipulations. Staff recommended Council's approval. APPROVED SPECIAL USE PERMIT REQUEST, SP #02-04, WITH THE FOLLOWING STIPULATIONS: (1) PETITIONER SHALL INSTALL CODE REQUIRED HARD SURFACE DRIVEWAY WITHIN TWELVE MONTHS OF ISSUANCE OF A BUILDING PERMIT; (2) PETITIONER SHALL OBTAIN ALL NECESSARY PERMITS PRIOR TO CONSTRUCTION; (3) THE STRUCTURE SHALL NOT BE USED FOR A HOME OCCUPATION OR LIVING AREA; (4) ALL VEHICLES SHALL BE STORED ON A HARD SURFACE AS APPROVED BY THE CITY; (5) TOTAL SQUARE FOOTAGE OF ALL ACCESSORY STRUCTURES MUST NOT EXCEED 1,400 SQUARE FEET; (6) GARAGE SHALL BE ARCHITECTURALLY COMPATIBLE WITH EXISTING HOME AND FINISHED WITH A COMPLEMENTARY SIDE AND COLOR SCHEME; AND (7) PETITIONER SHALL REMOVE ENCLOSED STORAGE AREA ALONG THE SOUTHWEST SIDE OF THE GARAGE PRIOR TO APRIL 3, 2003, OR PRIOR TO THE FINAL INSPECTION OF THE PROPOSED ACCESSORY STRUCTURE, WHICHEVER COMES FIRST. 3. SPECIAL USE PERMIT REQUEST, SP #02-05, BY TIMOTHY MILLER, TO ALLOW A SECOND ACCESSORY STRUCTURE (GARAGE), GENERALLY LOCATED AT 591 DOVER STREET N.E.(WARD 3): Mr. Burns, City Manager, stated that Mr. Miller plans to build an 840 square foot structure. This was approved unanimously by the Planning Commission subject to five stipulations. Staff recommended Council's approval. APPROVED SPECIAL USE PERMIT, SP #02-05, WITH THE FOLLOWING STIPULATIONS: (1) PETITIONER SHALL OBTAIN ALL NECESSARY PERMITS PRIOR TO CONSTRUCTION; (2) THE STRUCTURE SHALL NOT BE USED FOR A HOME OCCUPATION OR LIVING AREA; (3) ALL VEHICLES SHALL BE STORED ON A HARD SURFACE AS APPROVED BY GHE CITY; (4) TOTAL SQUARE FOOTAGE OF ALL ACCESSORY STRUCTURES MUST NOT EXCEED 1,400 SQUARE FEET; AND (5) GARAGE SHALL BE ARCHITECTURALLY COMPATIBLE WITH EXISTING HOME AND FINISHED WITH COMPLEMENTARY SIDING AND COLOR SCHEME. FRIDLEY CITY COUNCIL MEETING OF APRIL 22, 2002 PAGE 4 4. RESOLUTION NO. 29-2002 RECEIVING FINAL PLANS AND SPECIFI- CATIONS AND ORDERING ADVERTISEMENT FOR BIDS: EDGEWATER GARDENS NEIGHBORHOOD STREET IMPROVEMENT PROJECT NO. ST. 2002-1: ADOPTED RESOLUTION NO. 29-2002. 5. RECEIVE BID AND AWARD CONTRACT FOR RIVERVIEW HEIGHTS STORM WATER PUMP PROJECT: Mr. Burns, City Manager, stated that on February 20, 2002, the City received one proposal for installation of a thirty inch storm water pump on 79th Way. The bid was submitted by Ray Anderson of General Repair in the amount of $86,220. The bid is for the installation of pump controls which will increase pump capacity by about 250 percent and greatly reduce the manpower needed to monitor pumping. It will also eliminate the need to close Riverview Terrace and 79th Way. Funding includes $30,400 from a DNR grant and $44,750 from FEMA's Project Impact program. This leaves $11,070 from the City's Storm Water Fund. Staff recommended Council's approval. RECEIVED BID AND AWARDED CONTRACT FOR RIVERVIEW HEIGHTS STORM WATER PUMP PROJECT TO GENERAL REPAIR IN THE AMOUNT OF $86,220. 6. RECEIVE BIDS AND AWARD CONTRACT FOR THE PEDESTRIAN BRIDGE REPLACEMENT PROJECT NO. 341: Mr. Burns, City Manager, stated that three bids were received on April 15. The low bid was from Gladstone Construction of St. Paul, Minnesota, in the amount of $50,648. Most of this amount will be reimbursed by the insurance carrier from Pretzel's Sanitation. The City will be responsible for the cost associated with sidewalk repair and adding additional warning arches. Staff recommended Council's approval. RECEIVED BIDS AND AWARDED CONTRACT FOR THE PEDESTRIAN BRIDGE REPLACEMENT PROJECT NO. 341 TO GLADSTONE CONSTRUCTION, INC., IN THE AMOUNT OF $50,648. 7. RECEIVE PLANS AND AUTHORIZE ADVERTISEMENT FOR BIDS FOR THE 57TH AVENUE SANITARY SEWER EXTENSION PROJECT NO. 346: Mr. Burns, City Manager, stated that this was a motion to authorize the bidding. The completed plans for the e�tension of 57th Avenue sewer main include construction of the sewer main from 7th Street and University Avenue. Application was submitted to MSAS and MnDot and staff was in the process of scheduling a neighborhood meeting in mid- May. Project cost had been budgeted as an HRA expense at $250,000. Staff recommended Council's approval. FRIDLEY CITY COUNCIL MEETING OF APRIL 22, 2002 PAGE 5 Councilmember Billings asked if this was something assessed to the adjacent property owners. Mr. Haukaas, Public Works Director, stated that there is no assessment to the property owners. Councilmember Billings stated that the neighborhood meeting is more informational so they know what is happening on the street. Mr. Haukaas stated that was correct. RECEIVED PLANS AND AUTHORIZED ADVERTISEMENT FOR BIDS FOR THE 57TH AVENUE SANITARY SEWER EXTENSION PROJECT NO. 346. 