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08/08/1983 - 00012525i �.� T�IE MINO'�'S OF 'twF F1;[1T AR ��TNr' pF F FRIDLF'Y r`ra m�('T OF AUGUST 8. 1983 Zhe Regular Meeting of the Fridley City Council was called to order at 7:30 p.m, by Mayor Nee. PLIDGE OF ALLF7GIANCE• Mayor Nee led the Council and audience in the Pledge of Allegiance to the Flag, ROLL CALL: MEMIBERS PRFSENT: Mayor Nee, Councilman Barnette, Councilman � Schneider, Councilman Hamernik, and Councilman Fitzpatrick N�ERS ABSIIV'P: None APPROVAL OF MINUTFS• COUNCIL MEETING. JULY 25, 1983: Councilman Hamernik requested the following typographical errors be corrected: Page 6, paragraph 10; Page 7, p3ragraphs 1 and 3; and Page 9, �ragraph 9, MOTION by Councilman Hamernik to �pprove the mxnutes as presented, with correction of the above typographical errors. Seconded by Councilman Barnette. Upon a voice vote, all voting aye, Mayor Nee declp,zed the mouon carried unanunously. ADOPTION OF AGENDA: Mayor Nee requested the following items be added to the agenda: (1) Consideration of a Resolution Setting a Primary Election, Establishing Polling Places, and Appointinq Judges; and (2) Consideration of a � Resoiution in Opposition to Senate File 66. MOTION by Counczlman Fitzpatxick to adopt the agenda with the above addrtions, Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. OPEN FORDM. VISITI�RS: PRFSENrATION OF DIVIDETID CHECK• Mr. Dale Hadtrath presented a check to the City in the amount of $19,07$.O1 from the Home Insurance Campany which is being paid due to the City's improved loss ratio. Mr. Hadtrath stated the loss ratio has been improved by the outstanding work of Jim Hill, Sid Inman, Bill Hunt, and Nasim Quxeshi, through the awareness of 7ob safety and accident prevention, � mrm��Tr NLETrnx� OF AIGUST 8 i 98� PP�E Z Mx. Hadtrath extended his cangratulations to the City employees for a good �ob in this area. Mayor Nee congratulated staff on the reductzon of the City loses. •_�.: _��L_ �� - -� 51:: • � • : • N I�.M41L��,�4. U �IU�I�M �� I , � : �I� _ �� Councilman Fitzpatrick nominated Brad Sielaff for appointment to the vacancy created by the resiqnat�.on of Todd Tessmer, and the term expiring � in 1985. �ere being no further nanuzations, the follaving action was taken: MOTION by Councilman Barnette to cast an unanimous ballot for the appointrnent of Brad Sielaff, 6770 Plaza Curve, to the Energy Commission. Seconded by Councilman Hamernik. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimausly. MOTTON by Councilman Hamernik to table the appointment to the other vacancy on the Energy Conm�ission for the term expiring in 1984. Seconded by Councilman Schneider. Upon a vaice vote, all voting aye, Mlayor Plee declared the motion carried unanimously. �� •� • ia,� � •. . �� . , i� �. � •�� 1 �� •,�� « �- •� i �� i � 1�� -� � — Mr. Flora, Public Works Director, stated this request for variances was before the Appeals Coirnnission at their June 28, 1983 meeting and approval was recommended with certain stipulations. Mr. Flora stated the variances requested are to increase the size of a free standing sign fran the maxim�nn of 86 square feet to 371 square feet; to increase the height of one free standing sign from the maximum of 25 � feet to 47 feet, and the second free standing sign from 25 feet to 36 feet; to increase the size of two directzonal signs from the maximum of 4 square feet to 7 square feet, and increase the size of a third directional sign from 4 square feet to 24 square feet; and to decrease the setback from right-of-way for a directional sign iran the minimum of 10 feet to 2 feet. �J Mr. Flora stated the ma7or request is for an identification sign, a truck products sign, and two directiot�al signs, He stated, after considerable discussion by the Appeals Commission, they recommended approval to increase the size of a free standing sign from the maximum of 60 square feet to 241 square feet and to increase the height of that free standing sign fran the maximwn of 25 feet to 47 feet. They further recommended the size of the three directional signs be increased from 4 square feet to 7 square feet and to decrease the setback from the right-of-way f-or a directional sign from the m;n,m� of 10 feet to 2 feet, with stipulations that the "Trucks" sign shall be elutunated; the 24 square foot directional sign shall he el�minated; and the "Parts & Service" directional sign shall be renoved. L u / ��I •��il . � � � • Mr, Flora stated, in reviewing this propexty, there are some code deficiencies regarding landscaping to be placed along Viron Road and Fireside Drive, repainting of existing signs on the front and sides of the