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10/01/1990 - 0000655600-- THE MINUTEB OF THE REGIILAR MEETING OF THE FRIDLE7C CITY COUNCIL OF � OCTOBER 1, 199D The Regular Meeting of the Fridley City Council was called to order at 7:40 p.m. by Mayor Nee. PLEDGE OF ALLEGIANCE: Mayor Nee led the Council and audience in the Pledge of Allegiance to the Flag. ROLL CALL• MEMBERS PRESENT: Mayor Nee, Councilman Billings, Councilman Fitzpatrick, Councilman Schneider and Councilwoman Jorgenson MEMBERS ABSENT: None PRESENTATION OF PROCLAMATION: PHYSICIAN ASSISTANT DAY - OCTOBER 6, 1990: Mayor Nee issued a proclamation proclaiming October 6, 1990 as Physician Assistant Day in the City of Fridley in recognition of the services performed by physician assistants. � APPROVAL OF MINUTES: COUNCIL MEETING, SEPTEMBER 17. 1990: MOTION by Councilman Billings to approve the minutes as presented. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. ADOPTION OF AGENDA: MOTION by Councilman Fitzpatrick to adopt the agenda as submitted, except to consider Item 7 after Item 4. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. OPEN FORUM. VISITORS: SHARED RIDE TAXI SERVICE: Mr. Elwyn Tinklenberg, representing Anoka County, stated that he appreciated this opportunity to address the Council regarding a transit program. He stated that Anoka County was involved in a transit needs study and, as part of this idea, new services were proposed in the County that exist north of Osborne Road. He stated LJ QVi FRIDLEY CITY COUNCIL MSSTZNQ OF OCTaHER 1 199� PAGE 2 � that this service operated as a weekend fixed route that did not grovide the neefl as intended nor did it attract the ridership. Mr. Tinklenberg stated that one of the alternatives proposed was a dial-a-ride for persons to call for a van to take them where they want to go in Anoka County. He stated that this service was implemented in August, primarily north of Osborne Road. He stated that there was a concern expressed that this did not service the southern portion of the County and the cities of Hilltop, Columbia Heights, and Fridley. Mr. Tinklenberg stated that concern was expressed by Councilman Billings and Commissioners Kordiak and McCarron. Mr. Tinklenberg stated that the County reviewed ways of expanding the service and has a temporary proposal to implement service as soon as possible. He stated that what is proposed is an expansion of the service that exists in Columbia Heights that is a shared ride taxi service. He stated that the program would be expanded into Fridley and provide door-to-door service for persons calling the Anoka County Traveler phone number. He stated that people would be picked up and taken to any areas in xilltop, Columbia Heights or Fridley. He stated that if they wanted to travel in other areas of the County, they would be taken to a transfer site where the County's traveler van would take them to other ' destinations in the County. Mr. Tinklenberg stated that one of the transfer coordination points is Northtown. He stated that it is hoped this plan could be implemented as quickly as possible and be available by December 1, 1990. Mr. Tinklenberg stated that it is hoped the details on this proposal could be worked out with staff and persons responsible in Hilltop, Columbia Heights, and Fridley. He stated that the plan would then be submitted for the Council's consideration. Mr. Tinklenberg stated that dial-a-ride is currently going through an eighteen-month demonstration period and will be reviewed in twelve months to determine how the program is working. He stated that if they continue this service, it would be available in all areas of the County. He stated that the fee for the ride would be $1.00 for a one-way trip, if a person called in advance, otherwise the fee would be $1.50. Councilman Billings stated that he understands the $1.00 fee would be borne by the rider and asked what expenses would be borne by the City. Mr. Tinklenberg stated that the only expense to the City would be involvement by City staff in regard to the marketing and coordination of the service. He stated that there would not be any � direct costs. 003 FRIDLEY CITY COUNCIL MEETING OF OCTOBER 1, 1990 PAGE 3 � Councilman Billings asked what the response was to the Anoka County Traveler since this service was initiated in August. Mr. Tinklenberg stated that the response has been somewhat overwhelming. He stated that they have had to add additional vehicles and revise some of the scheduling operations in order to respond to the large numher of calls. He stated that they have approximately two hundred standing orders each day. Councilman Billings asked if cities in Anoka County were continuing to operate their local vehicles to transport senior citizens for the lunch programs and questioned this current proposal's impact. Mr. Tinklenberg sta�ed that the communities that have existinq van service are still operating this service. He stated it is intended that the Anoka County Traveler provide a phase-in service over a period of time. He stated that he did not think this proposed plan would impact the existing transportation of the senior citizens. He stated that service is funded and provided through some of the community organizations and that it would be totally up to the Council if they wanted to continue this operation. He stated it is not the intent that the Traveler displace this service. Councilman Billings stated that it seems the Anoka County Traveler � has been very successful in the first several months of operation and asked Mr. Tinklenberg about the funding. Mr. Tinklenberg stated that he believed funding would continue as it currently exists, but perhaps in a different ratio. He stated that he felt funding would be provided by the Regional Transit Board and the County. Councilman Billings stated that the reason he became actively involved and contacted Commissioners Kordiak and McCarron was because he felt very slighted that the three cities in Anoka County that have the largest populations per square mile were excluded from this service. He stated that Mr. Tinklenberg's proposal is in reaction to the concerns of Commissioners Kordiak and McCarron. He stated that this is really not what he would like for Fridley and felt the entire County should have been treated equally. He asked Mr. Tinklenberg what type of service he envisioned. Mr. Tinklenberg stated that they are proposing a central phone number for scheduling and dispatching. He stated that this is a transit service, not a taxi service, which means that if people are scheduling their rides they need to build in some flexibility in that the vehicle may be picking up other people. He stated that he felt if there was one dispatcher, and if the vehicles are connected by radio, the transfers could be made as efficiently as � those provided by the MTC system. oo� FRIDLEY CITY COUNCIL MEETINQ OF OCTOBER 1. 