8. CLAIMS: APPROVED CLAIM NOS. 104768-104974. 9. LICENSES: APPROVED ALL LICENSES AS SUBMITTED. ADOPTION OF AGENDA: MOTION by Councilmember Barnette to adopt the agenda as presented. Seconded by Councilmember Wolfe. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. OPEN FORUM, VISITORS: No persons in the audience spoke. PUBLIC HEARING: 10. CONSIDERATION OF THE SUSPENSION OR REVOCATION OF THE INTOXICATING LIQUOR LICENSE FOR AMF BOWLING CENTERS, INC., DB/A MAPLE LANES, GENERALLY LOCATED AT 6310 HIGHWAY 65 N.E. (WARD 2): MOTION by Councilmember Wolfe to waive the reading and open the public hearing. Seconded by Councilmember Billings. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING WAS OPENED AT 7:52 P.M. FRIDLEY CITY COUNCIL MEETING OF APRIL 22, 2002 PAGE 6 Mr. Pribyl stated AMF has made application for a renewal of their liquor license. The City requires that each applicant maintain a minimum food to liquor ratio. The minimum food requirement is 40 percent. As part of the renewal packet, each license holder is required to provide financial data to the City. The application indicated that the ratio was at 40 percent. Upon reviewing the financial information received, staff determined the liquor sales were actually higher than stated in the application. The correct percentage was 28 percent. AMF and Maple Lanes were notified of this issue. Staff recommends that the public hearing be continued to October 28, 2002. AMF Bowling Centers, Inc., d/b/a Maple Lanes, would be placed on probation for a six-month period. They will submit a copy of the ST-1 Minnesota state sales tax form to the City of Fridley on a monthly basis to determine if they are in compliance with the minimum ratio. Ms. Cynthia Blanc, AMF District Manager, stated that in other municipalities certain items such as wine and beer sales are often excluded from those numbers. Her department is Operations and she would be held accountable for the six-month probation time period. Her intent is to get back to basics starting with the product. Councilmember Billings stated that this will be a tough challenge. The City of Fridley has historically taken the view that we license restaurants predominantly and liquor sales should be ancillary to that. Councilmember Wolfe asked if the City could categorize bowling alleys as different than normal restaurants? Councilmember Billings stated that he is not sure how current State law reads. It is probably possible to set this up different but will take much research. Councilmember Bolkcom stated that there are a fair amount of kids that bowl and you could somehow market food for the kids. Councilmember Wolfe stated that maybe this could be looked at differently. Mayor Lund stated that it is something to look at. He asked how long AMF has owned the facility. Ms. Blanc stated that it was purchased about 4 years ago. Mayor Lund asked if this was a problem before. Mr. Pribyl stated that it only came to their attention due the information they provide with their renewal application. Councilmember Bolkcom asked if the ordinance spells out the wine and beer rules pertaining to the ratios. FRIDLEY CITY COUNCIL MEETING OF APRIL 22, 2002 PAGE 7 Mr. Pribyl stated that the ordinance does not spell it out, it just speaks generically about alcoholic beverages. Councilmember Bolkcom asked if Coke and everything counts toward the food requirements. Mr. Pribyl stated that he would assume that is how it is classified. Councilmember Bolkcom stated that is how it is classified in the agenda. She asked what the review process would be for the ne�t six months. Mr. Pribyl stated it would be forwarded to City Council for review. The real target is six months from now. MOTION by Councilmember Wolfe to continue the public hearing to October 28, 2002. Seconded by Councilmember Barnette. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. MOTION by Councilmember Wolfe to approve staff s recommendation for a six-month probationary period. Seconded by Councilmember Barnette. Councilmember Bolkcom asked Mr. Knaak, City Attorney, if that motion was appropriate. Mr. Knaak stated that they are in effect granting a probationary license for a six-month period of time. MOTION by Councilmember Wolfe to amend the motion and granting AlVg' Bowling Centers, Inc., d/b/a Maple Lanes, a probationary license for six months until October 28, 2002. Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. NEW BUSINESS: 11. SPECIAL USE PERMIT, SP #02-03, BY AL-AMAL SCHOOL, TO CONVERT THE PROPERTY INTO A LICENSED DAYCARE CENTER, GENERALLY LOCATED AT 1413 GARDENA AVENUE N.E. (WARD 2): Mr. Hickok, Community Development Director, at the Council meeting on April 8, Council asked for more information. He indicated that the existing home would be converted to meet all County and State licensing requirements for a new daycare center. The home is on the east side of the Al-Amal school. The property is zoned R-1, single family residential. The existing home was built in 1949 and two additions were built in 1952 and 1996. The garage was built in 1987. FRIDLEY CITY COUNCIL MEETING OF APRIL 22, 2002 PAGE 8 The property is owned by the Islamic Center of Minnesota and exists as a licensed family daycare. Mr. Hickok stated that the City Code requires one parking space for every 100 square feet of usable daycare area. The petitioner stated that 614 square feet of the home would be used to accommodate the daycare center. According to the code requirement, six parking spaces are required for the daycare center. The existing driveway and parking area provide enough space for those six vehicles. Staff observed the property and noticed there are as many as three vehicles parked in the driveway at any given time. Code requires a daycare center to have a minimum lot size of 12,000 square feet. The dimension of the lot is 100 feet by 200 feet, which is 20,000 square feet. The daycare center will accommodate ten to fourteen preschool age children and will operate Monday through Friday between the hours of 8:00 a.m. and 4:00 p.m. Mr. Hickok stated that the Planning Commission reviewed this and recommended approval with stipulations. Daycare centers are a permitted special use in the R-1 district, provided they are located in places of worship, schools, or other buildings on arterial or collector streets. Staff recommended that Council concur with the Planning Commission and approval be subject to stipulations. The petitioner is here to respond to any questions. After discussion with staff it was determined that a curb "bump out" is not a good idea. Staff recommended approval with one stipulation. Mr. Guiga, Principal of Al-Amal School, submitted a letter to Stacy Stromberg, Planner, and is present in the audience this evening. MOTION by Councilmember Wolfe to accept the letter. Seconded by Councilmember Billings. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. Mr. Hickok stated that the letter described two pick-up/drop-off shifts. The first shift, grades kindergarten through 12, will use the driveway from 8:OSam and 8:25 am. The second shift, for the daycare, will use the driveway from 8:30 a.m. until 8:45 a.m. In the afternoon, daycare students will be dismissed at 3:15 p.m. Kindergarten through 12 students will be dismissed at 3:30 p.m. By creating two shifts, congestion is eliminated. Councilmember Wolfe stated that at the last presentation, Mr. Hickok stated that most people using the daycare work in the school. Mr. Hickok stated that was correct, or they are otherwise associated with the school. Councilmember Wolfe stated that the school provides parking for staff. Mr. Hickok stated that was correct. Councilmember Wolfe stated that changes to the daycare really will not affect traffic. He said he has not received one complaint about traffic or safety for a long time. Councilmember Barnette asked if the Islamic Center owned the home to the west. FRIDLEY CITY COUNCIL MEETING OF APRIL 22, 2002 PAGE 9 Mr. Hickok stated that it is owned partially by the school and there is an individual with part ownership living in the home. This person runs a home daycare operation. Councilmember Bolkcom asked Mr. Haukaas why they did not need a curb expansion. Mr. Haukaas stated that it cannot be put in with the existing utility poles. The other concern is that although it is used as a daycare now, it was designed to be a residential home. This is not an appropriate solution for a property that is designed for residential. The existing bump-out was intended for buses at the school. If there is a problem, perhaps the answer could be an addition of a sidewalk to the expansion there now. It makes parking a problem for the City because it is in the City's right-of-way, and the City would have to plow it and clear it. Councilmember Bolkcom thanked him for clearing that up. This is a special use permit for a daycare for the schoolteachers. There is a possibility that someone outside of the school would want to use this for a daycare. Why is the stipulation out about the