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12/03/1984 - 00012082�� � ,.;'° � • •�r1 i • •_n_� �4 ��11� • � M� r The Regular meeting of the Fridley City Council was called to order at 7:35 p, m. by A7ayor Nee. PLIDGE OF ALLF]GIANCE: Mayor Nee led the Council ana auchence in the Pledge of Allegiance to the Flag. ROLL C11IS. • MEI�ERS PRESEPTi': Mayor Nee, Coimcilman Barnette, Councilman Schneider, Gouncilman Hwnernik and Coimcilman Fitz�trick MEL�F�; ABSENT: None � �I�� N �i7�I�75�G1�h.�7►A Mr. Roy CLark stated he was the Director of Trans�rtation for the Federal Cartridge Corporation, which was a member of the Sporting Arms and Arununition Manufacturers' Institute, commonly referred to as "SAAPII". He stateu he ckiaired the Traffic Committee of SAAMI and in the last year worked very closely with the Fridley Fire Department in the creation and distribution of the F]nergency Res�onse Unit Training Aide called "Sporting F,nununition and the Firefic�hter". This video tape and slide presentation dispelledl the myth created mainly by the entertainment industry that sporting ammimition exploaes in mass when in a fire or that a handful of cartridges thraan into a campfire will shoot all the bad guys for miles around. Mr. Clark stated he was representing Mr. Harry L. Hampton, Executive Director of SAfiN1t, who could not be at this meeting. He read a letter dated idwenber 26, 1984, fraa D7r. Hampton expressing SAAMI's sincere thanks for the significant contribution the menbers of the Fridley Fire De�rtment had made to public safety interests on a national scale. Mr. Hampton stated that a plaque comn�iorating the Fridley Fire De�rtrnent's efforts has been specially pre�red for the De�rtment's display. A check was enclosed to serve as seed money for an audio visual equiKxnent fund to benefit all me�nbers of the Fire De�rtrnent of the City of Fridley. Mr. C1ark stated he waul.d echo Mr. Hampton's letter. Chief Aldrich, Ch,ief McKusick, and every manber of the Fridley Fise Dep�rtment can and should be proud of their acoomglishments in making this training aide. He and others fran SAAMT and Federal Cartridge who worked with then on the project found them to be efficient, cooperative, courteous, and enthusiastic professionals. 2'his video tape has been we11 received in the United States, Germany, Europe, and Canada. SAAMI has f urnished f ree of charge one cop� to each of the 5Q states' fire marshalls. The November issue of Fire Engineering Magazine carned an article by Chiefs Aldrich and McKusick about this training aide as the f eature story. -1- � � � _� �� 1\ _ �_ 4� � 1�. • � M_.4� � Mr. Clark presented the plaque to I�yor Nee and City Cpuncil members. Tl�e glaque stated: "In recognition of the research and praduction of the film, "Sporting Ammunition and Firefighter", an educational medium for the nation's fire service and transportation industry. This awara of appreciation presented to the City of Fridley Fire Department. The dedicated efforts and achievements of the Fridley Firef ic�hters are gratef ully acknowledged by the Tnstitute presented the 3rd day of December, 1984, by the Sport�.ng Axms and Anunuattion ManuEacturers' Institute". Mayor Nee thanked the Sporting Anns and P.mmunition Manufacturers' Tnstitute for this award. He stated the Council was already very much aware of the outstanding service of Chief Aldrich and Chief McKusick. Tt was an outstanding plaque, and the City of Fridley appreciated it. Mr. Clark presented Chie.f Aldrich with a check in the amount of $500 from SAAMI to the Fridley Volunteer Firef iqhters Relief Association for audio visual equignent. Mayor Nee congratulated Chief Aldrich and Chief McRusick and thanked then for taking this leadership. ' ��G _ � Council Meeting. Nov�nber 31 1984: Nt�TION by Councilman Barnette to approve the minutes of tkie meetiny of Nwenl�er 3, 1984. Seconded by Councilman Fitz�atrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Council Meeting of November 19. 