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11/07/1983 - 00012428_s t. 'v THE MIN[JTFS OF THE REGCTT AR MEF'�' OF FRTD FY TZ'y N T OF NO MB R 7 1983 �e Regular Meetinq of the Fridley City Council was called to order at 7:30 p.m. by Mayor Nee. PLIDGE OF ALS,EGTANCE: Mayor Nee led the Council and audience in the Pledge of Allegiance to the Flag. ROLL CALL• MII�liBERS PR�SENT: Mayor Nee, Councilman Fitz�trick, Councilman � Hamerruk, Councilman Schneider and Councilman Barnette r. : i:_ � �. ...,� �_. �l �� s��.� .. MOTION by Co�ncilman Schneider to approve the minutes as presented. Seconded by Councilman BarneLte. Upon a voice vote, all voting aye, Mayor Nee declared the motion carraed unanimously. ADOPTION OF AGEPIDA: The follaaing items were added to the agenda: (1) Public Hearing on an On- Sale Beer License for Pizza Flame; (2) Consideration of Resolutions Regarding Construction, Ordering Improvement, and Advertising for Bids for Sanitary Sewer and Water Pro�ect No. 141; and (3) Consideration of Approval of So]icitor's License for Nlinnesota Nuclear Freeze Campaign Committee. MOTION by Councilman Fitzpatrick to adopt the agenda with the above additions. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried uttanimously. ' OPEN FORUM. VISI�RS: Mrs. Lorna Holm, Past President of the VFW Post 363 Auxiliary, and Maxine Nystrrnn, President of the VFW Post 363 Auxiliary, appeared before the Council concerning a donation to the City of a drinking fountain for the handicapped in the City plaza. Mrs. Holm introduced other members of the VFW who were present. They were R.ay and Phyllis Menard, Floyd Pu17u, and Frank Holm. Mr. Holm stated Phyllis Menard had brought the matter of this fountain to the attention of the VFW Auxiliary and brought the item on their floor for discussion. She stated the VFW Auxiliary wished to present a check to the City for $1,500 to cover the cost of the fountain. � ��"r,l� � �. • ►�ll�+yl:�S ': 'TeI�i!a Mayor Nee thanked them on behalf of the City for their contribution. Fle stated the VEW and VFW Auxiliary Post 363 have given so much to the City and it is greatly appreciated. Mr. Leo Carda, 6443 East River Road, appeared before the Council regarding an unpainted fence across the street from his property. He questioned if there were any ordinances or any ordinances could be passed in order te have this £ence �inted, as he felt it was an eyesore. He stated he has offered to help the owner paint it and pay for half oL- the cost of the paint. � Mr. Herrick, City Attorney, stated he felt the City can require a property avner to maintain a fence so it is structurally sound, but whether the fence is p�inted or weatherbeaten probably depends on a person's personal preference, � � He stated the Inspection Department could check, however, to see if there are any code violations. Councilman Barnette asked if the ferice was in need of repair. Mr. Carda stated he wasn't here for this reason, but '�o have it painted to beautify the City. blayor Nee stated in order for the City to defend an ordinance it has to deal with the health, safety, and welfare of the residents and felt the City would have trouble enforcing an ordinance dealing with the aesthetics. It was the 9eneral concensus of the Council to have the Tnspection Departrnent look at the fence and for Mr. Carda to be notified regarding tkte inspeetion. � � ; � _ 1 ��s_ � �� IRiJ�4f��a:�)f�w�s �I��r��liw:i L �i� w � � : P�OTION by Councilman Fitzpatrick to table Councilman Schneider. Upon a voice vote, declared the motion carried unanimously. f�L�3R.�b9��l�1�X9 this item. Seconded by all voting aye, Mayor Nee i. U �. _:_C_ 4�1_.�MI •\ L� _ !. l�. IU • �1 YY � �.Ml�. •' P�OTION by Councilman Schneider to receive the minutes of the Cable Television Commission Meeting of October 13, 1983. Seconded by Couficilman Barnette. Upon a voice vote, all voting aye, h7ayor Nee declared the motion carned unanimously. Councilman Barnette stated he had a call from a resident on a program that appeared on Channel 30. He stated, apparently, this was a very biased program politically, and the person calling asked who screens what appears on this channel. Mr. Qureshi, City Manager, stated this channe3 is a news channel and the Ctty has no control over what is shawn. % :"� L 2 , ., �� . � � /�: �• • • ..:� � �1� :� ��, . 