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07/25/1988 - 00010673� � 1988 � ��t131 OF Tf� REGULAR MEETING OF Tf� FRIDLEY CITY COUNCIL OF JULY 25 The Regular Meeting of the Fridley City Council was called to order at 7:42 p.m, by D'i�yor rdee. PLEDGE OF ALLEGIANCE• Mayor Nee led the Council and audience in the Pledge of A1legiance to the I'lag. ROLL CALL: MEN�ERS PRESIIVT: Mayor Nee, Councilman Schneider, �uncilmzn Billings, Councilmn Fitzp�trick and Councilwanan Jorgenson NEMBERS ABSE�FP: None APPROVAL OF MLNOTES: COUNCIL A7EETING, JULY 11, 1988: MOTION by Councilman Schneider to approve the minutes as presented. Seconded by Councilwanan Jorgenson. Upon a voice vote, all voting aye, A4ayor Nee declared the motion carried unanunously. ES�^cRGIIVCY COUNCIL MEETING, SULY 13, 1988: MOTION by Councilir�an Schneider to appr�re the minutes as preser.ted. Seconded by Councilwccnan Sorgenson. Upon a voice vote, al1 voting aye, Mayor Nee declared the motion carried unarumously. ADOPPION OF AGENDA: The follaaing it�n was added to the agenda: "Considerztion of Signage at the Satellite Fire Station." MOTION by Councilman Fitzpatrick to adopt the agenda with the above addition. Seconded by Councilman Schneider. Up�n a voice vote, all voting aye, Mayor Nee declared the motion carried unanunously. OPEN FORUM, VISITORS: There was no response fran the audience unc�er this it�n of business. PUBLIC HEARING° l. PUBLIC HEARING ON A VAC'ATION, SAV #88-01, TO VACATE A SIX FOCYP EASEMENT FOR � STORM SEWER DESCRIBED IN DOCLTA4QVT 268274 IN SOOK 659, DATED NOVEMBER 3, 1964 AND TO VACATE A 12 FOOT FA�Fnrr FOR CL�NSTRUCPION AND MASNPIIVANCE OF A STORM _ SEWER DESCRIBED IN DOQTMQ�IT 280899 IN BOOK 697, PAGE 441, DATED OCTOBER 20, -1- � ��3� FRIDLEY CITY CDIINCIL ME.E°PING OF JUI,Y 25, 1988 ' 1965, ALL GF'�NERALLY LOCATID AT 6499 UNIVERSITY AVEDIU� N.F., BY THE CITY OF FRIDLEY AND TARGET NORTHERN OPERATIONS CENPER: P�D'I'ION by Councilman Fitzpatrick to waive trie reading of the public hearing notice and open the public hearing. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanunously and the puhlic hearing opened at 7:47 p.m. NIr. Rcbertson, �ununity Develognent Director, stated these easements are lccated at the southeast corner of A4ississippi Street and University Avenue and abandoned storm sewer lines were rerovecl with the construction of the Target building in 1984. He stated for sane reason, the vacation was not processed at that ti�. Mr. Rabertson stated the vacation was revi�ved by the Plamm�g Commission and recaimzended for approval. No persons in the audience spoke regarding this proposed vacation. N1D'I'ION by Council�n Fitzpatrick to close the public hearing. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee decl�red the moti�n carried unammously and the public hearing closed at 7.48 p.m. OLD BUSINESS• ' 2. �NSIDERATION OF A VARIANCE, VAR #88-15, TO INCRPASE THE HEIGHT OF A FENCE IN A CI�P�EMIERCIAL DISPRICT FROM 8 FEET TO 10 FEET; TO REDUCE THE BUILDING SEPBACK AA7AC�1T TO AN R-1 DISTRICP EROM 50 FTET 'IC) 40 FEET; TO REDUCE THF BUILDING SETBAQ{ AA7ACEbTP 'lY� AN R-2 DISTRT(T FROM 50 FEET TO 10 FEET. TO HE CONSTRUCTION OF A STORAGE SHED/DISTRICT BUFFER AND IMP] fG FIIVC� ON LOT 9, AUDITOA'S SUBDIVISION N0. 94, TI-IE SAME BEING AVEN[IE N.E., BY MENARD, INC. (TABLED 7/11/88): Mr. Robertson, Car¢nunity Develognent Director, stated this item was tabled at the last Council meeting so that a sound engineer could reaiEw the noise levels at Menards. He stated Mr, A1 Perez irom Diorthern Sound cenducted sane field tests at the N�nards' site and has a report far tYie Council. Mr. Perez statecl he submitted a letter to the Council dated July 22, 1988, regarding the noise levels at Menards. He stated tests were conducted on Ju1y 20, 1988, and measurements taken at Menards' yard and the closest resinences. Ne statecl the noises included dropping planks and t_russes and racing lift trucks. Mr. Perez stated the largest sounds measured were u�ulsive sounds and levels were in the area of 70 to 75 decibels. He stated the background level at the residence at 1259 Skywood Lane was 57 decibels. He stated the City provided sketches of cross-sections depicting the yard, the proposed 1-a�rrier, and the resiclence at 1259 Skywood Lane. He stated using this info�mation, the proposed noise barrier will result in a r�unurnun sound reduction of 10 decibels. Ne stated this reduction will � result in sauid levels less than 65 decibels reachsng Skywood Lane and are within the State's daytune noise standard of 65 decibels, -2- ��i;�le� FRIDLEY CITY �CINCIL MEET7NG OF JULY 25. 