traffic hazard? There is no way to address traffic issues with this special use permit. Mr. Hickok stated that at any point, it is our obligation to bring special use permits back for review. If there is difficulty with parking and congestion we can schedule a meeting. Any modifications or stipulations can be made part of the permit. Councilmember Bolkcom stated that one gentleman in the neighborhood had contacted Mr. Burns about traffic and parking issues. Mr. Burns stated that it was totally related to Totino-Grace High School. Councilmember Bolkcom stated that there was an issue of parking that was somewhat unresolved. Mr. Hickok stated that the shift parking will address that with only three cars in the driveway at one time. It will be a matter of inconvenience if the driveway is not working well. That will be reviewed if it causes problems. Mayor Lund stated that a turnaround may be able to help that. Mr. Hickok stated that with side by side parking, the turnaround may not work It is an existing single family driveway and seems to function well. Mr. Kais Guiga, Principal of Al-Amal School, stated that he can answer any questions. Councilmember Wolfe stated that he has seen parents double park to drop someone off. That should be watched and controlled. Mr. Guiga stated that they do have a volunteer to direct parents if they are parking wrong. If it is a continuing problem with some parents, they may be asked to leave the daycare. FRIDLEY CITY COUNCIL MEETING OF APRIL 22, 2002 PAGE 10 Mayor Lund stated that there has been ongoing significant traffic problems in that neighborhood with the schools so close. Mr. Guiga stated that they try to coordinate school start and end times with Totino-Grace to reduce traffic issues during the day. MOTION by Councilmember Wolfe to approve Special Use Permit, SP #02-03, with the following stipulation: 1. At least one (1) off-street parking space shall be provided for each 100 square feet of useable daycare floor area. Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 12. MOTION AMENDING THE ORDINANCE FROM THE FIRST READING OF THE ORDINANCE REDRAWING WARD AND PRECINCT BOUNDARIES AS A RESULT OF REDISTRICTING: Mr. Pribyl, Finance Director, stated that this is related to the first reading that occurred at the Council meeting on April 8, 2002. There was a minor change and a recommendation was made to make a change in the description of the Ward 3, Precinct 1, northern boundary. The small portion of the City in the northwestern corner that was annexed from Coon Rapids in 1999 due to a change in districts was originally described by referencing parcels. This small change is the northern boundary of the City instead of a parcel reference. That is the only change. MOTION by Councilmember Billings to amend the ordinance. Seconded by Councilmember Wolfe. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 13. ORDINANCE NO. 1165 AMENDING THE FRIDLEY CITY CODE, CHAPER 1, LEGISLATIVE BODY, PERTAINING TO WARD AND PRECINCT BOUNDARIES: Mr. Pribyl, Finance Director, stated the first reading of this ordinance was held at the Council meeting on April 8, 2002. Staff proposed to change boundaries as a result of redistricting done by the Supreme Court. The only change is the language modified to describe the northern boundaries of the City. MOTION by Councilmember Bolkcom to waive the reading and adopt Ordinance No. 1165_on the second reading and order publication. Seconded by Councilmember Barnette. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. FRIDLEY CITY COUNCIL MEETING OF APRIL 22, 2002 PAGE 11 14. INFORMAL STATUS REPORTS: Councilmember Bolkcom stated that there will be a meeting regarding the Northstar Corridor project on April 24 at 7:00 p.m. at the Municipal Center. There will also be a meeting on May 7 at 7:00 p.m. regarding East River Road Improvements. Mr. Burns stated that the City Council meeting on May 6 will begin at 8:30 p.m. Council will be meeting with the Parks and Recreation Commission from 6:00 p.m. to around 8:30 p.m. on that evening. Councilmember Billings asked Mr. Haukaas when the information meetings regarding the 57tn sewer project would be. Mr. Haukaas stated that they would be held on either May 7 or May 14. There will be two separate meetings. ADJOURN: MOTION by Councilmember Barnette to adjourn the meeting. Seconded by Councilmember Wolfe. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE APRIL 22, 2002, CITY COUNCIL MEETING ADJOURNED AT 8:35 P.M. Respectfully submitted, Signe L. Johnson Scott Lund Recording Secretary Mayor