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Comp Sign StipsVirgil C. Herrilck David P. Newman James D. Hoeft Gregg V. Herrick IH[ICRRICK & ` E Y Y ` LLA NP.A. ATTORNEYS AT LAW MEMO TO: Jock Robertson, Community Development Director Kathlyn Castle, Planning Assistant FROM: Gregg Herrick, Assistant City Attorney DATE: August 3, 1988 RE: Riverboat Plaza Center Landscaping The question has arisen as to whether or not a landscaping plan required by the original building permit can be enforced against a subsequent owner. It is my understanding that this landscaping plan was never filed with the County against the Riverboat Plaza nor was any express notice received by Mr. Klus regarding the landscaping requirement. The City has the power and the right to enforce building requirements which have some relation to public health, safety, or welfare; however, a building ordinance which is based solely on aesthetic considerations is not enforceable as against a subsequent purchaser without notice. Aesthetic considerations are enforceable with regard to building codes and requirements if they are in some way tied to the public health, safety, or welfare as a part of the overall building plan. At the time the original building permit was issued, there would be an argument that the City can enforce the landscaping requirement as an aesthetical consideration within the overall building code requirements for the project. Once the building has been constructed, the landscaping requirement on its own would not be enforceable. Mr. Walz indicated in his July 6, 1988, letter that Mr. Klus would be willing to cooperate with the City in developing a landscaping plan. I understand that the City's efforts in the past to negotiate with Mr. Klus have not been successful; however, given the fact that enforcement of the landscaping plan would be very difficult, if not impossible, the City should make an effort to reach an agreement with Mr. Klus. 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G 04 f � �t 9 t ^i J f+ . j it gill 1 # \ yt`i 4t►4� �.I�flJL ' I f" d r 96'E :J 3 C diitj � � j ft'r( to _` " \' ��� .v.a3i�: "•i rt:)'tli \ b` ', I '�(,t'3�if)2 eb )`� ��s�3i97.101 ) 16�1';gbiws3�3 i � s 2'3 1 s y t 1 ��f i i' 4;191(63'i iUP I f s �I b2 �{$44� 1 t a fs i t �_t OA ( \ s ��!•,,d .ii+7 s n iii p ..,I f' 4%1401 t. � i, did i•— 1�,',..._�. ..(,tt_ P .1T�'/•'`' '• ) (� !M J's`• a 1 1 Y"1 t, cLai LCl°� t2 LSS..1 �(T'.A ii staff a � � �iX i I a o • ... 424 _ `. ..�.' 0 NOT ENTER` SIGNS FACEM ?ARK! G AREA aTITLE APPROVED my _ _ - - .-.,- -.. . . 55431R PIN u, r- e��, Cb . .'r 0 N T ENTER" SIGN ~F• SIGNS FACEM Q'TTZ�c= PARKI G AREA 1 m I -4e E AST RIVER ROAD T • tet+ /////'//1777/// CITY OF FRIOLEY fnwoKERING TITLE DRAWN BY G. J. N. APPROVED BY INDIVISION 8 4311 UNIVERSITY AVE. FMOLEY, MINNESOTA 66439 RIVER .ROAD PLAZA CHECKED BY T. A. . SCALE 1= 40 ' RICHARD N. SOBIECH PWORKS DIRECTOR PUBLIC RE. REQ NO. 11059 DATE NOV. 18,1977 INSPECTION REVIEW SHEET L --J ADDRESS: � *� I or- ZONING: CITY OF FMDLEY '7��� TE'R40- �� COMMUNITY DEVELOPMENT DEPARTMENT PARKING: Reg. Actual OK Continents Number of stalls Width 10' + Length 18'-20' �� � � ,� } nc. � �� Striping �- x / � ex, 4z;t Park. Aisle Width y. 'yoQ Handicapped - 12 X 20 e�(-ub3 are- . ���tQ•!c�' � number of p non Q N'a print symbol �? required sign ramp Concrete curb and gutter Black Top Cond. r.ANQSC'APINC_: Req. Actual OK Comments Approved Landscape Plans - Status Maintenance + *dead trees/shrubs �� � � ,� } nc. � �� *damaged turf �- x / � ex, 4z;t *weed problems�� y. 'yoQ *pruning needed e�(-ub3 are- . ���tQ•!c�' � *mul ch/weed p non Q N'a barrier/edging �? needed *other Suff. . of Existing Auto. Irrigation SCREENING OF: Reg. Actual OK Comments Parking Outside Storage Refuse Containers Roof Equipment Loading Docks Resid. Districts 15' Plt Directional Strip BUTLDTWa CONDITION Req. Actual OK Comments Painting trim siding masonry Facade Condition appropriateness SIGNAGEe Req. Actual OK Comments Condition pylon wall Proposed Location visual safety appropriateness Directional Req. Actual OK Comments Condition of Pond positive drain- age weed growth siltation weir condition Req. Actual OK Comments Recorded Needed [Art, r W. rw GNOF FRIDLEY ' CIVIC CENTER - 6431 UNIVERSITY AVE. N.E., FRIDLEY, MINNESOTA 55432 - PHONE (612) 571.3450 July 6, 1984 Video Theater 7899 East River Road N.E. Fridley, MN 55432 Be: Banners, Pennants or Temporary Signs Being Displayed at 7899 East River Road N. E. Dear Sirs: It was confirmed by an on-site inspection on July 5, 1984 that the above listed property was being maintained in violation of the Fridley City Sign Code Chapter 214. The inspection on that date found a temporary