1988 ' N�. Perez stated the State's noise standards are only mear,t for non-�ulsive events and, therefore, the �cceptability of the noise levels fran N�nards at 1259 5kywood Lane, after construction of the barrier, cannot be gauged against these standards. He statecl the 10 decibel reduction will be perceived by the residents at 1259 Skywoocl Lane as a SOv reduction in the loudness of events. Nh. Perez brought equixanent and a speaker to de�;�onstrate the effects oi a 10 decibel reduction. Ms. NL3ry A^atthews, 1259 Skywood Lane, askec hom* the background noise was determined. Mr. Perez stated the unit which captures the variations of souncl was operating at various t�mes before and during the tests. Ms. Matthc�vs asked if the thunder and rain and airplane noise on the day these readings were taken were given consideration, Mr. Perez stated all of these events were taken into consic'eration in canputing the noise levels. Dr. Carl Heggestad, 1258 Skywood Lane, asked if As. Perez was lx�sing the 50% reduction on the nature of the materials used in construction oi the storage , sheds, Mr. Perez statecl it is s�ly based on the structure acting a_s a barrier. He stated it is suggested the inside of the shed be made absorbent so there will be a reduction of the sound bouncing off the storage sheds. Councilman Billings stated the residents' concern was, in the future, what recourse the residents would have should increased business at MEnarcls bring increased yard activity that raises noise levels. He stated the background noise measured was 57 decibels and, if the aisplanes ancl rain hadn't been a_ factor, if the background noise would have been laaer. Mr. Perez stated the noise levels would not have changed because of the rain or airplanes. He stated the daninant force a.t the test site was I-694 and that wouldn't change very much. He stated he ls very familiar with I-694 and the noise levels would possibly change only a fraction of a dec�iel. Councilman Billings asked if there was additional activity in Menards yard, would it result in an increase in the noise leve]s. Mr. L-�rez stated the typical activities which take place at AZenards would not increase the sound levels. Cotmcilman Billings asked if there were two forklifts o�rating at the same location would it increase the noise. bSr. Perez stated if they w�re both at � the identical location, the noise level may increase by three dec�bels at Ms, hl�tthcjas' residence. He stated if the forkliits were operating at opposite ends of the yard, there probably wouldn't be much of a change in -3- ' ' � r)k�3 i FRSDLEY CITY O�UNCIL N�PIlVG OF J[IL�Y 25, 1988 noise levels. Councilman Billings stated the fact that P7enards is busier doesn't necessarily nean it will be noisier. Mr. Perez stated the worst case would be forklifts operating in the identical area which would result in a three decibel increase, Ms. Matthe�n*s asked who determines the type of material used in construction of the storage sheds to insure proper acoustical materials and heic�ht. Nir. Rd�ertson stated this would be the responsibility of the Euildsng Inspection De�rtment. He stated the work would be inspected to mzke sLre it is constructed according to the pl�ns submitted. Ms. Matthe.as asked if they can see the final pl�ns. Mr. Robertson stated resiclents could revieca the plans when they are submitted. Mr. Prochaska, representing Menards, stated three-quarter inch plywood lined with fiberglass would prolx-ibly be an effective sound deadening device. He stated Nir. Perez recrxr¢nended a roof insulation type of product. Councilman Billings stated in reviesving the file and talking to neighboring residents and Menards Store Ni�nager, Mr. Seeger, it seems it is primarily the dropping of planks and r_oise from the dumpsters and forklifts which disturb the residents. He stated the Store N�nayer is investigating to see if there is sane ty� of sound-deademng insulation that can be installed on the housing unit of the forklifts without a negative un�ct on the engine's cooling systan. He stated they also have a snaller chunpster and have talked to their enployees about reclucing noise levels in their yard. Councilman Billings stated the speakers are not hooked up in the outside area and the noise fran the hand-held skill saw dic] not increase the decibel levels at the residences on Skywood Lane. He statecl in terms of controlling the sound on the site, he feels it is good management policies that dictate the noise levels being kept as low as feasible. Ms. Matthecvs stated the Store Manager does have a problen in training their anplayees in noise reduction because of the turnover. She felt the only way to control the noise level is by the hours of o�:eration of the store. Pri3yor Nee stated the base line for the noise levels has been est�blished and if there is any significant increase, the issue is open for chscussion, Councilman Schneider asked if Menards would have to load and stock on Sundays or if this work could be done on we�days and