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CCM 02/26/2001 THE MINUTES OF THE REGULAR MEETING OF THE FRIDLEY CITY COUNCIL OF FEBRUARY 26,2001 The Regular Meeting of the Fridley City Council was called to order by Mayor Lund at 7:30 p.m. PLEDGE OF ALLEGIANCE: Mayor Lund led the Council and audience in the Pledge of Allegiance to the Flag. ROLL CALL: MEMBERS PRESENT: Mayor Lund, Councilmember Barnette, Councilmember Billings, and Councilmember Bolkcom MEMBERS ABSENT: Councilmember Wolfe APPROVAL OF PROPOSED CONSENT AGENDA: MOTION by Councilmember Barnette to approve the proposed consent agenda. Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. APPROVAL OF MINUTES: City Council Meeting of February 5, 2001 APPROVED. NEW BUSINESS: 1. RECEIVE THE MINUTES OF THE PLANNING COMMISSION MEETING OF FEBRUARY 7, 2001: RECEIVED THE MINUTES OF THE PLANNING COMMISSION MEETING OF FEBRUARY 7,2001. 2. FIRST READING OF AN ORDINANCE AMENDING THE FRIDLEY CITY CODE CREATING CHAPTER NO. 129 PERTAINING TO TRESPASSING ON PRIVATE PROPERTY: Mr. Burns, City Manager, stated that this ordinance would allow property owners of certain types of properties to exclude individuals who have committed a crime on that property, or have violated its rules of conduct, from entering their property. Tenants FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 26, 2001 PAGE 2 may also issue trespass notices. This also applies to areas of the property with restricted — access ("employees only"). The property owner or tenant issues a written trespass notice within thirty days of violation. It is a misdemeanor if the property is entered into within one year. If a violator re-enters the property, the Police may be called for assistance. This ordinance will prevent someone who has been evicted from a property from returning to that property. Mr. Burns stated that properties included in this ordinance are places of worship, malls and other retail spaces, hotels/motels, restaurants, multiple dwellings, office buildings, and theaters. The ordinance was reviewed by the City's Prosecuting Attorney and the City Attorney. Staff recommended Council's approval. WAIVED THE READING AND APPROVED THE FIRST READING OF THE ORDINANCE. 3. RECEIVE BIDS AND AWARD CONTRACT FOR 2001 STREET IMPROVEMENT (SEALCOAT) PROJECT NO. ST. 2001-10: Mr. Burns, City Manager, stated that the low bidder for the City's 2001 sealcoat project is Pearson Bros. Inc. from Loretto, Minnesota. The streets to be sealcoated lie between TH 65 and the City's border with New Brighton. The southern boundary for the project is generally Hathaway Lane. The northern boundary for the project is generally 69th Avenue. Staff recommended that Council receive the bids and award the contract to Pearson Bros. Inc. from Loretto, Minnesota in the amount of$126,990.64. This number is within the $180,000.00 budgeted for this work. RECEIVED BIDS AND AWARDED CONTRACT FOR 2001 STREET IMPROVEMENT (SEALCOAT) PROJECT NO. ST. 2001.10. 4. RESOLUTION NO. 14-2001 RECEIVING THE FEASIBILITY STUDY AND CALLING FOR A PUBLIC HEARING ON THE MATTER OF CONSTRUCTION OF CERTAIN IMPROVEMENTS: STINSON BOULEVARD STREET IMPROVEMENT PROJECT NO. ST. 2001-1: Mr. Burns, City Manager, stated that the City of New Brighton proposes to reconstruct the common boundary street Stinson Boulevard as part of their 2001 street reconstruction program. The project includes resurfacing of the roadway and the installation of concrete curb and gutter. City policy assesses at a rate not to exceed $15 per foot of lot width. Thirteen properties would be affected; eight properties would be assessed at up to a maximum of$1,200 each, according to policy. The proposed hearing date is March 26, 2001. Staff recommended establishment of the public hearing for the Stinson Boulevard Street Improvement Project and for the assessments. ADOPTED RESOLUTION NO. 14-2001. .._. FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 26, 2001 PAGE 3 5. APPROVE THE 2001 ANOKA COUNTY RESIDENTIAL RECYCLING AGREEMENT: Mr. Burns, City Manager, stated that this is the standard annual agreement executed with Anoka County, to obtain state funds (called SCORE funds) for recycling programs. The agreement put some program limitations on the City in exchange for $74,680.24 in funding. There are no new requirements in this year's agreement. Staff recommended Council's approval. APPROVED. 