porta-panel, advertising your business, being displayed on the property. The displaying of any temporary signs, banners or pennants is permitted only after a fee exempt sign permit has been issued. In addition, the City Sign Code limits the displaying of these types of signs to only three (3), nonconsecutive, ten (10) day time periods per year. At this time, the City must require that either the porta-panel be removed or a permit be applied for and issued that would allow you to continue displaying it. To determine compliance with this letter a reinspection will be conducted on or about July 11, 1984. The City is confident in your cooperation on this matter and if any questions or problems result from this letter, please feel free to call on me at 571-3450. Sincerely, STEVEN J. OLSON, R.S. Environmental Officer SJO/mh ENC: 1 '= COMMUNITY DEVELOPMENT DEPARTMENT unroF FRIDLEY MEMORANDUM MEMO TO: Jock Robertson, Carmlunity Development Director MEMO FROM: Daryl Morey, Planning Assistant MIIb90 DATE: July 16, 1987 REGARDING: Comprehensive Sign Plan for the Riverboat Shopping Center at 7899 East River Road N.E. The comprehensive sign plan that was submitted for the Riverboat Shopping Center included in the drawings an 8 ft. by 4 ft. yellow readerboard sign. This porta-panel sign is awned by one of the tenants of the shopping center and is used frequently by the tenants. The City defines this porta-penel sign as a temporary sign requiring a permit for each use. It should not have been included in the comprehensive sign plan. It has come to our attention that the approved landscape plan for this shopping center has not been fully implimented. A number of items on the landscape plan have yet to be installed, including shrubbery, edging, weed barrier and rock mulch. Staff recommends that any future sign permits be contingent upon implimentation of these outstanding landscaping features. Ir/ltrn M-87-153 1 Q* CITY OF FRIDLEY CIVIC CENTER • 6431 UNIVERSITY AVE. N.E.• FRIDLEY• MINNESOTA 55432 • PHONE (612) 571-3450 July 6, 1984 Video Theater 7899 East River Road N.E. Fridley, HN 55432 Re: Banners, Pennants or Temporary Signs Being Displayed at 7899 East River Road N. E. Dear Sirs: It was confirmed by an on-site inspection on July 5, 1984 that the above listed property was being maintained in violation of the Fridley City Sign Code Chapter 214. The inspection on that date found a temporary porta-panel, advertising your business, being displayed on the property. The displaying of anv temporary signs, banners or pennants is permitted only after a fee exempt sign permit has been issued. In addition, the City Sign Code limits the displaying of these types of signs to only three (3), nonconsecutive, ten (10) day time periods per year. At this time, the City must require that either the porta-panel be removed or a permit be applied for and issued that would allow you to continue displaying it. To determine compliance with this letter a reinspection will be conducted on or about July 11, 1984. The City is confident in your cooperation on this matter and if any questions or problems result from this letter, please feel free to call on me at 571-3450. Sincerely, STEVEN J. OLSON, R.S. Environmental Officer SJO/mh ENC: 1 CITY OF FRIDLEY SIGN PERMIT APPLICATION Owner: Ma�'�� Address: 9'::kE TeL. Street No. Street: Effective August 1, 1982 Sign Erector: �l W ' `v - Address: Tel. No: SIGN LOCATION Lot: Block: Addition: DESCRIPTICH OF SIGN SIGN TYPE: *Wall **Pylon ***Roof Temporary Other: SIGN MESSAGE: Length: Height: Constructed Of: Sq. Ft.: Illuminated: Estimated Cost:$ To Be Completed: Z --/J— �� pvll/ :S *Length of wall sign is to be placed on: **Distance from Prop. Line: Inter./Dwy.:_ ***Roof Sign in Lieu of Pylon Sign ZONING: Max. Allow. Area: Sign Height: PERMIT FEES: Up to 40 sq. ft.= $24.00. More than 40 sq. ft.= $60.00 Add $.50 State Surcharge if sign is not illuminated. TEMPORARY SIGNS: Porte panels, banners, pennants, etc.= NO FEE POLITICAL SIGNS: $15.00 deposit, refunded when signs are removed. STIPULATIONS Revolving beacons, zip flashers and similar devices including any sources of light which changes in intensity are prohibited. The undersigned hereby makes application for a permit for the work herein specified, agreeing to do all work in strict accordance with the City of Fridley Ordinances and rulings of the Department of Buildings and hereby declares that ell the facts and representations stated in this application aA% trus,and QrreAt. DATE: 7— // — L SIGNATURE: ///Ok i �v Owner: � IZZA I � c�/J Address: -7 f IVEro Tel. No: -�t; 7-Z _ 0G 4 -- CITY OF FRIDLEY SIGN PERMIT APPLICATION Sign Erector: Address: Tel. No: Effective August 1, 1982 SIGN LOCATION Street No. 7�� Street:7 �J ►�� Lot: Block: Addition: DESCRIPTION OF SIGN SIGN TYPE: *Miall **Pylon ***Roof SIGN MESSAGE: Other: Temporary Length: Height: Sq. Ft.: Constructed Of: Illuminated: Estimated Cost:$ `To Be Completed: *Length of well sign is to be placed on: Max. Allow. Area: **Distance from Prop. line: Inter./Dwy.: Sign Height: ***Roof Sign in Lieu of Pylon Sign ZONING: PERMIT FEES: Up to 40 sq. ft.