1990 PAGE 4 � Councilman Schneider asked why Fridley did not qualify for the Anoka County Traveler service. Mr. Tinklenberg stated that the reason for this proposal is because this service could be placed into operation quickly and could be expanded with Morley and shared ride taxi service without going out for bids, He stated that, in terms of the cost, certain funds were allocated for this project, and if the Traveler service was expanded into this area, there would be a significant increase in the cost and displacement of an existing service in Columbia Heights where it is woxking very well. Councilwoman Jorgenson stated that Columbia Heights' shared ride service does not have the same hours as the County program. Mr. Tinklenberg stated the proposal is that the service hours would be expanded for the Anoka County Traveler program so that the service hours are the same as the other areas of the County. Councilwoman Jorgenson asked if there were any transfer points between Anoka County and Hennepin County. Mr. Tinklenberg stated that the only transfer points would be between the Anoka County Traveler and the MTC service. He stated � that he believed some of the volunteer ride programs and Metro Mobility provide service to other counties. He stated that the Traveler strictly provides service within Anoka County. Mayor Nee asked Mr. Tinklenberg what action was needed on the Council's part regarding this proposal. Mr. Tinklenberg stated that he would like a letter from the Council to the Anoka County Board indicating that they support this expansion concept. He stated that there are a number of details to be worked out, and a staff person would need to be available to coordinate and market plans. Councilman Schneider felt that this proposal would provide a significant service to the residents of Fridley. He stated that he was not happy Fridley was not included in the original plan. Mayor Nee asked if any of the Councilmembers felt that they did not want to support this proposal. Councilwoman Jorgenson stated that she would support the program, but she would like to see it continued into other counties. Mayor Nee felt that there would be a lot of residents who would be delighted to have transportation to Northtown for shopping. � Councilman Billings stated that he felt the County Board was well aware of the fact that the City did not think they were being � � � ao� FRIDLEY CITY COUNCIL ME8TING OF OCTOBER 1, 1990 PAGE 5 treated equally with the rest of the County. He felt that a letter could probably be written regarding the fact that the City was not pleased with being eliminated from the program when it began. Councilman Fitzpatrick questioned what commitment a letter of support would involve. Mr. Tinklenberg stated that a letter in support of this proposal would allow the County to work with City staff to put the finishing touches on the program. He stated that the proposal would be submitted to the Anoka County Transit Advisory Committee and County Board because there are some additional funds that would have to be made available for marketing. He stated that there are no direct costs to the City of Fridley. He stated that a letter of support would only commit the City to the interim proposal. Councilwoman Jorgenson asked Mr. Burns if there is staff available to handle the marketing or if additional personnel would be necessary. Mr. Burns, City Manager stated that, at this point, he did not know what would be involved by staff in the marketing. He stated that Jim Froehle has been the liaison for these kinds of services, and he would imagine that Jim would fill this role. He stated that, obviously, there would be additional costs for staff time. Mr. Tinklenberg stated that there is a marketing committee that works with a marketing firm to assemble the material, and it would be simply a matter of coordinating and determining how the marketing might be done in the City. He stated that he did not think it would involve a large amount of time. Councilwoman Jorgenson questioned whether or not there may be confusion in this proposed service versus the local transportation that transports senior citizens to their congregate dining. Mr. Burns stated that he cannot guarantee there would not be a problem or some confusion, but felt with an informational program at the Senior Citizen Center, this could be handled. Councilman additional provided. Fitzpatrick stated that he would not like to see this service weaken the service that is currently being Mayor Nee advised Mr. Tinklenberg that the Council would discuss this issue later in the meeting and appreciated his presentation. ao� FRIDLEY CITY COUNCIL MEETINa OF OCTOSER 1, 1990 PAGE 6 � OLD BUSINESS• 1. VARIANCE. VAR #90-18, BY WINFIELD DEVELOPMENTS. INC.. TO INCREASE THE MAXIMUM SOUARE FOOTAGE OF A FREE-STANDING SIGN FROM 80 Sf,2UARE FEET TO 104 59UARE FEET: TO ALLOW A SECOND FREE-STANDING SIGN ALONG THE SAME STREET FRONTAGE; TO ALLOW AN EXISTING 24 SOUARE FOOT FREE-STANDING SIGN TO REMAIN ON Lt7T 4, EXCEPT THE NORTHERLY 35 FEET. LOTS 5 AND 6, BLOCK 1, PACO INDUSTRIAL PARK, THE SAME BEING 7110-7190 UNIVERSITY AVENUE N.E. (TABLED 9/10/901: Ms. Dacy, Planning Coordinator, stated that this is a request for two variances. She stated that one variance is for two signs, rather than one sign as permitted by the Code, and the other varianae involves increasing the square footage of a sign from 80 to 104 square feet. Ms. Daoy stated that the Council approved a setback variance to locate the existing monument sign six feet from the property line and a permit for the sign was issued on September 30, 1987. She stated that the area of the sign copy is approximately 24 square feet. Ms. Dacy stated that in the fall of 1989, the property manager for Winfield Realty, Cynthia Cronin, contacted the Planning Office regarding requizements for installing an 8D square foot 1 pylon sign. She stated that Ms. Cronin was advised in a phone conversation on September 11, 1989 that the existing sign approved in 1987 would have to be removed since the maximum allowable square footage would be exoeeded and that two signs