Saturdays. Mr. Prochaska stated this was the reason they are constructing the sound barrier, Mr. Robertson reviesved the L5D and L10 decibel levels established in the City Code. The L50 is 6D and the L10 is 65 for claytime hours ann the L5C is 50 and the L1D is 55 for nilhttime hours. Ms. Ni�ttheVas stated she would like the hours of operation reviewed in a Q� �)�� 35 FRSDLEY CITY Q70NCIL MEEP7SIG OF JULY 25, 1988 ' year. Mr. Prochaska stated if they are going to spend the funds for this construction, he wanted same decisions made this evening so tl-iey could proceed. Ms, Matthe,as asked if he woulcl go along with a revic�a in one year. Mr. Prochaska ansv��ered in the negative and stated he is here thts evemng to revicia their proposal. NbTION by Councilman Billings to grant variance, VAR #88-15, to increase Lhe height of a fence in a ecarunercial district fran 8 feet to 1D feet� to reduce the building setback adjacent to an R-1 District frcan 50 feet to 4D feete to reduce the bmlding setback adjacent to an R-2 District from 50 feet to 10 feet, to allav construction of a storage shed/district buffer and improved screening fence at Menards, 5351 Central Avenue, with the iollowing stipulations: (1) Working drawings for all structural impravements to be signed by a registered engineer; (2) Truck deliveries, unloading and stocking the storage yard area will be confined toe Monday - Friclay, 8:00 a.m. to 9:00 p,m.; Saturday, 8:00 a.m, to 5:00 p.m.; Sunday, 9:00 a.m. to 5:30 p.m.; (3) Notwithstanding Item 2, all other activity in the storage yard area will be confined to the follaving times: Monday - L'riday, 7:00 a.m, to 9:30 p,m.; Saturday, 7:30 a.m, to 6:30 p.m.; Sunday, 9:00 a.m. to � 5:30 p.m.; (4) N�nards will praTide screening slats for the westerly facing fences and gates; (5) N�nards will replace all dead plant materials in the boulevard area; (6) Menards will agree to work with staff on an erosion control and turf restoration plan, prior to Y_he build�ng permit, to provide sound-deademng; and (7) Al1 portions of sheds that are above grade and abut residential properties shall be insulatecl in the c�a11s and ceilings with no less than 25-30 second insulation board or comparable material and sided with exterior (flake board) or similar material and be roofed with no less than 1/2 inch asphalt roofing. Seconded by Councilman Fitz�tricic. NDTION by Councilman Billings to amend the above motion by eliminating the words "and stocking the storage yard area" in stipulation No. 2; changing the hours cfE operation in Stipulation I�b. 2 for Sunday from 11:00 a.m. to 5:30 p.m.; and substituting a new stipulation for P,o. 7 to read as follows: "This variance is contingent on construction of the fences and storage buildings as approved by the City Engineer." Seconded by Councilman Fitzp�trick. UPON A RQLL CALL VOTE, Councilman Billings, Councilman Fitzpatrick and Mayor Nee voted in favor of the moti�n. Councllman Schneider and Councilwanan Jorgenscn voted against the motion. Mayor rlee declared the motion carried by a 3 to 2 vote. NDTION by Councilman Schneider to amend Stipulation No. 3 to change thc Saturday hours to 9:00 to 6:30 p.m. and change the Sunday hours to 11:00 to 5:30 p.m. Seconded by Councilwanan Sorgenson. � Mr. Prochaska stated he withdraws lus request and left the Council meeting, Council[rt�n Billings stated in conver:ations with N�na�ls' representatives, -5- 4s"�;3G FRIDLEY CITY �ITNCIL D'�EPING OF �ULY 25, 1988 � he understands they do not wish to proceed with this construction and then a year frcan naa be told that their operations will be restricted. He stated they want to construct the barrier and get along with their business. UFON A ROLL CALL VOTE TAKEN ON 7HE P.N�NDED P�mION, Councilman Schneider znd Councilwcman Jorc�enson voted in favor of the �tion. Maycr Nee, Councilman Billings and Councilm�n Fitzpatrick voted a�*ainst the motion. Mayor Nee declared the motion failed. UPON A ROLL CALL VOTE TAKEN ON THE MAIN MOTION, Mayor Nee, Councilman Billings and Councilman Fitzpatrick voted in favor of the motion, Councilm�n Schneider and Councilwanan JorcYenson voted against the motion. Mayor Nee declared the motion c•zrried by a 3 to 2 vote. 3. CONSIDERATION OF A SPECIAL USE PERMST, SP #88-06, TO ALL�C�7 Tf� EXPANSION OF OUTSIDE STORAGE ON L(YP 9, ALTDZTOR'S SUBDIVISION N0. 