= $24.00. More than 40 sq. ft.= $60.00 Add $.50 State Surcharge if sign is not illuminated. TEMPORARY SIGNS: Porte panels, banners, pennants, etc.= NO FEE POLITICAL SIGNS: $15.00 deposit, refunded when signs are removed. STIPULATIONS Revolving beacons, zip flashers and similar devices including any sources of light which changes in intensity are prohibited. The undersigned hereby makes application for a permit for the work herein specified, agreeing to do all 'work in strict accordance with the City of Fridley Ordinances and rulings of the Department of Buildings a d hereb declares that all the facts and represents i'ins stated in this appliceti are tr a orrec DATE: SIGNATUR /tet VVb,L,-, tP— 4yl �►G� ' ' poNDAN(E HISTORY DATE: I (�LET'I'E�t MEETING C'C Ol n n-loT DUE: -L� ( ) LEDER M.EE'T'ING DATE: .�. ( ) LEITER 0-3 DATE: K-l-'1'ER01dE () MELTING cc���-�--.----______------ L�r�.. DATE: - %-� (i2�II'1'ER () RICHE() MEETING IYu E : DATE: PHQJE ( ) MEETING ( ) LEITER ( ) PlICUE DATE: _ ( ) LETTER ( ) PHCUE ( ) MEETIW-z ( ) fCETING JOHN R. CARROLL JAMES D. OLSON ARCiiIBALD �I'FNCER ROBERT M. SKARF. ROBERT L. CROSBY LEONARD M. ADDINGTON ROB FRT R. BARTH N. HALTER ORAFF ALLEN D. BAR.NARD RICHARD A. PETERSON ROBERT J. CGHRISTIANSON, JR. FRANK J. WALL 7 HoMAS D. GARLSON FRANK VO( -JL ?•LARINUS W. VAN PUTTEN, JR JOHN A. Br RTON, JR. JAMES G. DIRACLES ROBERT L MELLER, JR. SCOTT D. ELLER CHARLE1 G BERVUIST FREDERICK W. MORRIS GEORGE 0. LUDGKE E. JOSEPH LAFAYE III GREGORY D. SOULE CATHY E. GORLIN PATRICK B. HENNESSY CHRISTINE K. SOLSO ERIK NV. IDELE TIMOTHY A. SULLIVAN BEST & F'LANAGAN ATTORNEYS AT LAti 3500 IDS CENTER MINNEAPOLIS. M=NNESOTA 5,5402-2113 TELEPHONE 10121 330 7121 TELEGOPIER 10121330-5807 Ms. Kathyln Castle Planning Assistant City of Fridley Civic Center 6431 University Avenue N.E. Fridley, MN 55432 July 6, 1988 Re: Walter W. Klus - Riverboat Plaza Center Dear Ms. Castle: TAMMY L. PUST BRIAN F. RICE Tpu,Cy T. VAN STEENBURGH DAVID J. LUBHE FORMAN J. BAER JAMES P. MICHELS KAREN E. SLETTEN PAUI. E. KAMI:NSKI BIAKE SHF.PARD. JR. ELIZABETH NS'. VOHAGH CHRISTOPHER J. GHAPUT JOHN P. BOYLE Ross G. FORMEI.L GHRISTOPHER G. Foy OF COUNSEL CBARLEs S. BELLOWS HARD B. LEWIS RETINEII GEORGE MALONEY LEONARD W. SIMONET JAMES I. BEST 11902-10601 ROBERT J. FLA-NAGAN (1806-10741 Your letters dated June 22, 1988 and July 1, 1988 to Walter Klus have been referred to me for response, as his attorney. It is not my understanding that the City Council "decided" that Mr. Klus was "required" to comply with the landscaping conditions of the building permit issued to a prior owner of the Riverboat Center many years earlier. Further, any such "decision", if it did occur, would be legally unsupportable. It is my understanding that Mr. Klus volunteered to attempt to work with city staff to consider whether landscaping work at the Center should be done, and to what extent. We do not consider that Mr. Klus is obligated to elect either of the "options" stated in your letter. Mr. Klus has advised me that he continues to be interested in landscaping at the Center, and would like to cooperate with the City in that regard, but believes that no landscaping work should be done prior to this fall, in light of the current drought conditions, and says that neither of the "options" presented by City staff is acceptable to him. _Yours very�tru y, Frank J. Wal FJW/sll cc: Walter W. Klus CITYOF FRI DLEY CIVIC CENTER • 6431 UNIVERSITY AVE. N.E. FRIDI+_N'. MINNESOTA 55432 • PHONE(612) 571-3450 October 13, 1987 M.r. . Walter Kl us 7899 East River Road Fridley, Mn. 55432 Re: Comprehensive Sign Plan Stipulations Dear Mr. Kl us : An inspection of your property at 7899 East River Raod revealed that you have not complied with one of the two stipulations attached to your Comprehensive Sign Plan. This item states that the approval of future sign permits are contingent upon the implementation of the approved Landscape Plan dated 7-28- 78. As of 10-8-87, only part of the plan has been implemented. It is necessary that you install the following landscape improvements (see attached plan) : 1. On the north side of the building plant 7 Viburnum Lentagos. Mulch and edge planting bed where indicated. 2. 3 Prunes Shubert, 10 - 14 Maney Junipers and one Summit Ash should be installed on the northeast side of tine property. This planting bed should be mulched and edged. 