6. MOTION TO APPROVE AN ORGANIZATION CHANGE IN THE FRIDLEY POLICE DEPARTMENT: Mr. Burns, City Manager, stated that the Police Department is proposing an organizational change in the rank structure. There are two divisions within the Police Department: Operations - commanded by the Deputy Public Safety Director; and Technical Support - commanded by Lieutenant. Both of the current division commanders will be retiring in 2001 (March and September). The Public Safety Director recommended to change both positions to the rank of Captain effective with each retirement. The change is cost neutral. The change provides for ability to change assignments between the division commanders in order to provide experience in each division. This is a career development move for the new captains. The Police Civil Service Commission has unanimously approved the change. Staff recommended approval. APPROVED AN ORGANIZATION CHANGE IN THE FRIDLEY POLICE DEPARTMENT. 7. MOTION TO APPROVE A CONTRIBUTION TO THE MINNESOTA MUNICIPAL BEVERAGE ASSOCIATION TO ASSIST IN DEFEATING WINE IN GROCERY STORES LEGISLATION: Mr. Burns, City Manager, stated that as a member of the Minnesota Municipal Beverage Association (MMBA), the City was asked to assist in educating Minnesota citizens with the problems associated with adding wine to the product line of grocery stores. The MMBA has asked each of its members to contribute an amount based on their gross sales to aid in opposing an effort to allow wine to be sold in grocery and convenience stores. If this bill passes in a form that would allow the change, it would move the income from liquor sales from the metro municipalities to grocers and convenience store operators This change would have a negative impact on property taxes, since the income from liquor sales reduces property taxes. The City has been asked to contribute $5,000 towards the activity of opposing the lobby on this proposed bill. Most of the metropolitan communities that have off-sale liquor stores have already provided their respective allocation to this effort. Staff recommended Council's approval. FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 26, 2001 PAGE 4 APPROVED A $5,000 DONATION TO THE MINNESOTA MUNICIPAL — BEVERAGE ASSOCIATION TO ASSIST IN DEFEATING WINE IN GROCERY STORES LEGISLATION. 8. APPOINTMENT: Mr. Burns, City Manager, stated that staff requested approval of the appointment of Scott Hickok to the position of Director of Community Development, replacing Barbara Dacy, effective today. This is an exempt position. Mr. Hickok has served as Acting Director of Community Development since January 10, 2001. 9. CLAIMS: APPROVED PAYMENT OF CLAIM NOS. 98043 THROUGH 98327. 10. LICENSES: APPROVED ALL LICENSES AS SUBMITTED. 11. ESTIMATES: Government and Enterprise Services 5501 Humboldt Avenue North — Brooklyn Center, MN 55430 Services Rendered to Procure Prioritization and Funding for Highway 65 Improvements between 1-694 and 63rd Avenue N.E. (Months of January and February, 2001) $6,000.00 Shakopee Valley Printing 5101 Valley Industrial Boulevard Shakopee, MN 55379 Preparation and Mailing of February, 2001 Issue of the Fridley Newsletter $2,337.12 Carl J. Newquist, Esq. Newquist& Ekstrum, Chartered 301 Fridley Plaza Office Building 6401 University Avenue N.E. Fridley, MN 55432-4381 Services Rendered as City Prosecuting Attorney — for the Month of November, 2000 $17,268.00 FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 26,2001 PAGE 5 No persons in the audience spoke regarding the consent agenda items ADOPTION OF AGENDA: MOTION by Councilmember Billings to adopt the agenda. Seconded by Councilmember Barnette. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. OPEN FORUM,VISITORS: Mr. Tim Hanley, 1591 — 73 '/z Avenue N.E., stated that on December 3 there was a sewage backup into his basement that was determined to be due to a City blockage about one and one- half blocks from his home. Two different contractors estimated the damage. The League of Minnesota Cities representative has agreed to reimburse him for the cost of the carpet. He said the drywall and the paneling removal and replacement was also expensive. He understands that the City is insured for these types of events. Perhaps that insurance can be used for this damage. Mayor Lund stated that this is an item being considered in the survey of the commissioners within the City. The