building, and construction of a handicap ramp for the truck sales office. He stated these items were not included in the stipulations by the Appeals Conunission, but felt they should be brought to the Council's attention. Mr. Peugh, representing Signcrafters, stated the sign they are proposing would be about 10 feet hiqher than the existing sign which would be removed. He stated the purpose of the wall signs were to screen the air- conditioning units an the roof. Councilman Schneider questioned how much signage was permitted on the � walls, and Mr. Flora stated they meet the requirements for the signs on their walls, with the ones suggested to be removed. Councilman Schneider questioned the square footage of the existing "Viking" sign. Mr, Flora stated it is 331 square feet so the request is actually a reduction in size, haaever, it would be higher. Councilman Schneider asked which signs would be removed from the walls, Mr. Dooley, representing Viking Chevrolet, stated the sign stating "Body Shop" on the north side of the building would be removed. Counci].man Schneider stated he didn't have a problem with the proposal for the new sign as he felt rt would improve the area. He s�ated his only thought was there seems to be a lot of clutter and felt it would be advantageous to renove smne of the wall signs. Mr. Dooley stated they could renove the two small signs, but would like the one facing Fireside Drive, Councilman Schneider asked Mr. Dooley about the question raised by staff regarding the landscaping. Mr. Dooley stated there are trees and shrubs � along Viron Road, Fireside Drive, and the highway, He stated tihey received a request in the mazl today regarding landscaping, and it looks like they are being asked to spend $15,000 to $20,000 for shrubs and felt this was too much, however, there is no questian there are some things they can do to improve the landscapinq. Mr. Flora, Public Works Director, stated when the special use permit was granted to provide for van parking on the Stxite-Anderson pxoperty, thexe was a requirement for a landscaping plan to be provided. He stated he talked to Mr. Dooley this past week regarding the su�nission of a plan for landscaping the boulevards along Viron Road and Fireside Drive. He stated staff has identified several different species of plants and trees which could be used for this landscaping. Mr. Flora stated, in addition to the landscaping, the fence to the back of the building should be screened; the existing signs on the building should t�e rep�inted; and a handicap ramp be installed to the truck sales office. � � �� A u� h. � : let _ 'I�7 S r �, PAGE 4 ' f I Mr. Dooley stated they have every intention of repainting the wall signs and they would install a handicap ramp. Mayor Nee stated he didn't f-eel the question of the landscaping could 6e settled at this time, however, if the same standards that apply for the Datsun dealership are set for Viking, he asked Mr. Dooley if this would be acceptable. Mr, Dooley stated he didn`t feel this woulcl be a pro6lem and some of the landscaping could be done this fall and that a two year period would be reasonable to complete the required landscaping. � MOTION by Councilman Schneider to concur with the recommendation of the P,ppeals Commission to grant the variances to increase the size of a free standing sign frcen the maximinn af 80 square feet to 241 square feet; to increase the height of the free standing sign fran a maxim�nn of 25 feet to 47 feet; to increase the size of three directianal signs from 4 scuare feet to 7 square feet each; and to decrease the right-of-way setback on Fireside Drive from 10 feet to 2 feet, with the stipulation that the petitioner complete work on the handicap ramp to the truck sales office, and work with the staff to provide adequate screening for the storage area in the back. Further, the petitioner is to work with staff to develop a landscaping plan along Viron Road and Fireside Drive up to a level similar to other car dealerships in the City to be completed by September, 1984. Seconded 6y Councilman Barnette. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. •s� �� • :1 • i� u. �. _ �� • • • �,_ �� •� t MOTION by Councilman Schneider to waive the reading and adopt Ordinance No, 780 upon second readinq and order publication, Seconded by Councilman Fitzpatrick. Upon a roll call vote, Mayor Nee, Councilman Schneider, Councilman � Fitz�trick, Councilman Hamernik, and Councilman Barnette all voted in favor of the motion, and Mayor Nee declared the motion carried unanimously, � Mr. Herr}ck, City Attorney, stated this ordinance takes a longer period to go into effect than a normal ordinance. He stated he believed it is 90 days after publication and administration should take this into consideration. Mr. Qureshi, City Manager, stated an opiru on was received that staEf may proceed on the basis of what the Council originally �ssed. He stated, in essence, this ordinance is the same one as adopted earlier by the Council, but the public hearing wasn't held, therefore, it was necessary to hold the hearing and then have the Council take action again fox adoption of the ordinance. ��...