3. The dead shrubs on the east side of the property need to be replaced. 4. Plant 5 Prunis Cistinia on the south side of the property where indicated in the landscape plan. 5. The planting beds on the west side of the property need to be mulched on edged. 6. 3 shrubs on the northeast corner of the lot are dying. They should be watched closely, and replaced if necessary. 7. In general all of the planting areas need to be weeded. This is necessary in order to maintain healthy shrubs and trees. I realize that extenuating circumstance may have kept you frau completing the project, however it must be finished. I am requesting that these improvements be made this fall. If you are unable to do so, please let me know so we can set up a schedule for oompletion in the spring. Remember that Page 2 7899 East River Road Comprehensive Sign Plan Sti pul ati ons the City holds stipulation is please contact cooperation. Sincerely, the right to disapprove not complied with. If you me at 571-3450, ext. 187. Kathlyn Castle Planning Assistant cc: Lisa Campbell C-87-515 any future sign permits if this have any questions or concerns, Thank you in advance for your May 23, 1988 Walter Klus 7017 Valley View Drive Edina, Mn. 55435 RE: Noncompliance of the Fridley City Code at 7899 East River Road NE Dear Mr. Klus: This past week I inspected your property at 7899 East River Road and found a temporary sign (pennants) being displayed illegally. This sign is in violation of the City Sign Code, Chapter 214, because a Temporary Sign Permit has not been issued. The Sign Code states that all temporary signs, such as Pennants , can be displayed only after a sign permit has been issued. These permits are granted to businesses three times per year per business for nonconsecutive 10 day periods. I will be reviewing this item on May 31, 1988. By that time, I would like you to either come in a and apply for a permit or remove the sign. If you have any questions regarding signage, please give me a call. I can be reached at 571-3450 ext. 168. Thank you in advance for your cooperation. Sincerely, Kathlyn Castle Planning Assistant KC/kc C-88-209 %-R KLUS . 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COUNCIL MEETING OF JULY 20, 1987 implemented and it is recommended that any future sign permits be contingent upon implementing these outstanding landscaping features. MOTION by Councilman Fitzpatrick to approve the comprehensive sign plan for the Riverboat Shopping Center at 7899 East River Road N.E. with the deletion of the words "plus the detached separate reader -board sign" under Item A-1 and deletion of Item A-2 under Sign Specifications. Further, this approval is contingent on the completion of the implementation of the landscaping plan for the shopping center. Seconded by Councilman Goodspeed. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. CONSIDERATION OF APPOINTMENTS TO THE ENVIRONMENTAL QUALITY AND ENERGY COMMISSIONS: MOTION by Councilwoman Jorgenson to table this item. Seconded by Council Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the ion carried unanimously. ORDINANCE NO. 890 RECODIFYING THE FRIDLEY CITY CODE BY AMENDING HAPTER 14 ENTITLED "PEDDLERS" SECTION 14.08 INVESTIGATION AND ISSUANC AND ADDING NEW SECTION 14 11, HOURS OF SOLICITATIONS, AND RENUMBERING'PRESENT 14_.11 THROUGH 14.20:' MOTION by Councilman Schneider to waive the seconreading and adopt Ordinance No. 890 on second reading and order pub cation. Seconded by Councilman Goodspeed. Upon a voice vote, all voti„x(g aye, Mayor Nee declared the motion carried unanimously. NEW BUSINESS CONSIDERATION OF FIRST READING OF AN ORPINANCE APPROVING A VACATION SAV #87-04, TO VACATE EASEMENTS ON LOT 4, LOCK 2, EAST RANCH ESTATES SECOND ADDITION, GENERALLY LOCATED AT 7710 UNIVERSITY AVENUE N.E., BY J. BENSON AND G. BRADBURY: MOTION by Councilman Goodspeed to waive the reading and approve the ordinance upon first readin� with the following stipulations: (1) developer responsible for all costs :associated with relocation of 8 inch sanitary sewer line; and (2) new vtility easements to be provided on north and south of property to accommodate the relocation of the sewer line. Seconded by Councilman Fitz patylek. Upon a voice vote, all voting aye, Mayor Nee declared the motion' carried unanimously. 