would exist per street frontage. Ms. Dacy stated that on September 18, 1989, the sign contractor was advised that the existing sign would have to be removed, unfortunately, and that the stipulation to remove the sign was not written on the sign permit for the 80 square foot sign. Ms. Dacy stated that since the permit issuance, staff has contacted Winfield Realty on several occasions to either remove the existing monument sign or remave the verbiage from the monument sign in order to comply with the Sign Ordinance. She stated that Winfield Realty has decided to apply for a variance to retain both signs. Ms. Dacy stated that staff and the Appeals Commission recommend denial of the variance. Ms. Cronin, representing Winfield Realty, stated that this variance is kind of after the fact as there are two signs which have been there for a while. She stated that the monument sign is about four feet high. She stated that in the summer it is used as a planter, and it is not seen in the winter due to the snow. She stated that � if they cannot keep the monument sign, they would at least like to keep the red "W". She stated that they would like to retain the � � co�r FRIDLEY CITY COIINCIL MEETING OF OCTOBER 1. 1990 PAGE 7 pylon sign and the Rice Creek Business Center lettering on the monument sign, if possible. Councilman Schneider asked if City staff advised her that the sign was acceptable or if the pylon sign was installed, the monument sign would have to be removed. Ms. Cronin stated that she was aware of this requirement; however, there was about a seven-month period between the installation of the signs and everyone kind of forgot about it. She felt that when they had to deal with it, they would. Councilwoman Jorgenson stated that Ms. Cronin was advised when they received approval for the pylon sign that the monument sign had to be removed. She felt that this should have been done to preserve the integrity of the Sign Ordinance. Councilman Billings stated that there seems to be attention called to the fact that at the time the permit was taken out for the pylon sign, Ms. Cronin was told she exceeded the 80 square foot total and the other sign would have to be removed. He asked, at that time, if the pylon sign was on order. Ms. Cronin stated that they did not order the sign until they received the permit. Mr. Greg Asproth, owner of University Billiards, stated that the sign does not promote any single business, but promotes the center. He stated that he realizes it was not properly done, but tearing off the lettering and leaving the sign blank would not make it attractive. He felt that if the lettering was removed, it would be more noticeable. Ms. Dacy stated that if they want to remove the lettering on the monument sign and leave the bricks, it could be a decorative planter. She stated that if the red "W" is left, the question remains if it is still a sign. Councilman Schneider stated that there is no requirement that the monument sign has to remain, and it could be removed. Mr. Steve Commers, owner of Commers Printing, stated that they have wanted the siqnage improved and came up with the pylon sign. He stated that in trying to improve the signage things got confused, and they ended up with several different styles. He felt that the monument sign was not that visible from the beginning. Councilman Billings stated that several years ago there was discussion by the Council of establishing a policy of working with ' developers of multiple occupancy projeots to install brick monument type signage that announces the presence of a particular industrial park. He asked how this particular sign would relate. d4� FRIDLEY CITY COIINCIL MEETING OF OCTOBER l. 1990 PAGE 8 � Mr. Robertson, Community Development Director, stated that this was part of the overall scheme of urban design standards. He stated that it was envisioned there would be a monument sign designating an entire complex and involved such developments as the North University Industrial Park and the East River Road complex; however, this particular sign was not envisioned to be part of these standards. MOTION by Councilman Billings to grant Variance Request, VAR #90-18, with the following stipulation: (1) that all the letters and writing, other than the "W" for Winfield, be removed on the 24 square foot monument sign. Seconded by Councilman Fitzpatrick. Councilwoman Jorgenson questioned if other businesses would be allowed to do the same. Councilman Billings stated that they would have to apply for a variance if they exceed the 80 square feet. He stated that he is sure this is not the only building in Fridley that has a sign larger than 80 square feet. Councilwoman Jorgenson stated that she has a problem when they were told that the monument sign had to be removed and felt there may be others who may install a monument sign and then apply for a ' varianoe. Ms. Cronin stated that she was under the impression that the 80 square foot sign was approved. She stated that when it came to issuing the permit that is when they realized they could not keep the monument sign. She stated that she had full intentions of applying for a sign variance, but she felt there was miscommunication on both sides. Mayor Nee stated that the monument sign really does not end up as a sign with the lettering removed. UPON A VOICE VOTE TAKEN ON THE ABOVE MOTION, Councilman Billings, Councilman Fitzpatrick, Councilman Schneider and Mayor 23ee voted in favor of the motion. Councilwoman Jorgenson voted against the motion. Mayor Nee declared the motion carried by a 4 to 1 vote. 2. ORDINANCE NO. 956 RECODIFYING THE FRIDLEY CITY C�DE CHAPTER 606. ENTITLED "INTOXICATING LIOUOR--CONGRESSIONALLY CHARTERED VETERANS' ORGANIZATION". BY RENAMING THE CHAPTER "INTOXICATING LIOUORS--ON-SALE CLUBS" AND BY AMENDING SECTION 606.01, 606.03, 606.06, 606.10.07 AND AMENDING CHAPTER 11, "GENERAL PROVISIONS AND FEES": MOTION by Councilman Billings to waive the second reading of � Ordinance No. 956 and adopt it on second reading and order publication. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 00� FRIDLEY CITY COIINCIL MEBTINQ OF OCTOBER 1. 