1984: Ni�TTON by Councilman FitzFatrick to apixwe the minutes of the meeting of � Nov�nUer 19, 1984. Seconded by Co�mcilman Schneider. Upon a voice vote, all voting aye, Mayor Nee �clared the motion carried unanimously. APPRO�/lii, OF AGENDA: Mr. Qureshi presented a letter fresn Kim Olson, North Star Video, whicri had been received by the mayor. NDTION by Councilman H�nernik the agenda and to adopt the Schneider. Upon a voioe vote, carried unanimously. ••�+ •• ��• to add reoeiving the letter fran Ms. Olson to agenda as amenc�ed. Seconded bp Councilman all voting aye, Mayor Nee declared the motior. Mr. Mark Kroll, 123 - 63rd Way, stated the last five years. As a resident of of prosti.tution has been able to move : years, As a neighbor of this uarnoral + -2- � he has taeen a resic�nt of Friclley tor Fridley, he was outraged that a house nto Fridley and flourish for three nd illegal establishment. he feared , i , r ; lj.Js r �� I� ul 81 1�� • � M ul' ' � L��] for his property values and his family's privacy as neighbors have been propositioned by custaners of this house of prostitution, its mere presenae was an awkward contradiction_ to the moralaty in which he is trying to brinq up his family. Mr. Kroll statecl he would like to oomniend the City of Fridley for its public stand against this kind of establishmerit. �te City of Fridley has enacted strict legislation regarding the operation of massage parlours, saunas, and like businesses. More recently, the City enacted an ordinance to f ine ar,y � business which has three or more convictions for prostitution or prostitutiorrrelated offenses on its prenises within a two-year period as a nuisanoe to the community giv�.ng the City the right to close it down. NIr. Kroll stated that on Thursday, Nwenber 29, 1984, the City of Fridley Police Departrnent made its first arrest of prostitution under this ordinance. He would like to thank the Police Department of the City ot Fxidley for its swift action in this matter. ATOthing would please him more than for this blatant, illegal operation to leave Fridley. He would urge the Ca.ty to make evexy effort to ensure that the second and third arrests are obtained as soon as possible. He was �onf ident every effort would be made. OLD BUSINESS: ORDINANCE N0. 823--AN ORDINANCE IIDIDER SECTION 12.07 OF THE CITY CHARTER TO VACATE STREETS ADID ALLEYS AND TO AMEND APPENDTX C OF THE CITY CODE (SAV #84-03. MINCO PRODUC.TS. BY RARL SQ3URR1 [�DTTON by Councilman f?anern�.k to waive the secorid reading of Ordinance No. 823 for vacatic�n request, SP.V #84-03, and acbpt it on the sewnd reading and order publication. Secor�ed bp Councilman Fitz�xtrick. Upon a voice vote, all voting aye, Nayor Nee declared the motion carried unammously. 2. ORDINANCE N0. 824—AN OR➢INANCE [JAIDER SECPION 12.07 OF THE CITY CHARTER TO � VACATE STREETS AND ALLEYS AND TO AMEND APPENDIX C OF THE CITY CODE fSAV #84-04. KA7Hi' ADID THOMAS SHEL7+DN) M�TION by Councilman Schneider to waive the second reading of Ordinance No. 824 for vacataon request, #84-04, and adopt it on the second reading and order publicat�.on. Seoonded by Co�mcilman Barnette. Upon a voice vote, all votina ave. Navor Nee decZarec7 the motion carried unanimouslv. NEW B[TSINESS: CONSIDERATION OF SPECIAL USE PERMIT SP #84-23f TO ALLOW A REPAIR GARAGE IN HOLLY CE�TPER QiAMPION i1UD0 REPATR GARAGE BY DOiTGLAS KRASKA• Mr. Flora stated this item was presented to the Planning Commission on Ivovanber 28, 1984 ar�i has been submitted to the City Council because the petitioner has requested expeditious action so he can oonunenoe the necessaxy work for the holiday season. He stated the proposal was to allow a repair -3- r � � •� f, � yl • 1 M51y1: ' ' : � garage in Holly Center located on the northwest corner of Mississippi and University. The plan was to utilize the existing spsce in the rear of the building which is to the rear of the Chaz��pion Auto Store far a repair garage. The garage would consist of three bays. Mr, Flora stated that at the Nwenber 28 Planning Commission neeting, Mr, Kraska indicated the operation would employ two full time mechanics during the day and two �rt time mechanics in the evel�ing. They would operate during the normal business hours of the Ch�npion Auto store. The Flanning Commission recammerxled apprwal, with one abstentian, of the s�ecia7. use permit with three stipulations. CAUncilman Barnette asked if there would be any sic�age. Mr. I{s aska stated the3 were thinking of the possibility of a siyn on the west side of tYie buildinq to designate that sexvice was to the rear. Most customers wil be aoming through the f ront of the bulding where the sexvice orders are written up, and then the mechanic would be driving the vehicles around to the rear of the builcl�.ng for service. Mr. Flora