City does not have insurance for sewer back-ups. It is insured through the League of Minnesota Cities. There is an opportunity for the City to purchase sewer backup insurance at a cost. He asked if the City wanted to add another cost for a relatively small number of people that may have backups. He asked if the City was liable for backups in their system when this happens. Mr. Hanley stated that the League of Minnesota Cities indicated that they were not admitting any liability or responsibility, but as a good will gesture they offered to reimburse Mr. Hanley for the cost of the carpet. Mr. Hanley said he is required to insure his property regardless of whether he maintains his property or not. He felt the City should purchase sewer back-up coverage if it becomes available since there is a need for it. Mayor Lund stated that this was something Council was looking at, but it will not help Mr. Hanley this point. His own insurance may be an option. Mr. Hanley stated that his insurance has ambiguous insurance backup coverage. Some do have it and some do not. They simply were not covered for that. Mr. Burns stated that, typically, cities are not held liable for sewage backups unless they did know that it would occur. Courts have upheld in the City's favor. The sewer system is vulnerable, and the City does not accept responsibility for that. The League of Minnesota Cities is looking at Mr. Hanley's costs and will only insure where it thinks the City has been liable. The alternative is to file in Claims Court but it is a long shot. FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 26, 2001 PAGE 6 Mr. Hanley stated that he understood the issue of liability. This is just the way it should be, but — if additional insurance is available that is because there is a need for it. Mayor Lund stated that there is a need but there is a cost factor. Councilmember Bolkcom stated that citizens need to check with their own insurance and have backflow preventers. It is too premature to say what the cost is and to weigh the benefits. Mayor Lund stated that staff will need to figure out where this fits in the priority level. He will look into this further. Councilmember Barnette asked if the City Attorney might have some suggestions. Mr. Burns stated that this is something they could look into. Councilmember Billings stated that his insurance carrier would not pay damages any more than the City's carrier. Ms. Geri Lynn, 7303 Taylor Street, stated that on the City's website the minutes would not come up for the January 22 meeting. She said the contacts listed for the County, State, and Federal officials needs updating. There has been some discussion going on at the State Capital between the MMHA and whomever about a park closing statute. In no way has APAC been invited. APAC should be informed of these meetings should the legislature get pulled together. She asked for a copy of the revised draft of the park closing ordinance before the meeting next — Monday. Mayor Lund thanked Ms. Lynn and stated that the website will be updated. He also said she would be able to receive a copy of the ordinance. REVOCATION HEARING: 12. REVOCATION OF TOBACCO LICENSE ISSUED TO WALGREEN'S DRUG STORE, GENERALLY LOCATED AT 6525 UNIVERSITY AVENUE N.E. (WARD 1) MOTION by Councilmember Bolkcom to open the hearing and waive the reading. Seconded by Councilmember Barnette. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING WAS OPENED AT 8:05 P.M. Mr. Burns stated that they are recommending that this hearing be continued until March 26. MOTION by Councilmember Barnette to continue the hearing until March 26. Seconded by Councilmember Bolkcom. FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 26, 2001 PAGE 7 UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED AND THE REVOCATION HEARING WAS CLOSED AT 8:06 PM. PUBLIC HEARING: 13. ORDINANCE TO AMEND THE CITY CODE OF THE CITY OF FRIDLEY, MINNESOTA, BY MAKING A CHANGE IN ZONING DISTRICTS (REZONING REQUEST, ZOA #01-01, BY GATEWAY EAST REDEVELOPMENT, LLC) (WARD 1): MOTION by Councilmember Bolkcom to open the public hearing. Seconded by Councilmember Barnette. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING WAS OPENED AT 8:07 P.M. Mr. Bolin, Planner, stated that he would go through the ordinance, preliminary plat request, street vacation, and then give separate recommendations on all three items. Mr. Bolin stated that the project is located at the corner of 57th Avenue and University Avenue. It is 2.5 acres in size. The former uses of the site were a pawn shop, automobile repair facility, duplex, and two maintenance sites. The goal is to change an aging dilapidated commercial area into new residential. The Gateway East Redevelopment Corporation, which is a spinoff from Real Estate Equities of St. Paul, is proposing to build 28 owner-occupied townhome units priced -- between $126,000 to $142,000. The units will be two bedrooms with a three story design and two car attached garages. Mr. Bolin stated that Gateway East Redevelopment is seeking to vacate portions of the University Avenue Service Road and 57th Place, to rezone this property from C-2 to R-2 and replat the property to accommodate the 28 townhome units. The vacation of University Avenue Service Road, bounded on the west by the easterly Mn/DOT right-of-way line for State Highway 47 (University Avenue); on the north by the southerly right-of-way line of 57-1/2 Avenue; on the east by the easterly right-of-way line of said University Avenue Service Road; and on the south by the extension of the southerly right-of-way line of 57th Place, to said easterly Mn/DOT right- of-way line for State Highway 47, University Avenue. The Planning Commission unanimously approved this at their February 7 meeting after the public hearings held on all three items. Mr. Bolin said on the street utility vacation request staff recommended approval to maximize development opportunities. He said this is a street layout chosen by the neighborhood. The Public Works Department also approved the street layout. Staff recommended approval to rezone the property to provide the desired density on this site and give the developer flexibility to develop this site in a manner they would establish for residential character. Staff recommended approval on the preliminary plat to combine the five properties into one property and will give the right-of-way necessary for the street layout. Stipulations on the plat are as follows: 1) Petitioner shall obtain all necessary permits prior to construction; 2) Grading and drainage plan would be approved by City Engineering staff prior to issuance of any building permits to FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 26, 2001 PAGE 8 minimize impact to other properties; 3) During construction, silt fencing should be used where �.. applicable; 4) Petitioner shall pay $750 payment of park fees prior to issuance of the building permits; 5) Petitioner shall pay all water and sewer connection fees; 6) Petitioner shall agree to preserve mature trees to the extent possible; and 7) All trees required to be removed shall be marked and approved by City staff prior to issuance of building permits. Mr. Chris Winter, Real Estate Equities, stated that they are proposing to have eight buildings. Two buildings will have five units and five will have three units. This will allow more green space in between buildings. This will also allow a courtyard area and move the buildings back for a more residential character. The building is designed to keep the residential look to fit into the neighborhood. There is off-street parking and parking inside the driveway for two cars. The landscape includes boulevard trees, trees on the corner and in the courtyard. Everything else will be sodded. There is a significant border of pine trees. There are front yards with back porches and decks to add privacy. There is a tan scheme with maintenance free siding. The brick banding is on the bottom and bay windows at the side of the building. Privacy decks are off the back. There are rear entrances. The landscape plan did vary to give more residential character with three different schemes. Mr. Winter stated that the units will have a 2.5 car garage with ample storage. On the same level will be an area for a third bedroom or computer area. Upstairs there will be the front porches with the entryway halfway up with an oversized closet. The main living area has full kitchens with oversized windows and patio doors. There will be full baths with one full one on the main level and a reading and computer nook. There are two bedrooms upstairs and a laundry room. The master bedroom has a large walk-in closet. Councilmember Barnette asked what was the difference between the two streets of 