1990 PAGE 9 ' 3. FIRST READING OF AN ORDINANCE TO REPEAL IN ITS ENTIRETY CHAPTER 605 OF THE CITY CODE OF THE CITY OF FRIDLEY, MINNESOTA. ENTITLED "INTOXICATING LIQUOR--CLUBS", AND TO ESTABLISH A NEW CHAPTER 605 ENTITLED "INTOXICATING LIOUOR-- BOTTLE CLUB PERMIT" AND AMENDING CHAPTER 11. "GENERAL PROVISIONS & FEES" fTABLED 9/17/901: Mr. Hill, Public Safety Director, stated that he and the City Attorney have reviewed Chapter 605 and found it would be advisable to repeal this chapter and establish a new chapter. He stated that there is considerable confusion, not only in Fridley, but the State in general, as to exactly what a bottle club permit is versus an intoxicating liquor club permit. He stated that the ordinance is rewritten in language similar to what is permitted by the State, but will provide more stringent regulations and uniform regulations with other applicable City ordinances. Mr. Hill stated that a bottle club permit would be issued by the State, but the City could have more stringent regulations, charge fees over what the State is charging, and all local regulations would apply to the bottle club such as hours of sale, conditions for the permit, etc. Mr. Hill stated that there was a question raised at the last � meeting if it would be possible to issue a hottle club permit to a fast food establishment. He stated that in researching this question, this has been the case for several years throughout the State. He stated that this ordinance is more restrictive than the State statute in that it removes restaurants, hotels, and resorts and only if they already had an intoxicating liquor license, could they apply for a bottle club permit. Councilman Billings asked if all three of the requirements under Section 605.03 had to he met in order for a permit to be issued. Mr. Hill stated that No. 1 would be applicable and either No. 2 or No. 3. MOTION by Councilman Billings to waive the reading and approve the ordinance on first reading. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 4. APPOINTMENT TO THE APPEALS COMMISSION: MOTION by Councilman Billings to table this item. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. ' o�o FRIDLEY CITY COUNCIL MEETING OF OCTOSER 1 1990 PAGE 10 � NEW BUSINESS: 7. APPROVAL OF AMENDMENT TO THE COMPREHENSIVE SIGN PLAN FOR OLD COUNTRY BUFFET IN HOLLY CENTER: Mr. Robertson, Community Development Director, stated that he has been working with Mr. Jerry Wenck and Mr. Gary Jackson regarding their proposal to amend the Comprehensive Sign Plan for Holly Center. He stated that the owners would like to amend the plan to mount a new sign on a stucco facia that would be constructed over the brick parapet wall in order to add the letters "Old Country Buffet" in 36-inch, individually illuminated red letters. Mr. Robertson stated that the Housing & Redevelopment Authority reviewed this proposal and found it conformed to the Redevelopment Agreement and Plan. He stated that staff is recommending this amendment be approved subject to two stipulations which he outlined. MOTION by Councilman Fitzpatrick to concur with the recommendation of the Housing & Redevelopment Authority and City staff to amend the Comprehensive Sign Plan for Holly Center with the following stipulations: (1) Before the permit is issued, the applicant provide documented assurance from all other tenants of the center � that they agree to the proposed signage with the understanding that the other tenants would not be able to place their signage on this particular wall; and (2) The dimensions of the sign "old County Buffet" sign and existing signs must conform to the wall sign requirement (it cannot exceed fifteen times the square root of the length of the wall). Seconded by Councilman Schneider. Councilman Schneider questioned the signage and if it was felt that the additional verbiage ��and existing signs" should be added for clarification. Councilman Billings asked if someone were to build a one-story concrete building in the City and elevate the structure above the normal one story line to make it a continuance of their wall, if they could install a sign. He asked if this proposal is for the sole purpose of signage. Mr. Robertson stated that staff views it as wall signage. He stated that the ordinance says a roof sign is separate from a wall sign and believed there are different dimensions. Ms. Dacy, Planning Coordinator, stated that when staff inet with the petitioners, it was interpreted that this was part of the wall of the structure. She stated that they also viewed this as an improvement. She stated she could understand Councilman Billings � analogy; however, if someone built a parapet wall only to install a wall sign would not be acceptable if it was above the roof line. � Ql`< FRIDLEY CITY COUNCIL M$$TZNG OF OCTOHER l, 1990 PAGE 11 UPON A VOICE VOTE TAKEN ON THE ABOVE MOTION, all voted aye, and Mayor Nee declared the motion carried unanimously. 5. RECEIVE THE MINUTES OF THE PLANNING COMMISSION MEETING OF SEPTEMBER 12. 1990: A. ESTABLISH A PUBLIC HEARING FOR OCTOBER 15. 1990, FOR A REGISTERED LAND SURVEY. P.S. #90-D5. BY DAN SULLIVAN, TO CREATE TWO TRACTS, TRACT A AND TRACT B. TO SIMPLIFY EXISTING LEGAL DESCRIPTIONS. GENERALLY IACATED A 1161 REGIS LANE N.E.: MOTION by Councilman Schneider to set the public hearing on P.S. #90-05 for October 15, 1990. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. B. ESTABLISH A PUBLIC HEARING FOR OCTOBER 15,1990, FOR A PRELIMINARY PLAT, P.S. #90-04. TARGET NORTHERN DISTRIBUTION CENTER 2ND ADDITION. BY TARGET STORES. INC.. TO ADD A 70 FOOT BY 1.100 FOOT STRIP OF PROPERTY TO TARGET'S EXISTING PROPERTY. WHICH IS NOW PART OF M.T. PROPERTIES' RAIL�20AD RIGHT-OF-WAY. GENERALLY LOCATED WEST OF HIGHWAY 65 AND SOUTH OF THE TARGET NORTHERN DISTRIBUTION CENTER BUILDING: � MOTION by Councilman Billings to set the public hearing on P.S. #90-04 for October 15, 1990. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. C. ESTABLISH A PUBLIC HEARING FOR OCTOBER 15,1990, FOR A REZONING. ZOA #90-05. BY AL SCHRADER, TO REZONE LOTS 7, 8. AND 9. BIACK 1. CENTRAL VIEW MANOR FROM M-1, LIGHT INDUSTRIAL TO C-3, GENERAL SHOPPING. GENERALLY LOCATED AT 7355 HIGHWAY 65 N.E.. FOR THE CONSTRUCTION OF AN "AUTO MALL" AND A RESTAURANT: MOTION by Councilman Schneider to set the public hearing for this rezoning, ZOA #90-05 for October 15, 1990. Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. MOTION by Councilman Schneider to receive the minutes of the Planning Commission Meeting of September 12, 1990. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 6. ESTABLISH A PUBLIC FIEARING FOR OCTOBER 15, 1990, TO DECLARED PORTIONS OF LOTS 1. 