stated there was one resident iran the neighborY�ood who expressed conoern about the noise level. The petitioner responded that the qzrage cbors would be kept closed most of the time znd the vehicles wculd be test driven in a professional manner. Councilman Fitz�atrick stated it was unusual for the Council to be takiny action without the benefit of the Plannincs Commission minutes. Mayor Nee stated he did not think the noise un�ct would be ariy s�re than it is now. Councilman Hvnernik asked the petitioner if the rep�ix garage would be air conditioned. b1r. Kraska stated it would not. Councilman Hamernik stated then the ci�ors would probably be open in the sur¢ner at certain times, Mr. Kraska stated he supposed there would be times wher� tl;e c7oors were open. Generally, the tune-ups and related-type work would ma}:c- no more noise than a lawrmaaer. Mr. Scott, Jackson, Scott & Associates, stated he was the [�anayer and Leasing Agent for Holly Center. He stated he believed the resiclents to the north were aver 200 feet frcm the building and the residents to the west were about 100 feet from the building. NDTTON by Councilman Fitz�atnek to concur with the recommenc7ation of the Planning Commission and grant special use permit, SP #84-23, witl: the follaaing stipulations: 1. The hours of operation should coincicle with the retail operat�.or.. 2. Any hazarcb us waste be managed in a manner oonsistent with State Law, this to include registering with the County. -4- s� i� �1 1 � � ���� 4� 5 6. N L __ VI I.�i • � I: '�4%�:�i 3. No outside storage be allowed. Seconded by Councilman Hamerr,ik. Upon a voioe vote, all voting aye, Mayor Nee declared the motion carried unanimously. RECEI�nNG 'IHE NLPnTT'F'S OF Zf3E CATV ADVISORY COMP�IISSION MEETTNG OF NOVEMBER 15 . 1984 : N1�TTON I�� O�unczlman Barnette to receive the minutes of the CATV Advlsory Canmission meeting cf Novenber 15, 1984. Seoonded by Councilman Hamernik. Upon a voi� vote, all voting aye, Mayor �Iee declared the motion carried unanunously. RECEIVING THE MINU'i'FS OF THE CHARTER COMMISSION MEETING OF SEPTEMBER 17. 1984: N1�TION by Councilman Schneic[er to receive the minutes of the September 17, 1984, Charter Canmission meeting. Secorxied by Councilman Barnette. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. A. Setting Public Hearing on Amending City Charter for January 7,1984: MOTION by Councilman Schneic3er to set the public hearing for �nend- ing the City Charter for Januaxy 7, 1984. Seconded by Councilman HaQnexmk. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unani.mously. � • � ••� •� � �a• :� �� �• � .�• •.��� � �� •• •� �-��� Mr. Flora stated this lot split was for the northerly portion just south of 61st Way. The property has naa l�een surveyed and in orc�r to record the lot sglit with the County, it requires a resolution by the City Council. NDTTON by Councilman Fitz�xtrick to adopt Resolution No. 134-1984. Secorided by Councilman Barnette, Upon a voice vote, all voting aye, Mayor Nee declarecl the motion carried unanimously. • • • :� •• � n � �. � � i � : •� ��� •� • • � �•, • n � ��� u 1 � • � • u � � �� �_� ` � P�DTIOPd by Councilman Schneider to adopt Resolution 135-1984. Seconded by Councilman Hamernik. Upon a voioe vote, all voting aye, Mayor Nee declared the motion carried unanimously. ..• i� �. � NDTTON by Councilman Barnette to concur with the appointment of the city Qnxil.oyee. �conded i� Councilman Schneider. Upon a voice vote, all voting -5- � � � � � � � •�,J�i � _�, • � « r ••• aye, Mayor Nee declared the motion carried unammousl_v. NA�'E POSITION SALARY IY1TE REPLA(�5 Sandra G. F�terson Qerk Typist $1,C�20.38 Novenber 26, Lynda 7481 ➢rew A�e. N. (ity Managr per 1984 Averecte Brooklyn Park, NY�I ment month 55443 �� n �� • - �:� �- � r � a � . � � a� :�. ..