94, 'PHE SAME BEING 5351 CEN`PRAL AUENCTE N.E.. BY MOVP.RD. INC. (TABLED 7/11/881 : NDTION by Council�n Billings to apprwe s�ecial use permit, SP #88-D6, with the follaving stipulations: (1) Working drawings ior all structural unpravanents to be signed by a registered engineer; (2) Truck delivenes and unloach ng will be confined to: Monday - Friday, 8:00 a.m, to 9:00 p.m. Saturday, 8:00 a.m. to 5:00 p.m., Sunday, 11:00 a.m. to 5:30 p.m.; (31 Notwithstanding iteln 2, all other activity in the storage yard area will be ' confined to the follaniing tunes: Monday - Friclay, 7:00 a.m. to 9:30 p.m. ; Saturday, 7:30 a.m, to 6:30 p.m., Sunday 9:00 a.m. to 5:30 p.m.; (4) Menards will provide screerung slats for the westerly facing fences and gates; (5) P4enards will replace all dead plant materials in the boulevard area; (6) r4enards will agree to work with staff on an erosion control and turf restoration plan, prior to the building permit, to prwide sound deadening; and (7) This special use pezmit is contingent on construction of the fences and storage buildings as appraved by the City Engineer. Seconded by Councilman Fitz�trick. MOTION by Councilman Schneider to amend the above motion by adding Stipulation No, 8 that this special use Fermit be fornially reviewed by the City Council at a public hearing in two years. Seconded by Councilwoman Jorgenson. Councilm�n Billings stated he understands that if there is a stipulation for review, Menards wouldn't proceed with the fence and felt the fence is sanething the City desired. Councilman Schneider stated the problen w�th Menards has been an cn-going issue for the last 10 to 15 years. He stated he would like the opportnnity to keep a check on their o�rations because of �st e�eriences. Ni�yor Nee asked Councilman Schneider if the review he is suggesting would consist of canpliance with the stipulations. � Councilman Schneider stated if their proposed construction vaasn't built to standards, it would be an opportunity to have this corrected and to :L•'� �?(33 i FRIDLEY CITY QJIINCIL MEEPING OF JULY 25, 1988 � deternu ne if the noise is a problen with the hours they operate, Mr. Herrick, City Attorney, stated the City has establ�shecl noise standards that apply throughout the City and to all industrial and commerci�l operations in the City. He stated the City could not adopt more severe standards for P'1es�ards than for other inchviduals cr corporations. Mr. Herrick asked Mr. Perez if he was aware of any State rules and regulations in effect for ur.pulsive souncls. Mr. Perez stated he was not aware of any such standards. Councilwanan Jorgenson stated it is her understanding the Council could not enforce stricter standards wher. the special use pe�t is reviewed. Ms. Herrick stated he didn't ]�aa what a review of the specia] use permit would accomplish. He stated if someone is zn violation oi the noise standards that is sanething that can be enforced. Councilwoman Jorgenson stated she cannot recall a special use permit approved by Council where they did not request a review after z certain period of time. Councilman Fitz�trick stated such a stipulztion is not unusual. � Mr. Hernck statecl Menards' concern is once they canplete the construction, their hours of operation may be reduced. He felt there may be a legal problen if the City tried to enforce shorter hours on Menards than they do for other caiunercial establisl�unents in the City. Council�ran Schneider stated the City does impose hours of operation on businesses adjacent to residential neighborhoods, D4r. Herrick stated if Menards felt the hours of operation imposed were too restrictive, they probably wouldn't proceed with the planned construction, He statecl if they are in violation of the h�urs of operztion that are set either by ordinance or by the special use �i�mit, the City can enf orce it. He stated if the Council has a concern about the construction, a review would be done before the occupancy pesmit is granted. Councilman Billings stated Menards im tially requested a cariance to construct a fence and the Caiunission wanted the fence to be a sound barrier as well. He stated Menards then came up with the storage area and it is his feeling this isn't N�nards' first choice. Councilm3n Billings felt, in his mind, it was a compranise and when the snb�ect of a reivew was discussed, there was no way Mr. Prochaska would subject NSenards to it. He stated Mr. Prochaska was reluctant to be restricted in any c�y and he felt if there is a reviEw, he may be restricted further. Councilman Billings stated Mr. Prochaska felt they were acting in good faith in constructing the storage yard in an attanpt to reduce the noise levels, � Mr. Hill, Acting City Manager, stated the noise orclinance does not refer to hours of operation for businesses and only refers to hours of o�ration for -7- ' 4. FRIDLEY CITY OOiINCIL N�PIIVG OF JULY 25, 1988 �.