2, AND ALL OF LOT 3, BLOCK 1. CENTRAL VIEW MANOR AS EXCESS PROPERTY: , MOTION by Councilman Schneider to set the public hearing on this item for October 15, 1990. Seconded by Councilman Fitzpatrick. � � � Oi4 FRIDLSY CITY COIINCIL MEETING OF OCTOBER 1 1990 PAGE 12 Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 7. APPROVAL OF AMENDMENT TO THE COMPREHENSIVE SIGN PLAN FOR OLD COUNTRY BUFFET IN HOLLY CENTER: This item was considered earlier in the meeting after Item 4. 8. APPROVAL OF CONTRACT WITH HNTB FOR ENGINEERING SERVICES TO COMPLETE THE REPAIR AND PAINTING OF THE .5 MG WATER TANK: Mr. Flora, Public Works Director, stated that three quotes were received from engineering consulting firms for the repair, painting, and installation of an altitude valve for the .5 MG water tank. He stated that the highest quote was from AEC at $25,000 and SEH was the lowest at $7,370, but SEH did not include any inspection fees. He stated that the quote from HNTB was for $15,350. Mr. Flora stated that he felt the comprehensive proposal received from HNTB will be the actual cost of the engineering project for plans, specifications, and inspection. He stated that the City has worked with them on past projects and is currently working with them on the 1.5 MG tower. He felt that because of the critical timeframe to complete this tank, he would recommend the City enter into a contract with HNTB for engineering services to complete the repair and painting of the .5 MG water tank. Mr. Flora stated that it is also recommended that the Council approve a supplemental appropriation of $15,350 to the 1990 Water Capital Improvement Budget. He stated that this action for the supplemental appropriation is shown as Item 9 on the agenda. MOTION by Councilman Schneider to authorize the City to enter into a contract with HNTB for the repair and painting of the .5 MG water tank. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 9. APPROVAL OF MOTION FOR A SUPPLEMENTAL APPROPRIATION TO THE 1990 WATER CAPITAL IMPROVEMENT FUND OF 515,350 FOR ENGINEERING SERVICES FOR REPAIR AND PAINTING OF THE .5 MG WATER TANK: MOTION by Councilwoman Jorgenson to approve a supplemental appropriation to the 1990 Water Capital Improvement Fund of $15,350 for engineering services for the repair and painting of the .5 MG water tank. Seconded by Councilman Fitzpatrick. Councilman supplemental 1991 budget. Schneider confirmed that this is, basically, a appropriation for this year and a deduction from the - O1� FRIDLEY CITY COIINCIL MEETING OF OCTOSER 1. 1990 PAGE 13 ' UPON A VOICE VOTE TAKEN ON TAE ABOVE MOTION, all voted aye, and Mayor Nee declared the motion carried unanimously. 10. RESOLUTION NO. 51-1990 APPROVING A CORRECTED LEGAL DESCRIPTION FOR A SUBDIVISION, LOT SPLIT, L.S. #89-01. TO CREATE A SEPARATE PARCEL FOR A SINGLE FAMILY HOUSE. GENERALLY LOCATED AT 1501 RICE CREEK ROAD N.E.: Ms. Dacy, Planning Coordinator, stated that when this lot split was processed, staff thought the legal description was recordable. She stated that when the petitioner went to the County to record this lot split, they recommended changes in the description, and the surveyor amended the description. She stated that the dimensions are the same; however, the description is revised in order to record it properly at the County. MOTION by Councilman Schneider to adopt Resolution No. 81-1990. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 11. RESOLUTION NO. 82-1990 DESIGNATING POLLING PLACES AND APPOINTING ELECTION JUDGES FOR THE NOVEMBER 6. 1990. CITY AND STATEWIDE GENERAL ELECTION: , MOTION by Councilman 5chneider to adopt Resolution No. 82-1990. Seconded by councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 12. RESOLUTION NO. 83-1990 IN SUPPORT OF AN APPLICATION FOR EXEMPTION FROM LAWFUL GAMBLING LICENSE FOR TOTINO-GRACE HIGH SCHOOL FOR RAFFLES: Mr. Pribyl, Finance Director, stated that Totino-Grace has applied for an exemption from a lawful gambling license for their raffles, and the City must approve a gambling license before the State will issue a license. He stated that the date for this event is November 17, 1990. MOTION by Councilman Schneider to adopt Resolution No. 83-1990. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 13. RESOLUTION NO. 84-1990 CERTIFYING CERTAIN DELINOUENT WATER AND SEWER CHARGES TO THE COUNTY AUDITOR FOR COLLECTIONS WITH THE 1991 TAXES: MOTION by Councilman Billings to adopt Resolution No. 84-1990. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. � O1� FRIDLEY CITY COUNCIL MEETING OF OCTOBER 1, 1990 PAGE 14 � 14. APPROVAL OF THE 1991 BUDGET OF THE NORTH METRO CONVENTION AND TOURISM BUREAU• Mr. Hunt, Assistant to the City Manager, stated that although the agenda states approval of the 1991 budget of the North Metro Convention and Tourism Bureau, the action by the Council this evening is merely to receive the budget. Mr. Charles Cook, Executive Director of the North Metro Convention and Tourism Bureau, briefly reviewed the budqet appropriations for a total budget of $377,949. He stated that one of the items that was a tremendous success in 1990 was a tabloid that was inserted in newspapers in the Dakotas, Wisconsin, Winnipeg, and Thunder Bay. He stated that this would be expanded in 1991. Mr. Cook stated that, normally, they would anticipate about an eight percent increase in revenue in 1991. He stated that, unfortunately, the economy is very sluggish so they are cautious and are going to take a"wait and see" attitude. He felt that the hospitality industry will be one of the first to feel the effects, if there is a short supply of gasoline. MOTION by CounCilman Schneider to receive the 1991 budget of the North Metro Convention and Tourism Bureau. Seconded by � Councilwoman Jorgenson. Councilman Billings stated that it seems a number of organizations were trying to "raid" the North Metro Convention and Tourism Bureau's funding and asked if these organizations were successful. Mr. Cook stated that a 1983 law states the monies are for advertising and promotion. He stated that in the agreement with the National Sports Center, the Bureau does not pay them a set amount, but they pay as if the Bureau is bidding for business. Councilman Billings stated that he understands some of the Chambers of Commerce and the North Metro Mayors Association were looking for funding. Mr. Cook stated that the North Metro Mayors Association has backed off. He stated that they want to support the Chambers and now have an agreement that they will solicit business for them so it is a legal contract. Mayor Nee stated that he believes the Bureau has been doing a very good job and is impressed with their efforts. UPON A VOICE VOTE TAKEN ON THE ABOVE MOTION, all voted aye, and Mayor Nee declared the motion