�� •�• M •• Mr. Flora stated this was another itan th�.t was presented at the November 28, 1984 Planning Cw�¢nission neeting. It dealt with a change in the pylon sicpz for Sob's Produoe located on the northwest corner of University and Osborne. The petitioner has re�uested a change in the existing pylon sign fran 18D sq. ft. (10 x 18) to 165 sq. ft. (11 x 15). Mr. Schrcer requested this itan be presented to the City Council in order tc allaa hun to get the new si� up for the holiday sa].es season. Mr. Flora stated it was the petitioner's intent to replace the existing fre�standing sign which has a message board attached to it with an autanat�.c changeable si�. Varianoes were issued ior the existiny sign in August 1972 which included an increase in heiqht frrn 25 feet to 28 1/2 feet and to increase the maxim�nn area of a free-starYding sign from 1p0 square feet to 276 square feet. The present pro�osal would reduce the square footage to 165 square feet. The intent is to place the new siyn on the existing g�lon and maintain the existing hei }zt of 2B 1/2 feet. Mr. Flora stated Mr. Schroer has indicated swne m��or redevelognent within the next year. At the Navenber 28 Planni.ng C�nmission meetiri�, the Plaiuung Canunission recommerxled apprwal with the follaa�.nc� ten stipulations: 1. Curb all hard surface areas with six-incY� poureci concrete curbing. Rep�ir and replace all damaged cur6 - to be done by June 1, 1985. 2. Prwide hard surface for all areas being used 1� vehicles - to be done by June 1, 1985. 3. 2�nwe and raaintain all refuse and debris fran the north side of the building - as soon as possible. 4. Prwide five foot setbaeks frcm the builcv.ny for p�rking areas - to be done by June 1, 1985. 5. Prwide more landscaping, especially alcng Osborne Road. R�t�.tioner to work out landscaping plan with the City - to be cbne by June 1, 1985. � �� f7 '� r��tt� �� J� I • � M yl: ' 6. Reduae veliicle entrance to 32 feet m�imun - to be done by June l, 1985. 7. Renwe a11 advertising si�s frcan water works riyht of way and �rking lot - as soon as possible. 8. �nwe the "Meat �7arket" wall si� - as soon as possible. 4. Tl�e message sha7.1 not change more than onoe eveiy 15 minutes and the message shall be norrmoving during this 15 minute interval. � 10. Prwide the Ctty with a$10,000 performanoe bond. Mr. Schrcer stated there were a lot of stipulations he could not meet. Regarding the curbing, a couple of years ago, the County and the City wanted to widen Osborne and move the curbing back. So, he couldn't put the curbing in at that time, Tf he put curbing on the lower northern part underneath the sicyl area, it would hold water as all the water flaas to that area. Ae state� he would have no problan with putting in the curbing on the north end if the dra�.riage could be fixed. Mr. Schroer stated one of the stipulations was for a 5 foot setback fran the builcltng. If he did that, he would not meet the parking requirenents the City establishec3 15 years ago. Another problem was reducing the driveway entran�. He did not think the width of the present driveway was a problan. �e City set the width and naa thEy want to change it. He would be willing to mal;e these changes if the City wants to �y for then. Mr. Schroer stated he had a problem with landscaping along Osborne Road because of the St. Faul Water F7orks. At one time he had trees planted there and because they were deeper rooted trees than the Nlater Works allows, he had to renove then. He then replaced than with his wagon motif. Mr. Schrcer stated there will be quite a few changes within the next year. � Franit's Nursery toi11 he moving out October 1, 1985, and he will be taking over the nursexy portion. Th� wLl.l be planning extensive r anodeling both on the inside and on the outside. Mr. Schrcer stated there was also a stipulation that the area north of the building be blacktopped. He stated he put in Class 5 a few years ago to make it p�rkable. This portion of property did belong to him, but was not part of the parcel they are addressing now. He was working on some prel uriu�axy developnent for that area also. h9r. Schroer stated that in adcl�.tion to the special use permit for the sign, he will be requesting a varianoe for the changeable sicyz. Mayor Nee stated he thought the wagons on the bouleaard along Os6orne Road were unique and added to the character of the area. He was not sure Nr. Schroer sho��ld be required to take down the "Meat Market" sign as it was irnportant for his business. -7- � � � � �� 1\ Il� � \ • � M�I41• • Councilman Fitzpatrick stated he questioned the 32 ioot wide driveway entranoe, Thexe was already a problem cominq out of the parking Iot and then turning onto Osborne. Mr. Flora stated that the code requires z maxlmim2 32 icot entrance way. This alla,ts for bettex identification of whexe the leit and ric�ht turn lanes are. When there is such a larr�e expanse, it is difficult for drivers to determine which lane to be