�+}�38 outdoor power unplenents such as lawn mowers, hedge clippers, etc., the typical ty�e of things a hcmeaaner might use. UPON A ROLL CALL VOTE TAItEN ON THE ABOVE AA�NDED MOTION, Councilman Schneider, Councilwcman Jorgenson and Councilman Fitzpatricic voted in favor of the motion. Mayor Nee and Councilman Bill�ngs voted agaist the motion. Nl3yor Nee declared the motion carried by a 3 to 2 vote. UR'JN A VOICE VO`PE TAY�N ON THE MAIN MOTION, all voted aye, and Mayor DSee declarecl the motion carried unanunously. Councilman Billings asked that staff send a letter to Menards indicating the variances and special use pezmit have been apprwed and to make snre it is pointed out what a review can or cannot zccomplish. He felt Menards is unc7er the impression a review would give the �uncil an opportunity to add new stipulations at the time of the reviev. ORDIlVANCE NO. 914 APPE20VING THE AMENDMENT OF THE FRIDLEY CITY CHARTER, SEGTION 5.09 (INITIATION QF Q3At2PN,'R AME[QDMENPS) : NDTION by Councilman Schneider to waive trie reading and adopt Orcltnance No. 914 on the second reading and order publication. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Ph�yor Pdee declared the motion carried unarumously. � 5. CONSIDERZaT �iTiVCIL ML'. IN BLOCR 5 FA�'FRLY A EAST OF AN BEPWEEN 61 AVEN[JE. BY 6. ►Y �l•.i�i+1�i r��`�. MAY 2 AND D7AY 16 TO VACATE THE 12 �TH LINE OP LOT 2 K 5, HYDE PARK, GENERA BL•'IWEEN 3RD STREET AND 1988 CITY FOOT ALLEY f•�iififrl•i�Cl7 Mr, Hill, Acting City P�nager, stated the captions in the minutes of May 2 and May 16, 1988, are to be changed to reflect the entire alley being vacated rather than 7ust the westerly one-half. NIYI'ION by Councilman Billings to amend thc titles or captions in the May 2 and May 16, 1988, minutes to reflect the vacation of the entire a11ey rather than �ust the westerly one-half. Seconded by Councilsan Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanunously, OF A SPECIAL USE PERNIIT, SP #8$-02, TO ALLOW A BILLIARD, AN ARCP.DE NACK BP.R, ON L�CYPS 4, 5 AND 6, BI/JCK 1, PACO IlVDi7STRIAL PARK, TI� SAmF'. 178 UNIVERSITY AVENUE N.E., BY GREG ASPROTH [TABLED 7/11/8$): Mr. Robertson, Community DeveloFxnent ➢irector, stated this special use permit was to be reviewed by the Council on June 20, 1988 and staff has � found the petitioner is in ccenpliance with a11 the stipulations. He stated the petrtioner, Mr. Asproth, is requesting a change in some of the stipulations wlv_ch he has outlined in a letter to the City dated July 1, � F12IDLEY CITY CY7[JNCIL MEE,TING OF JULY 25, 1988 �D��33 � 1988. Mr. Asproth, the petitioner, stated he would like to add more vzdeo g3lIles as he has the s�ce at his establistmzent. He scated at this time he is 1 united to three video games. Mr. Asproth stated he is also requestin� that the stipulation to lzmit seating to 20 seats in the lounge area be elucunated. He stated he wished to add a large screen television for vie.aing sporting events. He statecl the maximiun rnunber of seats they could accacmiodate woulcl be 50 to 60. Mr. Hill, Acting City Manager, asked if a large screen television was installed, would they intend to seek sane type of liquor license. Nir. Asproth stated he has no intentions of adcling liauor. He stated it is stipulated in his lease there would be no alcohol in the builcltng, Mr. Asproth stated in regard to the hours of operation, people are w�rking second and third shift jobs in the area and they patronize other establiskmients because their business is closed, He stated he would like to be unlu�uted as far as their hours and stay cpen 24 hours, if they have the business, He felt the reason the Council did not approve this when the special use permit was issued was because there may be problc3ns. He stated he wouldn't deny sanething may happen, but not any more so than any other � business establiskunent. He stated his business has not been a"hang-out" for kids. Mr. Asproth stated they run a"tight ship" and police their parking lot to keep a minimian risk for eveYyone. He felt the extended hours would help their business. I�yor DTee asked if the hours of operation could be loosened on a contingent }.�sis. Mr. Herrick, City Attorney, stated this could be done as long as the period of time was indicated and, at that time, would be reviewed to deternune if there are �cessive problens. Mr. Asproth stated he would like to run a league and the Council was concerned with the �rking if leagues or touxnaments were xun during regular weekday business hours. He statecl the lea�ues would create more business, havever, he probably would not run any tournaments. He felt with a leagve, there would not be more than 10 or 15 cars. NiYPION by Councilm�n Billings to amend the stipulations for special use peimit, SP #88-02 by eliminating Stipu].ations Dio. 1, 2, 3 and 8 and amencling Stipulation No. 11 to read as follows: Specicl use permit to be revie�aed by Council at the second meeting in Sune, 1989 or sooner if the City determines there is a management problem which requires further restrictions or r�wal. Seconded by Councilman Fitzpatrick. Mr. Hill stated the petitioner has fulfilled all the cbligations as far as the Eblice De�rtment is concerned. He stated if there is a loosening of � the restrictions and there is a problan, he woulcl like the avenues to renain open for reviev. ''� � 7. 