1 71�YY.: G l�l�l � �� Mr. Flora, Public Works Director, stated the Sign Ordinance requires that any three or more businesses in a single development must submit a sign plan. He stated a plan has been received for the businesses at 6501 Central Avenue and they are proposing to place internally lit signs on the mansard of the building, four feet high and the length to be determined by the allaaable square footage. MOTION by Councilan Schneider to accept and approve the sign plan for the businesses at 6501 Central Avenue. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried � unanimously. 4. IiPPROUAT.r OF SU&4I7'�'ED SIGN PL.AN FOR 7500 U�T'�'RBITY AVE[�nJE N F • rYr. Flora, Public Works Director, stated a sign plan has been received for the business develognent �ust north of the Post Ofice. He stated this developnent consists of three bays within a building and the plan calls for placing a 4 x 1b foot sign on the area above the windows for each oi the three bays. Councilman Hamernik stated, even though it is allowed by ordinance, a painted plywood sign doesn't sound very permanent and may require frequent m�aintenance, Mr. Flora stated the sign code requires the signs to be maintained and felt, if the sign plan is approved, the City has better leverage to make sure they are maintained in compliance with the code. Mr. Qureshi, City Manager, asked what the next best material would be to use instead of plywood. Mr, Flora felt a metal sign would be better than plywoad. Councilman Eamermk stated he feels this is inconsistent with some of the requests made in other areas. He stated, in scane areas, owners have framed � the signs to make th�n more uniform. Mr. Qureshi felt perhaps they coulc7 talk to the owner to encourage them to use a better matenel for the signs. Mr. Flora felt this is one item the Council may wish to take into consideration in revising the Sign Code, Mr. Qureshz stated the Council could approve the layout o£ the signs and staff could work with the owner regarding the material to be used for the sign, MOTION by Councilm-u'i Hamernik to accept and approve the sign plan for the businesses at 7500 Umversity Avenue, but to encourage staff to work with the property owner to develop a uniform, better constructed and more maintenance free sign plan for all the business locations in this developnent. Seconded by Councilman Fitzp3trick. LJ ��iJ1 I - _�.. • ��1/�i�l:�l' .. Mr. Herrick, City Attorney, stated he felt if this request troubles the Council they should probably upgrade the standard in the ordinance. He stated he has no trouble with the motion the way it is worded, however, if the owner refused to upgrade the sign, he would have a problem with it, as it does not meet the ordinance requirements. Councilman Hamermk stated he would feel comfortable with staff working with the property owner to see if an agreement could be workec3 out for a more substantial sign for the develo�anent. U1�N A VOICE VOTE TAKEN ON THE ABOVE MOTION, all voted aye, Mayor Nee � declared the motion carried unanimously. MOTION by Councilman Hamernik to direct staff to review the materials used for signs when revisions are considered to the Sign Ordinance. Secondecl by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. • �� ': i�4.�: �. ,i � • ' ' ��± •� _� ... �� •1� �; :�� • � � �_ �� 5� _ �� •� P+lr. Inman, City Clerk, stated this splitting of assessments ii for Stuart Anderson's Cattle Comg�ny Restaurant. He stated notification was received by the County that this has been recorded and the Council has to approve splitting of the special assessnents. h10TION by Councilman Fitzpatrick to adopt Resolution No, 1�2-1983. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. .`• � � , � �S '� �� : � •. � ,�. blayor Nee stated this public hearing was advertised on October 26, 1983. � MDTION by Councilman Fitzp3trick to waive the reading of the pul�lic hearing notice and open the public hearing. Seconded by Councilman Hamernik. Upon a voice vote, all voting aye, Mayor Nee declaxed the motion carried unarumously and the public hearinq opened at 7:55 p.m. Mr. Imnan, City Clerk, stated the beer license is for the property at 317 Osborne Road which was formerly Park Pizzeria and Big B's Pizza. He stated the owner previously had a l�.cense in the City and the Police Department and staff recommended approval of the license. No persons in the audience spoke regaxding the lssuance of this license. MOTION by Councilman Hamernik to close the public hearing, Seconded by Councilman Schneider. Upon a voice vote, all voting aye, P7ayor Nee declared the motion carried unanimously and the public hearing closed at 7:57 p.m, � F��1 s'h } ) �� ) l� � , � /�I: 71• • : �� • ,I 1 •: � •� • � S�_ �. ' � r.