carried unanimously. � � � � 615 FRIDLEY GITY COUNCIL MEETING OF OCTQBER l. 1990 PAGE 15 15. INFORMAL STATUS REPORTS: Item No. 16 was considered before this item. 16. APPOINTMENTS: Mr. Flora, Public Works Director, stated that Mr. Jim Saefke has been promoted to the position of Water Foreman replacing Donald Carrigan who retired. He stated that there were over forty applicants for the position, and he is pleased that Mr. Saefke was selected. Mayor Nee stated that he was glad the City was able to select a City employee for this promotion. Mr. Saefke indicated his pleasure with being accepted for this promotion and introduced his wife, Barb, who accompanied him to the Council meeting. MOTION by Councilman Fitzpatrick to concur with the following appointments by the City Manager: Starting Narae Position Salarv James Saefke Rose Griep Water Foreman Exempt Crime Prev. Spec.IZ Exempt $2,982.45 per month $35,789.40 per year $1,924.18 per month $23,090.16 per year Starting Date Oct. 2, 1990 OCt. 15, 1990 Replaces Donald Carrigan Pamela Taschuk Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 15. INFORMAL STATUS REPORTS: EAST RIVER ROAD/ASHTON ROAD CON5TRUCTION: Mr. Flora, Public Works Director, stated that in the 1970'S, Anoka County hired BRW to study East River Road for a plan to develop that roadway from Fridley to Anoka. He stated that the County has been working on East River Road and had planned to complete the segment between Hartman Circle and Glen Creek Road next year. He stated that, due to lack of funds, this is on hold for 1992 and 1993. Mr. Flora statad that the Anoka County Highway Department prepared a preliminary survey of the roadway. He stated that, in that oiU �RIDLEY CITY COUNCIL MEETING OF OCT08ER 1. 1490 PAGE 16 , process, a number of residents on East River Road raised concern about the extension of Ashton Avenue and presented a petition November 15, 1990 to the Council indicating that they did not want to proceed with the extension of Ashton Avenue. He stated that in the BRW study for upgrading East River Road, it is envisioned that the Ashton Avenue right-of-way, which extends north from 71st to just beyond Logan Parkway, would provide a service road. He stated that the County is identifying the available right-of-way and incorporating plans for the extension of Ashton Avenue. Mr. Flora stated that once the Highway Department completes preliminary plans, a public hearing will be conducted to obtain neighborhood comments. He stated that after the hearing, plans would be revised to incorporate any changes and at that time, it would be appropriate to analyze the Ashton Avenue extension. He stated that, at this time, there aren't any explicit plans on the scope or cost. Ae stated that if the Council feels Ashton Avenue should not be extended, it would be the time to notify the County so they do not focus on this plan. Councilman Fitzpatrick stated that there is a petition in opposition to the proposed extension of Ashton Avenue. He stated the petitioners have been assured that before any action would be taken, there would be hearings. He stated that if the Council is opposed to this extension and does not intend to ever approve of � it, time and money could be saved if this is stated now. He stated that his own position is that he does not support the construction of a servioe road, as persons living there do not want it. Mayor Nee asked if there would be an assessment on those properties for the improvement. Mr. Flora stated that the schematic shows a median installed that would block access �o go southbound and the use of Ashton Avenue extension to make movements north and south. He stated that if this was to be completed, he would expect the County to participate. He stated that, at this time, there are not any detailed drawings, and he did not know the County's participation. He stated that there is a right-of-way on East River Road and a considerable amount of space available to make the improvements. Councilman Fitzpatrick stated that the homes seem to be set guite far back from East River Road; however, any development of Ashton Avenue would take one hundred £eet of that setback. He stated that this is one of the objections to the extension of Ashton Avenue as it would bring the service road very close to their homes. Mr. Flora stated that this is what is unknown at this point depending on how the improvement is planned. � Councilman Fitzpatrick felt that even if there was a different pattern for the road and it is moved farther west, he doubted if there would be support of any kind for a service road. He stated � 1 �! FRIDLEY CITY COUNCIL i�EETING OF OCTOSBR 1 1990 PAGE 17 � that the residents would also object to paying for something they did not want. Councilwoman Jorgenson felt that the Council had to look at the safety of everyone traveling East River Road. She stated that the County and State both encouraged the City not to have so many accesses onto East River Road to keep the traffic flowing and for safety purposes. Councilman Fitzpatrick stated that the residents do realize that there is an easement; however, they would like to keep it the way it is now. MOTION by Councilman Billings to direct staff to use whatever power and influence the City may have for the County to cease any activities that would cause anyone to believe that Ashton Avenue would become a driven roadway. Seconded by Councilman Fitzpatrick. Councilwoman Jorgenson questioned if any actions should be taken since this is an informal status report. Mr. Herrick, City Attorney, stated that it would be against the Council's rules to consider an item that is not on the agenda for action. � Mayor Nee stated that his understanding of the items under the Informal Status Reports is for information, rather than action. Councilman Fitzpatrick stated that staff could be instructed to bring back a resolution to this effect. Mayor Nee asked, as a matter of policy, if the Council wanted to take action on items under the Informal Status Reports. Councilwoman Jorgenson and Councilman Schneider stated that they would vote against taking any action. Councilman Schneider felt staff could be directed to brinq an issue back for action. Mayor Nee ruled the above motion was out of order. MOTION by Councilman Fitzpatrick to instruct staff to investigate this item and bring back a resolution at a future Council meeting which would serve the same purpose to put an end to considering the extension of Ashton Avenue. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. ZONING - ADULT BUSINESSES: ' Ms. �acy, Planning Coordinator, stated that several alternatives have been discussed regarding zoning for adult businesses. She stated that one alternative is that they would not be allowed O16 FRIDLEY CITY CODNCIL MEETING OF OCTOBER 1, 1990 PAGE 18 � within 750 feet from a residential zoning district, and the other alternative is that they would not be allowed within 500 feet. She stated that in either of these cases, they would also not be allowed within 1,000 feet of a school, park, or church. She stated that if the City oonsidered the 75D foot alternative, 3 percent of the City's total area could be used for this type of business and with the 500 foot option, 4.35 percent of the City's total area could be used. She stated that she understands from the City Attorney that there have been previous court cases that an acceptable percentage would be 5 percent of a city's land area. Ms. Dacy reviewed some possible areas where these adult businesses might locate based on the above criteria. She stated that it is hoped a public hearing can be scheduled before the Planning Commission in December on a proposed zoning ordinance. She stated that staff and the City Attorney's office will work closely on how the uses are defined. She stated that the option of requiring a license will be evaluated to determine i£ the same procedure as obtaining a liquor license should be included. Councilman Schneider stated that he received a phone call from a former Fridley resident who now lives in Spring Lake Park. She asked that a copy of Fridley's proposed ordinance be sent to Spring Lake Park. � Mr. Herrick stated that when the ordinance is in its final form, he would be happy to send a copy to the Spring Lake Park resident. Mr. Herrick stated that he met with the County Attorney and City Attorney for the City of Ramsey to discuss the possibility of a unified approach for the entire County in regulating these adult businesses. He stated that there was also some discussion about the possibility of municipalities and the County entering into a joint powers agreement where they may agree to share the cost of prosecuting, if it became necessary. He stated that both ideas were well received by the County Attorney and a meeting will be called of the attorneys for the cities in the County. Mr. Herrick stated that there was further discussion that the County Attorney might have a specialist on his staff that would handle the prosecutions. He stated that, at this time, it may be a problem because he did not know if the staffing would be available. He stated that there was also some very preliminary discussion about the possibility of using the Grand Jury to determine whether various businesses were conducting an operation that was either pornographic or obscene. He stated that the County Attorney would give this consideration, but did not know if it would be workable or not. � Mr. Herrick stated that, at this time, he would suggest that the City proceed on the zoning portion in an attempt to solve this problem and wait until a meeting is held with the other city C � � G19 FRIDLSY CITY COIINCIL MEETINa OF QCTOSER 1, 1940 PAGE 19 attorneys before deciding what action to take on the obscenity ordinance that was drafted. Councilman Billings asked if staff had taken into consideration Sullivan Lake Park in Columbia Heights in determining possible locations for these businesses. Ms. Dacy stated that she did not realize there was a park in Columbia Heights that was located close to the southeast portion of Fridley. Councilman Billings stated that he did not want the City to move rapidly into an ordinance that would be difficult to defend in court. He stated that he was also concerned about including the area off of East River Road which is close to the County�s park. He felt someone could argue that if such a business is not allowed within 1,000 of a City park, why would it be allowed any closer to a County park. Councilwoman Jorgenson asked if day care centers had been included in staff's review so that these adult businesses would have to be located a certain distance from a day care center. Ms. Dacy stated that staff has not looked at the day care center issue. Mr. Herrick felt that the only way to obtain at least the 5 percent ratio may be to further reduce the distances that the City would require. Councilman Schneider asked the time involved to refigure these distances. Ms. Dacy stated that it would probably take about four hours of staff time to refigure these distances. Councilman Schneider asked if there is any way to determine how much staff and legal time the city is spending on this issue. Mr. Pribyl, Finance Director, stated that an accounting code could be assigned so that any time spent on the issue is recorded under this code. Councilman Schneider felt it did not need to be that precise, but would like to know roughly how much time is being spent on this issue. Mayor Nee felt that if the objective was to provide 5 percent of the City's total area, it seems the distances will have to be reduced. D� U FRIDLEY CZTY COQNCIL MEETING OF OCTOSER l, 1990 PAGB 20 � Mr. Herrick stated that what he hears and understands is that the Council feels some additional work should be done on this issue. LOCKE LAKE• Mr. Flora, Public Works Director, stated that he met with representatives of the Department of Natural Resources and members of the Rice Creek Watershed District regarding the condition of the Locke Lake dam. He stated that the DNR wants the City to drop the water level of Locke Lake as soon as possible. He stated that as a result of the meeting, several actions were discussed which the City will attempt to do in the near future. He stated that he expects a letter from the DNR summarizing the meeting and actions for the dam. Mr. Flora stated that the Rice Creek Watershed District Board of Managers has accepted the proposal for the improvements at Locke Lake and, hopefully, in January, the City will have a dra£t report with possible funding mechanisms. Councilwoman Sorgenson asked if they could start construction of the new dam in April. Mr. Flora stated that once the cost is determined, the issue of � when construction could begin would be addressed. He stated that this could vary, depending on how it is funded, and it may be several years. He stated that there will be a meeting in the next few weeks with all of those concerned, and a task force will be established. MEETING OF RESIDENTS