0 , ����•z Q FRIDLEY CITY CC7[JNCII, ME�PING OF JULY 25. 1988 Councilman Billings felt Stipulation No. 11 prwides for this review. UR�N A VOIC� VOTE TAI�T ON `iHE ABWE NDTION, all voted aye, and Mayor Nee declared the motion carried unanunously. NEW BUSINESS• CI�NSIDERATION OF RECEIVIl� AND AWARDING BIDS FOR WA�UTER HARDWARE, SOF'IWARR AND SEC{VICES: Mr. Nill, Acting City Manager, statecl due to sane new develognents, stafi is requesting thi� itan be tabled. MYPION by Councilman Schneider to table this it�n. Seconded Yry Councilwanan Sorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. RESOLUTION N0. 57-1988 AUTHORIZING AND DIFtEGTING THE SPLITTING OF SPECIAL ASSESSMENTS ON AIIDITOR'S SUBDIVISION #88. PARCELS 200, 1840, 2000 AND 1500, AND REGISPERED L�AND S[IFZVEY #1D0. TRACP B: Mr. Pr�byl, Finance Director, stated this item was before the Council on July 20, 1987, and irnrolves the property of the new plat of Shor�vaood Pl�za, P.S. #87-06. He stated the divisions and replatting have been recorded at Anoka County and this resolution will comply with legal requirements regarding the splitting of special asses �zents on these properties, M7PION by Councilman Schneider to adopt Resolution No. 57-1988. Seconded by Councilwoman Joraenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanunously. 9. RESOLUTION N0. 58-1988 TO Q�RRECP ERROR AND TO RESCIND VTEED Q-IARGE CERTIFIED ON PIN NO. 25-30-24-42-0012, AND TO RECEItTIFY THIS WEED CHARGE ON PIN NO. 25-3D-24-22-0012 FOR Tf� SEQ�ND HALF OF 1988 TAX SPATENIENP: NfJTION by Council�n Billings to adopt Resolution No. 5f3-1988. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayar Nee declared the motion carried unanimously. 10. 11. 4___J ND ADDITION. LOTS 3 AND 4. BLOCK 1. (PIN NOS. I�DTION by Councilm�n Schneider to adopt Resolution No. 59-198f3. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanunously. [1�D IY�]:iiY717i1�1e1:iL•1 f.ii Mr. Aldrich, Fire Chief, stated this is the E'irefighters Labor i�greanent for -10- � � ' 12. ����"�1 P'RIDLEY CITY WUNCIL MEETING OF JULY 25. 1988 1988. He stateu' it follonis along the line of the ad�ustments n�ade for most of the city by provic�.ng a 3-1/2% pay increase Qaer the 1�`87 rates. Mr. Aldrich stated he and Mr. Hunt, Assistant to the City Manager, felt it was a fair settlanent for the City. NYYI'ION by Councilman Schneider to adopt Resolution No. 6D-1988 and authorize the blayor and City Manager to enter into the l�hor agreement with the firefighters for 1988. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, M3yor Nee declared thE r�tion carried unanunously. 1. C)1-17t5i5 VlfllPiKllVli 11�lYtiUVJ AND ESTIMATES OF COSTS THEREOF: N0. ST, 1988-4: ]ET IMPROVEMENT PROJECT NYYPION by Councilman Fitz�trick to adopt Resolution No. 61-1988. Seconcied by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declarecl the motion carried Unanimously. 13. RESOLUTION NO. 62-1988 ORDERING IMPROV�M�NT AN➢ APPROVAL OF PLANS AND ORDERING ADVERTISII�fI' FOR BIDS: b'PREET IMPROVII�TPP PRCUECP NO. ST. 1988-4: NY7PION by Councilman Fitz�trick to adopt Resclution No. 62-1988. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanunously. 14. REVIEW OF N%)ON PLAZA'S CODIPRE[IELVSIVE SIGN PLAN VIOLATION BY KIM OLSON OF NORTH SPAR VIDEO, 6213 i1NIVEF25ITY AVEN[TE N.E.: Mr. Robertson, Cacmtumty Develognent Director, stated that PCir. Olson was granted a varianee on Dec:anber 17, 1984, to allaa a sicJm that clid not ecsnply with the sign plan for Noon Plaza with a stipulation that the sign be brought into canpliance with the code by June 1, 1987. He stated staff has tried worl� ng with Mr. Olson to have him replace his sign with one that canplies since the expiration of his variance. In January of 19i38, and, as of today, the sign is still in place. Mr. Robertson stated staff's recac¢nendation is for the City to seek legal action for canpliance with the code. Mr. Olson stated he has tried tallcing to ali the Council menbers, but no one listens, He stated he wants to install a siqn that meets the canprehensive sign plan, but the pr�lan is he doesn't h�ve the money to do it. Ne stated he has made a proposal to establish an escraa account and a year frcan today, he would install the sian. Mr. Olson stated he made this proposal to Councilman Billings and his response was the Council didn't believe it was a good idea. He stated you can arrest him or put him in �ail, but he still doesn't have the money to install the sign. Nl�yor Nee asked if the City removed the siqn and assessed the cost, who would be assessed. Mr. Herrick, City Attorney, stated the avner of the builcling would be assessed. -11- i}���`�', ; �. �� a�. � �i� � . • i a .. ' Mr. Nerrick