��•� •� � •� u • •� �. � •� ••� ,• u � . 1 . � � � . � � • �.�'J�; • • � � �� a • �, � � � ,,. MOTION by Councilman Barnette to waive the reading and adopt the ordinance upon second reading and order publication. Seconded by Councilman Hamernik. `T �� a ��.�� • ylr� .. PAGE 5 Councilman Schneider stated, at the first reading of this ordinance, he chd support it procedurally, haaever, he has difficulty with Section 6.02 (b) which, in effect, renoves the concurrence of the Council, as a Charter requirement, for the hiring or dismissal of City c�nployees. Councilman Schneader stated it has been his philosophy to bring accountability to the Council £ox actions by the City. He stated one of the first activities on which he spent a considerable amount of time was the code of ethics ordinance. He stated the Charter, as it stands, significantly influences and restricts the ability of Council members to interfere with daily work. He stated it is, therefore, vital for the Council to have a free flow of information with the administration and this involves who the City is hiring and who the City is dismissing. He stated Yhe proposed change would eliminate that information flow to the Council. Councilman Schneider stated he has no distrust of the present ac�hn�.nistration and the way it has worked, there is no problem; however, he felt the Council's function to oversee the hiring and dismissal of enployees should be retained. Councilman 5chneider stated he would like to be aware of what is happening and for the Council to continue with their concurrence in the hiring of employees, haaever, he stated the City Manager's hands are somewhat tied if he isn't free to dismiss employees. Councilman Schneider stated he had discussed his concerns with the City Manager and a compromise has been suggested in that the Council would concur with hirings and would only be notified of any dismissals. Councilman Schneider suggested this ordinance be tabled so this compromise could be presented to the Charter Crnmnission. MOTION by Councilman Schneider to table the second reading of this ordinance until October in order to sulxnit the proposed compromise to the next meeting of the Charter Commission for their consideration and discussion. Seconded by Councilman Fitz�trick. Councilman Hamernik pointed out the Council reviews the budget and the Council is made aware at that time of changes in personnel. He felt the Council has the opporturuty and authority to either approve or disapprove any positions dueing the budget process. He stated if there isn't money for salaries available, there wouldn't be any hiring. Mayor Nee stated he was prepared to vote for the second reading as it now stands, but didn't feel it would pass. Councilman Schneider stated it is a philosophical question, but he can't support the ordinance as it is naa written. Ms. Sue Jackson, a member of the Charter Commission, stated her first reaction to the compromise is fairly positive. She stated the whole thrust of the change regarding employees came after the change regarding the City Manager. She stated the first consideration was to see that the City Manager serves at the pleasure of the Council. Ms. Jackson stated if the City i+lanager is held accountable for the way the City operates, he must � �I � � J ��i)\ 'JI � :-1l1 ' have some freedom to wntrol the people that work under him. She stated the ntunber of positions or personnel would he set in the budget, with the City Nkviager having the right to choose the indzviduals. Ms. Jackson felt the Charter Cammission would be open to discussing the compromise suggested by Councilman Schneider. UPON A VOICE VOTE TAKEN ON �IE MOTION 7U TABLE, all voted aye, and Mayor Nee declared the motion carried unanimously. �SI_1—� � � � 1\D71• 5 •1 1' • � �1 " Y S �1�%CYYY'J1 P3aTION by Councilman Fitzpatrick to waive khe reading and adopt Ordinance No. 781 on the second reading and order publication. Seconded by Councilman Barnette. Upon a voice vote, all voting aye, Mayor Nee declared the motton carried unammously. �I?�. : _,L�CX�i . ,/ , 'S �_ i4S ' : � 1� i� '��1L�1 • S .