8. ITEM A. 7 THE PLANNING COMMD 'ION OF A SPECIAL USE PE GRADINP AND CONSTRU GENE ALLY LOCATED S LAKE AND WEST OF CE TING OF JUNE 24, 1987: T, SP #87-13, TO ALLOW THE G LOT IN THE CRP -1 FLOODWAY, K ROAD, EAST OF HIGHWAY 65, RAL AVENUE. BY BRODY ASSOCIATES: Mr/Robertson, Community Development Director, stated this special use -7- COUNCIL MEETING OF JULY 20, 1987 permit is requested in order to allow the construction of a parking lot in what was designated as a flood plain. He stated based on current information, it is apparent there was an error made in designating this particular area in the flood plain, as the area had been filled prior to enactment of the Surface Water Management Act. MOTION by Councilman Schneider to grant special use permit, SP 087-13, to allow the grading and construction of a parking lot, with the stipulation that this special use permit is subject to the Rice Creek Watershed District and City staff's approval of the storm drainage plan. Seconded by Councilman Goodspeed. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. B. CONSIDERATION OF APPROVAL OF THE MOORE LAKE 'COMMONS DEVELOPMENT PLANS IN AN AREA OF PUD ZONING, BY NORTHWEST RACQUET AND SWIM AND HEALTH CLUBS AND BRODY AND ASSOCIATES: MOTION by Councilman Schneider to approve the Moore Lake Commons Development plans in a PUD zoning area as this development meets the intent of the original PUD District. Further, this approval is subject to all the stipulations attached to final plat, P.S. #87-06. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 9. RECEIVING THE MINUTES OF THE PLANNING COMMISSION MEETING OF JULY 8, 1987: A. CONSIDERATION OF A REZONING, Z OA f87-03, TO REZONE FROM C-1 (LOCAL BUSINESS) TO C-2 (GENERAL BUSINESS) ON TRACTS B, C, AND D, REGISTERED LAND SURVEY NO. 19, THE SAME BEING 6520, 6530 AND 6536 EAST RIVER ROAD N.E., BY RANDALL OLEHEFSKE AND KLAUS FREYINGER: MOTION by Councilman Fitzpatrick to set the public hearing on this rezoning request for August 3, 1987. Seconded by Councilman Goodspeed. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. B. CONSIDERATION OF A SPECIAL USE PERMIT, SP #87-15, TO ALLOW A MOTOR VEHICLE FUEL AND OIL DISPENSING SERVICE AND A CAR WASH IN A C-1 (LOCAL BUSINESS) ZONE ON TRACT D, REGISTERED LAND SURVEY NO. 19, THE SAME BEING 6520 EAST RIVER ROAD N.E., BY RANDALL OLEHEFSKE OF RIVERSIDE CAR WASH: Mr. Robertson, Community Development Director, stated this existing car wash has become a legal non -conforming use because, after the car wash was established, the zoning code was amended. He stated the owners of the car wash wish to expand their facilities to include a polishing and buffing center. .,Mr. Robertson stated the expansion could have been allowed in the C-1 zoning district, but there are also plans to use the vacant building on Tract /;C for a pizza establishment which wouldn't be allowed in a C-1 zone. Mr. /Robertson stated rather than create two spot zonings, staff is recommending Council consider this special use permit, required under a C-2 zo6e, while the rezoning is being processed. He stated this would allow the 4. COUNCIL FETING OF JULY 20, 1987 notice and open the public hearing. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the public hearing opened at 9:02 p.m. P•;r. Robertson, Community Development Director, stated ,this vacation is in relation to proposed plat #87-06. He stated the City, has title to this 1 .7 acres strictly for drainage purposes and would recommend this property be vacated to allow for development. He stated the vacation should be subject to the stipulations of the plat requirements and the City should transfer this property to the developer. Mr. Robertson stated the developer will provide the needed drainage areas at a new location on the property. No persons in the audience spoke regarding`this proposed vacation. MOTION by Councilman Schneider to close the public hearing. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the public hearing closed at 9:05 p.m. Mayor Nee stated it was the developer's desire the first reading of the vacation ordinance at for the Council to consider this meeting. CONSIDERATION OF AN ORDINANCE UNDER SECTIONS 12.06 AND 12.07 OF THE CITY CHARTER TO VACATE A DRAINAGE WAY, DECLARING IT SURPLUS, DIRECTING ITS CONVEYANCE, AND TO AMEND APPENDIX C OF THE CITY CODE: Mr. Newman, Assistant City Attorney, stated because the City has title to this property it; is different than an easement. He stated in order to comply with real estate law, a deed needs to be executed and a finding made that there is. no longer a need for this parcel as the drainage will be accommodated; on another portion of the site. He stated the ordinance under consideration has been drafted to authorize appropriate officials to execute a deed to/convey title of this property to the fee owner. MOTION by Councilman Schneider to waive the reading and approve this ordinance upon first reading. Seconded by Councilwoman Jorgenson. Upon a vo;ice vote, all voting aye, Mayor Nee declared the motion carried 4i animously. OLD BUSINESS: CONSIDERATION OF A SIGN PLAN FOR THE RIVERBOAT SHOPPING CENTER, 7899 EAST RIVER ROAD N.E.: Mr. Robertson, Community Development Director, stated a question arose at the last Council meeting regarding the reader board sign. He stated this sign is used by one of the tenants and, under the code, is a temporary sign requiring a permit. He stated this sign should not have been included in the comprehensive sign plan for this center and should be omitted. Mr. Robertson stated the landscape plan for this center has not been fully implemented and it is recommended that any future sign permits be contingent COUNCIL MEETING OF JULY 20, 1987 Mr. Robertson stated the project is in compliance with the C-3 zoning and building setbacks along Central Avenue are 80 feet and setbacks off Rice Creek Road are 100 feet. He stated the lot area coverage for the racquet and health club is approximately 30% and 20% for the mixed use ommercial center. He stated the code allows up to 35% lot cover a for each development. Mr. Robertson stated parking includes 296 stalls for the7Frley ercial center and 414 for the racquet and health club. He stated the code doesn't prescribe a specific amount of parking for this type of ty. He stated staff reviewed the requirements in other municipalitiefound a wide variety of approaches. He stated the proposed ratio of/ .3 cars per 1,000 square feet is above average in the metropolitan a�ea for this type of facility. He stated there is space for overflow par4ng across the street at the shopping center so it is staff's opinion parking is adequate. He stated he felt as the club matures, there may be a/:Iieed for either satellite parking or installation of a parking ramp and this is added as a stipulation to the plat requirements. f Mr. Robertson reviewed five pages of stipulat ns associated with the plat including plat and storm drainage req u ements, site development, architectural refinements, and landscape reguirements. No other persons in the audience spoke regarding this proposed plat. MOTION by Councilman Schneider to close the public hearing. Seconded by Councilman Fitzpatrick. Upon a vo°ice vote, all votig aye, Mayor Nee declared the motion carried unanimously and the public hearing closed at 9:02 p.m. Mayor Nee stated the normal procedure is for this plat to be considered for approval at the next Council meeting. He questioned, however, if there was any urgency for the Council to take action this evening. Mr. Brody stated it woul be beneficial to them if the Council could consider approving the f al plat this evening. RESOLUTION NO. 60-1 8 APPROVING FINAL PLAT OF SHOREWOOD PLAZA P.S. #87-06: MOTION by Council ma/Schneider to adopt Resolution No. 60-1987, with the stipulations aynded ed as Exhibit A and, with the understanding that the details relatithe final traffic pattern, drainage plan, and any other outstanding itbe subject to staff approval before final recording of the plat. Sec by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mgyor Nee declared the motion carried unanimously. 3. PUBLIC HEAFiNG ON A VACATION, SAV #87-05, TO VACATE A DRAINAGE WAY, PART OF LOT 1 llDITOR'S SUBDIVISION NO. 88 GENERALLY LOCATED SOUTH OF RICE CREEK ROAD EA9T OF HIGHWAY 65 NORTH OF MOORE LAKE AND WEST OF CENTRAL AVENUE BY BRODY ASOCIATES, INC.: MOTIO2 by Councilman Schneider to waive the reading of the public hearing -5- COUNCIL MEETING OF JULY 6, 1987 MOTION by Councilman Fitzpatrick to table this item for a clarification from staff regarding the question of the reader board. Seconded by Councilman Goodspeed. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 16. RECEIVING PETITION NO. 3-1987 REGARDING POND IMPROVEMENT: MOTION by Councilman Goodspeed to receive Petition No. 3-1987 regarding th pond adjacent to St. Moritz Drive and request staff to meet wi representatives of the City of Columbia Heights regarding this request th a report back to the Council. Seconded by Councilman Schneider. on a voice vote, all voting aye, Mayor Nee declared the motion rried unanimously. 