• 'JI I \� 'l� P, 1�. ' i a ii \ •\ � • �� ' �, • .Y._ � ':A l� M�P4. :\. sC .1� '.t� 4 ' PZr. Qareshi, City Manager, stated this request involves the developnent the Council approved at the last meet�.ng for khe construction of a Superamerica service station. He stated the full cost of the improvement will be paid by Superamerica. 1�IOTION by Councilman Barnette to Receive Petition No. 6-83 from Ashland Oil, parent comp�ny of Superamerica requests a sanitary sewer lateral for the property located between 72nd and 73rd Street on the east side of Highway #65 and also request the construction of a Erontage road around their property between 72nd and 73rd and Resolution No. 103-1983. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. � � • � � � � . • • � • � •'�� y �� ' ►i� ��- ' _�� ' �u • � � �� _�� ,1�: •�� Motion by Councilman Barnette to adopt Resolution No. 104-1983. Seconded by Councilman Schneider, Upon a voice vote, all voting aye, Mayor Nee declared the mation carried unanimausly. • , • • 1 •: •+� '•� �.U?�� •'� • 3� � u ••� �, , • • • : � � �l�' '�� ; , MOTION by Councilman Fitzpatrick to adopt Resolution No, 105-1983. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor �lee declared the r�tion carried unammously. 6. APFOIN'It�JENT - CITY ENIPLOYEFS: 7 [�TION by Councilman Schneider to concur with the folowing appointments by the City Nlanager. \ i 41. Bradley Pearson 16835 5th St. No. Lakeland, NA7 55043 t� - _ � \ Police Officer Police Dept. � � � i C �-: �l � � ' M_ $1365 November 21, Waldemar per 1983 Olsen month Kurt Ray Morse Fblice Officer $1365 November 21, Ronald 1301 Chambridge St. Folice Dept, per 19�i Rischmiller Apt, #317 month Hopkins, MN 55343 Seconded Ly Councilman Hamernik. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. �� • '� �'� .� •: . : '• � •• �� Mr. Flora, Public Works Director, stated this change order would ancrease the pro�ect cost by $8,361.40 for a street overlay, � LJI , [� � � � ��.1� I � ��.- � ,� /��=�; PAGE 6 � � t * N1�TION by Councilman Fitzpatrick to authorize change Order No. ] for Street 7mprovement Project ST. 1983-1 with Hardrives Inc., Maple Grove, Minnesota by adding $8,361.40 to the original contract making the revised contract $254,568.10. Seconded by Councilman Schneider, Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. y- _� MOTION by Councilman Barnette to approve the estimates as submitted. Smith, Juster, Feikema, Malman & Haskvitz 1250 Builders Exchange Building Minneapolis, MN 55402 For legal sexvices rendered as City Prosecutor for the month of SeptemL�r, 1983 Pophazn, Haik, Schnobrich, Kaufman & Doty Ltd. 4344 IDS Center riinneapolis, MN 55402 For professional services rendered, Octobex 19, 1483 Highway Services 6317 Cambridge Street P�.inneapolis, F�IId 55416 FINAL EST7MATE 1983 Joint & Crack Sealing Pro�ect Hardrives, Inc. Maple Grove Fxecutive Center 7200 Hemlock Lane North Maple Grove, MN 55441 FINAL FSTIMATE ST. 1983-1 ST. 1983-2 E. A. Hickock & Associates, Inc. 545 Indian Mound Wayzata, MN 55391 $17,565.50 $10,424.81 Phase I $ 1,048.50 Phase II $ 1,574.08 t�5oore Lake Restoration Pro�ect for September, 1983 Monette Construction Com�ny, Inc, 2050 White Bear Avenue St. Paul, L'�II�7 55109 Community Plaza Project Estimate #7 * Cozrected at Council Meeting of Novemher 21, 1983 $ 5,087.50 $ 1,550.�0 $19,483.00 $27,990.31 $ 2.G22.58 $17,28$.07 ��.-� u:a� �. • �� r • • Seconded by Councilman Schneider. Upon a voice, vote, all voting aye, Mayor Nee Declared the motion carried unanimously. 9. LICEE[��ISFS: MOTION by Councilman Schneider to grant the soliciter's lzcense as requested by the lKinnesota Nuclear Freeze Cam�ign Committee and waive the fee. Seconded by Councilman Barnette. Upon a voice vote, all vating aye, h9ayor Nee declared the motion carried unanimously. 10. CLAIMS MOTION by Counciltnan Schneider to authorize payment of Claims No. 272581 through 310N10. Seconded by Councilman Barnette. Upon a voice vote, all voting aye, P�layor Ne� declared the motion carried unanimously. c� • •uu�l�1 MOTION by Councilman Barnette to ad�ourn 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 Dlovember 7, 1983 ad�ourned at 8:02 p.m. Respectfully submitted, p� U��-c�.�--�9-sL�d � Carole Haddad Secretary to the City Council Approved: Novem6er 21, 1983 William J. Nee Mayor � � �