ON TROLLHAGEN DRIVE RE: STOP SIGNS: Mr. Burns, City Manager, stated that a petition was received in July for installation of two stop signs on Trollhagen Drive. He stated that Councilman Billings requested a neighborhood crime watch meeting for the South Innsbruck area. He stated that at the meeting that was held on September 19, 1990, the stop sign issue was addressed. He stated that Some residents wanted stops signs and speed bumps, and some felt the sight line should be improved at Trollhagen Drive and Matterhorn Drive. Mr. Burns stated that at the end of the meeting, a vote was taken on the issue of the stop signs and ten were in favor, fourteen were against, and nine abstained. He stated that in view of the split vote, staff would recommend that the stop signs not be installed on Trollhaqen Drive. He stated that the City would, as an alternative, install caution signs on the curve and a speed limit sign. He stated that the homeowner who resides at Trollhagen Drive and Matterhorn Drive will cut back his bushes to provide a better � sight line. Mr. Burns stated that the Police Department promises continued speed enforcement on Trollhagen Drive. �2� FRIDLEY CITY COLTNCIL MEETING OF OCTOBER 1, 1990 PAGE 21 1 Councilman Schneider felt that a letter should be sent to the neighborhood regarding the results of the neighborhood meeting. Mr. Burns stated that he is not sure this requires a formal Council action. He stated that if there are no objections by the Council, the measures proposed by staff will suffice. He felt that, however, there should be some kind of response to the petition received for the installation of the stop signs. Mr. Hill, Public Safety Director, stated that after a neighborhood crime watch meeting, the Police Department will respond on what occurred at the meeting. He stated that based on the meeting, there would probably be a recommendation not to install the stop signs. Mayor Nee felt that a letter could be prepared and brought to the Council for consideration. Councilman Billings stated that he believed when the Council receives a petition, the Council should reach a decision on what action should be taken. Councilman Schneider stated that a letter should be written to the petitioners. � Mr. Herrick, City Attorney, stated that he did not think the placement of stop signs should be wholly determined by popular vote. He stated that there should be some consideration about whether there is a safety problem. He felt that there should be some report from the Police Department and Engineering Department indicating they have reviewed the issue and, in their professional opinion, whether stop signs should or should not be installed. Mr. Burns stated that the survey data of the Police Department was reviewed in regard to traffic counts and accident history. He stated that this data did not meet the Department of Transportation's guidelines for the placement of stop signs. Mr. Herrick felt that the communication sent to the neighborhood should also mention this data. Mr. Burns stated that he did not mean to imply that this information was not taken into consideration. Mayor Nee asked that a letter be submitted for approval by the Council in response to this petition. � � � LJ 02� FRIDLBY CITY COIINCIL MEETING OF OCTOBER 1, 1990 PAGE 22 17. CLAIMS• MOTION by Councilman Fitzpatrick to authorize payment of Claims No. 34062 throuqh 34344. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 18. LICENSES: MOTION by Councilwoman Jorgenson to approve the licenses as submitted and as on file in the License Clerk's Office. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 19. ESTIMATES• MOTION by Councilwoman Jorgenson to approve the estimates as submitted: Bituminous Consulting & Contracting 2456 Main Street Minneapolis, MN 55434 Street Improvement Project No. ST 1990 - 3 FINAL ESTIMATE . . . . . . . . . . . . . . . $ 9,806.08 Karlen Construction 901 - 125th Avenue N.E. Blaine, MN 55434 Flanery Park Shelter Project No. 206 FINAL 88TIMATE . . . . . . . . . . . . . . Modern Heating & Air Conditioning, Inc. 2318 First Street N.E. Minneapolis, MN 55418 Range Ventilation FINAL ESTIMATS . Herrick & Newman 205 Fridley Plaza Office Bldg. 6401 University Avenue N.E. Fridley, MN 55432 Services Rendered as City Attorney for the Month of September, 1990 . $ 1,588.82 $ 4,275.00 $ 3,228.00 � � � �z� FRIDLEY CITY COIINCIL MEETING OF OCTOBER 1, 1990 PAGE 23 AEC Engineers & Designers 511 - lith Avenue South Minneapolis, MN 55415 Phase II - 3 MG Concrete Repair Project No. 200 (Inspection Services) Partial Estimate . . . . HNTB 6700 France Suite 260 Minneapolis, Avenue South MN 55435 Inspection of the 1.5 MG Elevated Water Reservoir ProjeCt No. 202 Partial Estimate . . . . Western Waterproofing 2838 Stevens Avenue South Minneapolis, MN 55408 Phase II - 3 MG Concrete Reservoir Repair Project No. 200 Estimate No. 1 . . . . . Reservoir . . . . . . . . . . $ 2,784.02 $ 7,061.39 $67,478.50 Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Mayor Nee asked if there was any other business. Councilman Billings asked if now would be the time to make his motion regarding Ashton Avenue. He requested that staff place an item on the agenda for November 5, 1990 to discuss the rules of the Council and agenda for all types of ineetings including conference and regular meetings. He stated that he did not think he has ever been involved in an organization where he cannot make a motion to do something, if it is not on the agenda. He stated that maybe the Council needs to revise the rules. Mayor Nee stated he has been applying the Roberts' Rules of Order as it relates to small groups. Councilman Billings stated that it may be that "Other Business" needs to be placed on the agenda. Councilman Schneider felt that it would not be appropriate, for instance, to have an expenditure item under "Other Business". - 024 FRIDLEY CITY COIINCIL MEETIN(i OF OCTOBER l. 1990 PAGE 24 � Councilman Billings stated that is the reason he requested this issue be discussed. Mayor Nee stated that he has no problem in complying with any rules the Council adopts. He suggested looking at what rules other cities follow. AATOURNMENT• MOTION by Councilman Billings to adjourn the meeting. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the Regular Meeting of the Fridley City Council of October 1, 1990 adjourned at 10:32 p.m. Respectfully submitted, � �, , � �,��-- �2�,�.ti:_ ���r��ar � Carole Haddad William J. Nee Secretary to the City Council Mayor Approved: � l. J