17. CONSIDERATION OF REVIEW OF A REQUEST FOR WAIVING THE ENVIRONMENTAL ASSESSMENT WORKSHEET ASSOCIATED WITH THE SPECIAL USE PERMIT FOR OUTSIDE STORAGE AT 4500 MAIN STREET: Mayor Nee stated the City staff requested an Environmental Asssessment Worksheet (EAW) associated with this special use permit application and a letter has been received from the attorney of the petitioner requestng this EAW be waived. Mr. Tony Spigarelli, representing Central Roofg Company, stated they have entered into a purchase agreement for the nor half of the property at 4500 Main Street. He stated in March, 1987, it; was made known to them by the City staff that a special use permit was needed for outside storage. He stated in staff's review of this speriial use permit application, Jim Robinson became concerned that the odor4 from the asphalt trucks may become objectionable to the residents in the/'area. He stated he met with staff and Councilman Fitzpatrick to show that%�here they intend to park these trucks on the site, there would be no problem to the residents as they would be about 900 feet away from any residence. Mx. Spigarelli stated they eed there should be some testing and Twin City Testing was hired to do an alysis and their findings were submited to Jim Robinson and much to his rpise, the report was rejected. He stated Mr. Robinson stated he wante an EAW. He stated he then had Twin City Testing contact the Pollution ntrol Agency to obtain further information. Mr. Keith Govro,Pr ect Manager, Twin City Testing, stated since their firm conducted the su ey at this site, he has been in contact with Mr. Chamberlain of e Pollution Control Agency. He stated two points should be made. He sta d a quantifiable methodology for odor emissions isn't pessible and he PCA guidelines for odor emissions do not apply to mobile emissions. Mr. Jim enson stated this parcel of land is ten acres with the south five acres occupied by Rubber Research Elastomers, Inc. He stated Central Roof'ng wishes to locate on the north five acres and there has always been ou ide storage in this area. He stated in discussions with Jim Robinson, ey were advised to apply for an outside storage permit. He stated the SFz COUNCIL MEETING OF JULY 6, 1987 13. RESOLUTION NO. 53-1987 APPROVING A FINAL PLAT, P.S. #87-04, KEN'S 1ST ADDITION, GENERALLY LOCATED SOUTH OF 77TH AVENUE, WEST OF MAIN STREET AND NORTH OF OSBORNE ROAD, BY KEN BUREAU OF ROSEWOOD PROPERTIES, INC.: Mr. Robertson, Community Development Director, stated the petitioner is being requested to plat this property because of the lengthy legal description. He stated the Planning Commissionhas un nimously recommended approval of the plat with three stipulations as foll ws: (1) park fee of approximatly $8,937 to be paid prior to recording p at (exact amount equals sq. ft. x .023); (2) developer to supply a ten foot bikeway/walkway easement along Osborne Road, subject to St. Paul ;dater Works concurrence (incorporated on revised plat received 6/10/87,.); and (3) provide additional right-ef-way (25 foot triangles) at the corners of Osborne Road and Main Street and 77th Avenue and Main Street /(incorporated on revised plat received 6/10/87) . Mr. Robertson statp/d the developer agrees to these stipulations and they are attached as E�iibit A to this resolution. MOTION by Councilman Goodspeed to opt Resolution No. 53-1987 with the stipulations attached as Exhibit A Seconded by Councilman Schneider. Upon a voice vote, all voting aye, ayor Nee declared the motion carried unanimously. 14. RESOLUTION NO. 54-1987 APP N G A LOT SPLIT, L.S. #84-04, TO SPLIT OFF THE 2. SPRING VALLEY ADDITION, BY CYNTHIA BRAAM: Mr. Robertson,/ions Development Director, stated the Council approved this lot split4, 1984 and, apparently, a resolution was never passed or the never recorded the lot split. He stated it is requested the nsider this resolution to approve the lot split with the same stiputached on June 4, 1984, plus a park fee of $750 or current rate abuilding permit. Mr. Tom Briq�Cner stated the reason for the split is for future development which may r may not occur. M/nimously. y Councilman Schneider to adopt Resolution No. 54-1987 with the sions attached as Exhibit A. Seconded by Councilman Fitzpatrick. Uoice vote, all voting aye, Mayor Nee declared the motion carried u 15. CONSIDERATION OF A SIGN PLAN FOR THE RIVERBOAT SHOPPING CENTER, 7899 EAST RIVER ROAD N.E.: Mr. Robertson, Community Development Director, stated in April, the City received a sign permit application for one of the tenants of this shopping center and it was found they didn't have a comprehensive sign pl-an for the center. He stated a sign plan was submitted on June 22 and staff recommends approval. Councilman Fitzpatrick stated if the reader board is part of the sign plan, he felt it should be reviewed as he questioned if they were permitted. -11- 3 � PLANNING DIVISION MEMORANDUM GTYOF FRIDLEY MEMD M: Jim Robinson, Planning Coordinator Jock Robertson, (bmunity DeveloFment Coordinator City Council Members W D FROM: Kathlyn Castle, Planning Assistant R 3ARDING: Riverboat Shopping Center Comprehensive Sign Plan MEMD DATE: March 23, 1988 1'..6. we .1, Mr. Walter Klus, owner of Riverboat Shopping Center, came before the City Council on March 7, 1988, to altval the Council's decision on the Center's Comprehensive Sign Plan. This decision approved the plan with two