� ' �� ' lD ' S � • • � �• ' : Mr. Qureshi, City Manager, stated the C3iarter requires the City Manager to suhnit the preliminary budget to the Council in order to set a public hearing. Mr. Qureshi stated the budget for 1984 is $7,357,113 which is a 3.79% increase over the 1983 budget, He stated the Council would be provided with adjusted figures as they become available from ihe State and County. He stated this is a balanced budget, as required by the City Charter, and further details will be sulaiitted at the public hearing on September 12, 1983. MOTTON by Councxlman Hamernik to receive the preliminary report of the � City Manager for the 1984 budget and set the public hearing for September 12, 1983. Seconded by Councilman Schneider. Upon a voice vote, all votxng aye, Mayor Nee declared the motion carried unanimously. � ��i�, �� • �LJl�L • .. '�?,1 9ti •; •71• • .• 1 �• i� � � M•• • , �� , � � 1 a�71I �. '��:Bi• •z_._ Mr. Flora, Public Works Director, stated this special use permit is requested in order to construct a gatage in the floocl plain at 640 Cheryl Street. He stated accessory buildings are allowed in the flood plain, as long as they aren't for hiunan habitation and are constructed to building codes, He stated it was suggested that Lots 20, 21, and 22 be combined into one tax statement and the petitioner has taken this action, _L'.7 •�i.1� • i.yCi _ � Mr. Flora stated staff has no ob�ection to this special use pecmit and the Plamm�g Comission has recommended approval of this request, with the stipulation of combimng the lots into one tax statement. Councilman Fitzpatrick stated, as he understands, action has been taken to combine the lots into one tax statement. MOTION by Councilman Fitzpatrick to concur with the unanimous recommendation of the Planrung Conunission and grant special use permit, SP #83-05. Seconded by Councilman Barnette. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. •• � �� i � �,. • 1 • •: �� • • • �� ;� :�«, �� • � � . ,. • � � u�� • u� 3� �: . � � �,� � u � � � � P7r. Flora, Public Works Director, stated this is a request to reduce the side yard setback from the required five feet to three feet to permit the conversion of a single car garage to a double garage. Mr. Flora stuted, at the Appeals Commisison meeting, there was considerable discussion that the garage could be 20 feet instead of 22 feet and, therefore, a variance would not be requzred. He stated the Appeals Commission denied the variance as they felt the hardship had to be based on more than �ust economic reasons. Mr. Flora stated the vote by the Appeals Commission was 2 in favor and 2 against the motion and, therefore, this item was referred to the Council. Mr. M�.ttelstadt stated the variance for which he is applying is xeally only for one foot so he could make the garage 21 feet. He stated he originally applied for a two foot variance in order to make the garage 22 feet. Mr. Mittelstadt felt the variance would make a substantial difference in the quality of the garage and indicated he intended to build the garage whether or not a vanance was granted. Mrs. Kuhnly, 6747 Washington Street, stated the lots in this particular area are angled and are 75 feet across the front and about 55 feet across the back, She stated the hames are pretty craaded and the ma�ority of the homes in the immediate area have single attached garages. Mrs. Kuhnly stated, when their home was built, it was too far north and their dxiveway was on the pxopexty line so they had to buy sevexal feet oi- land from their neighbar in order to get out of their car. She stated the only room they have is on the south side of their property where Mr. Mittlestadt wishes to enlarge the garage, and she would prefer not having any more building than what is already there. rlr. Richard Nord, 6805 Washinqton Street, stated most of their area has single attached garages and felt, if this variance is granted, other requests will have to l�e granted which will make their area even more � � � •� �� ,� ��. • r, craaded. He stated he built a two-car garage on the back of his lot so he wouldn't have to obtain any variances. Councilman Barnette stated Mr. Mittelstadt is going to add to his present garage whether or not the variance is approved. Councilman Hamernik stated he appreciated Mr. Mittelstadt trying to upgrade his property by adding on to the garage, however, with the objection of ad�acent property owners, he finds it difficult to vote in favor of the proposed variance. � NJOTION by Councilman Hamernik to concur with the split decision of the Appeals Commision and deny the variance request to reduce the side yard setback from the required five feet to four feet. Seconded by Councilman Barnette. Upon a voice vote, all voting aye, Mayor Nee decl�ared the motion carried unanimously. � � NI�TION by Councilman Schneider to receive the minutes of the Planning Commission Meeting of July 27, 1983. Seconded by Councilman Barnette. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. � �. � �� •� �� i • • � •. MOTION by Councilman Schneider to receive the minutes of the Cable Television Camnission Meeting of July 14, 1983. Seconded by Councilman Hamernik. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. �_ •� �� .• �: �. •._s�; � •� '• � �L_ • u 's� � �. 11� a. MOTION by Councilman Fitzpatrick to adopt Resolution r7o. 69-1983. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carriecl unanimously. _,�1 �� •: ��•�. � � � .� �__�. � �� • �r � � � �n 1� � • �, � � ..,�s� • _� �� . �•' �, Mayor Dlee stated this bill is known as the "Goldwater Deregulation Cable Bill" and, if this resolution is adopted, he felt it should be sent to Senators and Representatives in Congress and the Mayors of larqe cities over 8,000 population. MOTION by Councilman Schneider to adopt Resolution No. 70-1983. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declarecl the motion carried unanimously. 9. FSTIMATES: MOTION by Councilman Schneider to approve the estimates as submitted, �, � � �� .1� _ �i _�. • • .ei (Estimates) Monette Constuction C�npany,Inc. 2050 White Bear Avenue St. Paul, MN 55109 Estimate #4 Center City Plaza Pro�ect Halverson Construction Com�ny 4227 165th Avenue N.E. Wyaming, P4�I 55092 Estimate #4 MiSc, Concrete, curb & Gutter Pro�ect Hardrives, Inc. Suite 216 3030 Harbor Lane Minneapolis, L�II9 55441 St. 1983-1 St. 1983-2 Estimate #4 Les Jones Roofing, Inc. 941 West 80th Street Minneapolis, Mn 55420 $ 3,648.14 $27.952.27 Final Estimate Commons Park Filter Plant Roof Reconstruction Keehn Brothers, Inc. 2512 Hillsboro Avenue North N�a Hope, MN 55427 Final Estlmate Locke Park Filter Plant Roof Reconstruction RT�3? ' $64,738.70 $ 850.00 $31,600.41 $ 5,041.65 $27,300.00 Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carned unammously. 10. CLAIMS: M�TION by Councilman Barnette to approve Claims No. 195019 through 216Z02. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unantmously. 11. LICENSFS• MO'i'ION by Councilman Schneider to approve the licenses as sukmitted and as on file in the License Clerk's Office. Seconded by Councilman Hamernik. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. � �� ! � �1 I � � ��.1�. _ 4_�!� _�. • �.�; � «. ...' �Is_ ,_ •S�_�s�..r_�i � f� sv pP�E lp ' �� , � Mr. Dick Harris, R�.verview Terrace, asked where the ordinance now stands regarding the requiranent for sprinkler systems. Mr. Qureshi, City D'lanager, stated the State has given cities an option to adopt Append�.x E to the Uruform Building Code which would provide higher standards for fire protection by requ.tring sprinklers in new buildings or additions to b�iildings. He stated most of the surrounding communities are considering adopting this requir�nent and Spring Lake Park, Mounds View, and Brooklyn Center already have these ordinances. Mr. Qureshi stated if this is adopted, it shifts some of the burden Eor fire protection to the property owners. Mr. Qureshi suggested to Mr. Harris that he contact Fire Cnief, Bob Aldrich, since he does have some cost com�risons. Mr. Qureshi stated the Council will be discussing this item further on August 22, as there was a first reading of the ordinance on July 25, 1983. Mr. Harris stated he saw some figures regarding the cost to insta3l a sprinkler system and felt perhaps it doesn't reflect the true costs, as connection costs may be higher than what an actual sprinkler system would cost for a small building. Nlr, Harrxs stated he can't make an argument over the safety factor and perhaps the burden of responsibility shoUld be shifted to the property owners. He suggested perhaps if it was such a good idea that City Hall should 6e sprinkled and used as a test case. Mr, Qureshi stated they are planning to have hhe laaer level in the City Hall sprinkled. Councilman Hamernik stated, in discussions at the last meeting, it was � felt the options the State left open to local �urisdictions were somewhat lunited, and was one of the reasons the Council considered this aption to adopt appendix E. � � � �1 _.�s�� MOTION by Councilman Hamernik to adjourn the meeting. Seconded by Councilman Barnette. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the Regular Meeting of the Fridley City Council of August B, 1983 ad�ourned at 8:55 p.m. Respectfully suhnitted, ,, G-liL'�.G"� �-,�L��.� Carole Haddad Secretary to the City Council Approvede 1�ugust 22, 1983 i�� -'`�- Wi� J. Nee �