in. The City is requesting the opem ng be narraaed so thEy can allaa only two cars to use the driveway. Councilman H�nernik stated that if they narrow the driveway, they might create a different type of hazard and it migi�t be a wor:�e hazard. With tha �rking lot laid out the way it is, there would be more obstructior and it would not allaa for as free a flaa. Mr. Flora 5tated that as Mr. Schroer had indic:ate�, the County had planned to imprwe Osborne Road fran University to East P.ieer Raad. Dlow it looked like that miqht be cbne in 1986. N�iybe that would be an opportune time to address sane of these things. Mr, Qureshi stated there was def initely a problem with drainage in the �rking lot. The City oould work with Mr. Schroer ta correct that problem. Mr. Schrcer should fix all the potholes in the �arkinc� lot so the drainage would go to the northeast area where a hole could be dug for dra�.nage. The City will allaa an overflaa structure so the flow will go into the catch basin on the service road. P7r. Qureshi stated Mr. Schroer should provide cur6ing in that area and some additional parking on the east and north �rking lots. Just a snall area would be used for c7r•�nage; the rest would be used for p�rking. Mr. Schrcer should sutmit an overal.l plan w� thin the next 4- 6 months, and the� will work with hun on a tunetable for the whole property. Mr. Schroer stated he would be willing to work with the Ca.ty of these itsns. He stated he should haae the plans ready by P�tay 1, 1985. He thought the �rking lot repair would have a bearing on haa the building is ra�odelec. [�DTION by Councilman Hamernik to concux with the recommendatian oi the Planning Commission and grant special use permit, SP #84-24, with the follaaing stipulattons: 1. Prwide an overall plan for the proper�y by June 1, 1985. 2. The drainage of the �rking lot and the curba.ng on the north be completed no later than July 198fi. 3. Renwe and maintain all refuse and debris fran the north sicle of the building. 4. The message shall not change more than once every 15 minutes 1nd the message shall be norrmov�.ng during this 15-ninute inteival. � r %1{y=h Kl � 3 �) -' •� �, �i_ a� �, • � ��: • : �! 5. Prwide the Caty with a$10,000 performanoe bortd. Seconded by Councilman Fitz�trick. Upon a voice vote, all voting aye, Nlayor Nee declarecl the motion carried unanimously. �r � �MM • ��u u � �� � �•.� Yw • � • NDTION by Gouncilman Barnette to receive the letter fram FC�.m Glson and refer it to stafi for a legal opinion on the status of the graridfather protection on signs that change in content and the affiliation of the business relationship. Secor.ded by Councilman Schneider. Upon a voice vote, all voting aye, P9ayor Nee declarecl the motion carried unanimously. 10. LICENSES• D70TION knI Councilman Barnette to apprwe the licenses as submitted and as are on file in the License Clerk's office. Seconded by Councilman Schneicier. Upon a voioe vote, all voting aye, Nlayor Nee declared the motion carried unanimously. 11. ESTIMATES: NY�TTON by Councilman Fitz�etrick to approve the estimates as sukmitted: I-:alvorson Construction Can�ny 4229 - 165th Avent� Wyaning, N7V 55092 FINAi, ESTIMATE 1984 Aisc. Curb & Gutter & Sic�walk Architectural �17.liance 400 Clifton Avenue S Pi�nneapalis, PN 554Q3 FINAL FSTIMATE �blice Sally Ik�rt H & 5 AsFhalt 1700 Industry Avenue Anoka, NN 55303 FINAL ESTINTATE StreEt Pro7ect - 1984-1&2 Euqene A. Hickok and Assoc. Inc. 545 Tn�ian Mound Wayzata, Minnesota 55391 � $1,443 .34 $2,000.00 $53 ,807 .63 � � � � � � ....��� _ ,��_� _ . � « ��: • Moore Lake Restoration Pro�ect II Professional Seivioes - October 1984 $3,217.08 Seconded by Councilman Schneider. Upon a voioe vote, all voting aye, M,ayor Nee declared the motion carried unammously. 12. CZAiMS: NDTION by Councilman Schneider to authorize the �yment of C1au;�s i]o. 308510 - 335V05. Seconded by Councilman Barnette. Upon a voice vote, all voting aye, Nlayor Nee declarecl the motion carried unammously. : � � ;si i N10TIQN by Councilman Barnette to ad�ourn the rneeting. Seconded by Councilman Schneider. Upon a voice vote, a7.1 votiny aye, Mayor Nee declarec: the motion carried unanimously and the regular meeting of the Frictley City Council of Dec�nber 3, 1984, ad�ourned at E:55 p.m. Respectfully sutmitted, Lynne Saba Secretazy ta the City Council Apprwed: -10- 4dilli�i J. Nee P��yor ���P,