stipulations. The first was that the readerboard be deleted from the sign plan, because it is considered a temporary and not a permanent sign. The second stipulation stated that future sign permit approval be based on the implementation of the landscape plan. Council decided that the landscape stipulation should be deleted as a part of the approved plan since it had no relevance to signage. Council also decided that Mr. IQus must comply with the Sign Ordinance regulations by revacving the permanently installed readerboard. .. Staff has worked with Mr. Kufs for the past three weeks on completing these i toms. REOXNENDNTION Staff reoorrrnends that the readerboard be regulated as a temporary sign as per our ordinance. The sign ordinance states that temporary signs are allowed three times per year per business for nonconsecutive 10 day periods. This portapanel has been used by the shopping centers seven businesses for a[ -proximately 90 days this year. As a whole, the shopping center could use a temporary sicji for up to 210 days per year. Therefore there are approximately 120 days left in the year for a permitted temporary sign. Staff is recommending that each tenant be allowed to use a temporary sign two more times this year for nonconsecutive 10 day periods. In order to make the sign actually portable staff feels the sign should be removed from its implanted state by April 150, 1988. Request Council direct staff to take the appropriate legal action to secure compliance with the above outlined course of action. Staff also discussed two landscape options with Mr. Klus. The first is to implement the present landscape plan which was approved in 1978. The second is to implement a landscape plan which was designed by the City Landscape Architect. Mr. Klus stated that he will have bids on each plan and determine which will be implemented. M-88-62 ....-.nw , :.. "�+..�,:r,...�^+sw.....swen^�«+'+w)wa^Z��.�'Rfi"R'�S^•V�@�`"WS':".^NM1:'�Y:: M1. .. a.,d ..� GNOf FRIDLEY CIVIC CENTER • 6431 UNIVERSITY AVE. N.E. FRIDLEY, MINNESOTA 55432 • PHONE (612) 571-3450 February 24, 1988 Mr. Walter Elus 7017 Valley View Drive Edina, Mn. 55435 RE: Signage for the Riverboat Shopping Center, 78-49 East River Road Dear Mr. Kl us : Enclosed you will find information regarding the City Council's action on the Riverboat (bmprehensive Sign Plan. It is unfortunate you were not aware of the Council's decision concerning this matter. Reconsideration of the Comprehensive Sign Plan is being scheduled before the City Council on March 7, 1988. At that time, your opinions can be heard. Staff sutmitted the Comprehensive Sign Plan to City Council for approval on July 6, 1987. This item was tabled do to a discrepancy in the plan. The plan was later submitted and then approved on July 20, 1987 with two stipulations. These were: 1. The deletion of the words "plus the detached separate reader -board sign" under item A-1 if the sign specifications and entirely delete Item A-2 of the sign specifications. 2. Approval of future sign permits are contingent upon implementation of the approved landscape plan for the shopping center; on file at City Hall. Section A-1 and A-2 were revised because of a technical discrepancy in sign definitions. Originally, the plan included the reader -board as a permanent sign which was to be used by tenants on a rotating basis. This was deleted because the reader -board is actually considered a porta-panel which is a temporary sign and should be regulated as one. The second item was attached as a stipulation because the property had never been landscaped as agreed upon. The original Building Permit for the property included a list of 14 stipulations which contained the implementation of the approved landscape plan. Minimal landscaping was installed at that time, but much remained to be completed. For the last lu years, the City has been working with the past owner of the property, R.C.E. Corporation, to install the landscaping. Unfortunatley our attempts have not been successful. This explains stipulation #2 to the Comprehensive Sign Plan. I hope this information will give you a can be of any further assistance, please I hope we can work together in resolving Sincerely, Kathlyn Castle Planning Assistant C-88-54 good bacxgroud of the situation. If I call. I can be reached at 571-3450. this item soon. k' ffY f. V o- T �M?An ti EF 1 -- mss^ � T�� w • b � 7 — — -- 1 � ol^ o F to � re r P.nn i f. V o- I=1 FnntF �M?An ti EF ��' lFt Q;n`•,}}� f mss^ � T�� i FnntF �M?An ti EF ��' lFt Q;n`•,}}� f mss^ � T�� w • b � 7 i Ilia Ul LA to N i I � SQ nY 'O � I.,.'Y • � .T'..� ''•. a r I� 4 R r Z;19zs�1 FFFg F � r !i iROP>�na7� 'i. 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