suggested if any action is to be taken, an arder be obtained fran the Court ch recting the sign be renoved and that the cost be assessed. He stated there are possibly scme alternatives. Mr. Herrick stated he has no idea if the anmer c�E the building would be willing to finance the wst of the new sign and add it to Nh. Olson's rent or �nother alternative would be to finance the sign through the local banks. Mr. Olson stated he didn't feel his sign was such a big dea7 wher. there are n�erous wersized signs in the City such as Viking Chevrolet and Best Western P�btel. Councilman Schneider stated variances were app7ied for and yranted for these signs. NkZyor Nee statecl he thinks it is unfair that the City enforced the Sign Ordinance on other tenants and Mr. Olson hasn't complied. He statec the City's concern is to have it r�noved. He stated if Mr. Olson agrees, the City can rFSncnre it, but was not sure if it would be assessed. Mr. Olson stated he has a letter of written permission from the building avner that he can have this sign. Councilman Schneider stated there is a subscquent letter fr�m the builc�ing aaner to the tenants incU.cating they have te comply with the Sign Ordinance. � Councilman Billings stated Mr. Olson contacted hun the week of June 20. He stated he met with I�. Olson and he presentecl the option of- setting �sicle $25/week or $100/manth for ranoval and replacement of the siqn. He stated it would take another year to get this problact resolved as the cost for this work would be about $1,000. He stated in discussions with other Council macd�rs, he believecl there was not strong support for tlus option. Councilm�n Billings felt Mr. 01son was given additional time to bring the sign into ccmpliance and ch scussions have �een taking place the last six months and questions whether something will occur in the next year. He stated his position is if Mr. Olson was settzng aside $100/month for the last several years, he would have more than enough to replace the sign. He stated if he could not afford to set these funds aside in the last several years, he didn't believe the situation would change. Councilman Billings stated he would encourage Mr. Olson to contact the bank or finance company in order to take care of tlu s prd�lan. NDTION by Councilman Billings to direct staff to take whatevc-r action is appropriate to enforce the Sign Ordinance including ticketing or court. Seconded by Cpuncilman Schneider. Councilman Schneider asked Mr. Olson if the City removed the sign without cost to Yum, if this would be acceptable. Mr. Olson statecl he would have to give it sane thought. � Mayor Nee stated to Mr. Olson if he would like to get rid of the legal problan, the City could �ust take the sign daan. -12- � � � 15. FRIDLEY CITY �[TNCIL, N�EPING OF JULY 25, 1988 �?+t,'" �Y,.� UA�N A VOIC� Vc7PE ON 7IIE ABWE MYPION, all voted aye, and Maycr Nee decllred the motion carried unanimously. Mayor Nee statec� the Fapers can be served, but if Mr. Olson wants to solve the problen by having the sign ranwed, he would he willing for the City to bear the cost as he felt the City would be further ahead rather than going to court. Mr. R.obertson stated as he understands, until such tune as the court orders it, Mr. Olson may request the City to rer.rnre the sign. Councilman Schneider asked hav soon Mr. Olson would be served. Mr. Herrick stated it is usually a week to ten days and 30 to 60 days bef ore the case would go to court, Q3ANGE ORDER #2 FOR DAILEY CONSTRUCTION, INC. �� Mr. Aldrich, Fire Chief, stated a consiclerable amount of soil had to be renoved fran this site and material hauled in for can�etion. He statecl in prel�nary soil boring tests, staff did not feel such an extensive amount of soil correction would be necessazy. Mr. Aldrich stateu he and Mark Burch, Assistant Public Works Director, feel the site is far more superior nav and the City would not have to worry about a breakdown of the parking lot. Co�mcilman Schneider asked if funds for soii correction were added when the project was bid. Mr. Aldrich stated that was at the tune the original contract was let. He stated the doctunent sent out to the bidders was based on uril�,am quantities and quality of the soil. He stated what was really on the site was a dump. Mr. Aldrich stated the prcrject is still within the budget of $202,OD0. NZYPION by Councilman Schneider to apprwe Change Order No. 2 with Dailey Cbnstruction in the amount of $15,530.98 for a revised total contract of $187,735.98. Seconded by Councilwanan Jorgenson, Upon a voice vote, all voting aye, Mayor Nee declared the motion carried nnan,mously. 16. c3�A2M5- ARYI'ION by Council�n Fitz�trick to authorize payment of Claim Nos. 21432 through 21673. Seconded by Councilrran Schneiu�er. Upon a voice vcte, all voting aye, Nk3yor Nee declared the motion carried imanunously. 17. LICENSES: NDTION by Councilman Fitz�trick to approve the licenses as sul�nitted and as on file in the License C7erk's OEfice. Seconded by Councilman Schneicler. Ms. Neeshia Castrodale, representing Rocky P.ocaco's, statec� they will be serving 3.2 beer and wine coolers at their new restaurant. She stated she -13- � � � FRIDLEY QTY �DNCII, MEEP7NG OF JULY 25, 1988 a��� �`� didn't ]a�a,n� the age in Fridley for cons�tion, but in I�aplewoocl it is 19. Councilwcman Sorgenson stated the age has been changed to 21. Mr. Eerrick, City Attorney, stated 21 is the age for conslsnpticm, but c7�dn't knaa if the age for sezving liquor has changed frcan 18 to 21 and felt this should be revie,aed. Ms. Castrodale stated Rocky Rococo's is scheduled to open the first week_ in August. UR�N A VOICE VdPE TIaI�I ON `PI-IE ABOVE NDTION, all voted aye, and Mayor Nee declared the motion carried unanunously, 18. ESTIMATES: 19 Mr. Flora, Pub11c Works Director, requested trie estimate for J& D Cor.struction in the amount of $1,296.75 be deleted. NYYPION by Councilman Schneicler to apprwe the estunate as follocvs: E. A. Hickok & Associates 545 Indian Mound Wayzata, MN 55391 MLOre Lake Restoration Project Partial Est�mate . . . . . . . . . . . . . . . . . . . . . $305.02 Seconded by Councilwanan Sorgenson. Upon a voice vcte, all voting aye, I�yor Nee declarecl the motion carried unanimously. Q�NSIDERATION OF SIGNI�GE AT SATELLITE FIRE STATION: Mr. Aldrich, Fire Chief, stated this sign was prepared by the Planning Department as �rt of the landscap�ng pl-vn. He stated when the City decided to proreed with the Satellite Fire Station, some items such as curbing, blacktopping, and landscaping were deleted from tl-,e contract as it was felt staff could do same of this work. He stated the estimated cost for landscaping was $15,QOQ and $5,�00 for irrigation if these items were bid. He stated it was felt the City could obtain better prices and, with the Planning Dep3rtrnent's pre�ration of the landscaping plzn, costs are about $7,700 for landscaping and $2,100 for irriqation. Mr. Aldrich stated he does not have any strong feelings one way or another on the signage, but the Planning Department felt the proposed sign is in keeping with the character of the fire station. He stated the sien would be constructed of the same materials as the fire station. Councilnr�n Schneider stated his concern is meeting the setbacks and askecz the size of the sign. Mr. Aldrich stated it is about a six f oot square sign and indicated on a -14- � � � €���,� FRIDLEY CITY �i7NCIL I�EPIIVG OF JULY 25. 1988 sketch where it is proposed to be located. FIe stated if the sign is to be installed and lighted, the conduit should be installed befcre the parking lot is surfaced. Councilman Schneider suggested bronze lettering on the building in keeping with the residential character of the neighborhood. He felt if a Free standing sign is constructed, it probably should contain the City's logo, as he felt people should }maN it is a City facility. N�yor Nee stated the City would want to make sure all visual lines are clear, if a sign is close to the exit. He stated he didn't see a problem with Councilman Schneicler's suggestion for lettering on the building. Mr. Hill, Acting City Manager, felt a backlit iaentification on the building may serve the p�pose. He stated the building is urmianned and people should not be going in there for energency purposes. Mr. Pldrich statE�cl there are a rnmiber of aptions. He statecl thls proposed signage was submitted to hun for wluch he cbtained quotes. Councilman Schneider asked about the red lights on the builcling. Mr. Aldrich stated these are a cca�mlon warning clevices for a fire station. Councilwanan Jorgenson asked if a sign would be on the rc�dway indicating a fire truck crossing as a warning to motorists. Mr. Aldrich st�ted the Highway De�artrnent has a standard sign for this pui-pose. NTYPION by Councilman Schneider to authorize the installation of conduit to a legal sign location for a potential future sign for the Satellite Fire Station. Seconded by Councilwat�n Jorcrenson. Upori a voice vote, atl voting aye, Mayor Nee declared the motion carried unanunously. Councilman Schneider statecl he would like to see haa a si�m on the building would fit in and the cost for such a sign. Councilwanan Jorgenson asked if an open house woulcl be held to which Mr. Aldrich answered in the affinc�ative. �� • • i i� MOTION by Councilman Schneider to ad�ourn the meeting. Seconded by Councilwoman Jorgenson. IIpon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the Regul�r Meeting of the Fridley City Cc�uncil of Suly 25, 1988, adjourned at 10:26 p.m. Respectfully submitted, ��` ���-� Carole Haddad Secretasy ta the City Council -15- � � `, � , ���� wil l iam� Mayor