57-1/2 Avenue and Fourth Street. Mr. Winter stated that it is scaled at about five feet. Councilmember Barnette asked what they were going to do there other than a tree or curbs to prevent an accident. Mr. Winter stated that he could mention at the neighborhood meeting any ideas for what to have there. His concern is safety and reducing the available space is to be considered. Mayor Lund asked if hedging would work there. Councilmember Billing stated that salt and sand will be plowed there in the winter. Mr. Hickok, Community Development Director, stated that staff is looking at Minneapolis or Edina where there are situations like this. A reflectorized post would be visible at the curb. From a landscape perspective, it is extremely difficult because the root system would not have an opportunity to survive. Mayor Lund asked about the feasibility of a retaining wall. FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 26,2001 PAGE 9 Councilmember Bolkcom stated that they would have to be careful to make sure they are not increasing their liability by doing that. Mr. Hickok stated that one concern of the wall is that it can cause damage to the plow equipment, which could become a problem. Mayor Lund asked about lighted bulbs there. Mr. Hickok stated that would be a nice solution. Councilmember Billings asked how the zoning is determined on the vacation of part of 57th Place and part of the University Avenue Service Drive. Mr. Hickok stated that they need to take the zoning action first and then the land would be considered the same zoning. The vacation comes after that. The land use would be recognized that the zoning is intended for the land underneath. Staff would like to make sure that the legal description for the zoning matches. MOTION by Councilmember Billings to close the public hearing. Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING WAS CLOSED AT 8:35 P.M. 14. FIRST READING OF AN ORDINANCE TO AMEND THE CITY CODE OF THE CITY OF FRIDLEY, MINNESOTA, BY MAKING A CHANGE IN ZONING DISTRICTS (REZONING REQUEST, ZOA #01-01, BY GATEWAY EAST REDEVELOPMENT,LLC): Councilmember Billings asked when the sixty-day statutory time period would end. Mr. Bolin stated that the sixty-day period ends on March 5. Councilmember Billings asked if this was tabled until March 5, if it would create a problem for anyone. Mr. Winter stated that the sooner the better and that date would work. MOTION by Councilmember Billings to approve Rezoning Request ZOA #01-01. Seconded by Councilmember Bolkcom. MOTION by Councilmember Billings to table Rezoning Request ZOA #01-01 in order to clarify the language as appropriate and bring it back on the consent agenda of March 5. Seconded by Councilmember Bolkcom. FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 26, 2001 PAGE 10 Mayor Lund suggested that Item Nos. 15 and 16 be treated the same way. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 15. PRELIMINARY PLAT REQUEST, PS #01-01, BY GATEWAY EAST REDEVELOPMENT, LLC, FOR A PROPOSED 28-UNIT TOWNHOME DEVELOPMENT, GENERALLY LOCATED AT 5807 AND 5755 UNIVERSITY AVENUE,353 AND 339 57TH PLACE AND 348-57TH AVENUE N.E. (WARD 1) Councilmember Billings stated that the roadway is vacated and reverts to the abutting property. A portion of 57th Place is adjacent to the current Valvoline Oil operation. There is also a condemnation procedure. He asked if this includes the portion of the future vacated right-of- way. Mr. Fernelius, HRA Housing Coordinator, stated that the condemnation was totally unrelated to that portion and it is not included. Councilmember Billings asked if the southern half of 57th Place adjacent to the Valvoline Oil reverts to Valvoline Oil rather than the City. Mr. Fernelius stated that it would revert to Valvoline Oil. The issue is what the City should do since half that vacated right-of-way is affected. Valvoline has been approached with an offer for that part of it and it has not been resolved yet. Councilmember Billings stated that at this point neither the City nor the developer has control of the southern 33 feet of that piece of property adjacent to Valvoline Oil. He asked how Council could approve a plat for something someone else has control over. Mr. Hickok, Community Development Director, stated that they are optimistic and confident that an agreement can be reached a provision be made to maintain the overall integrity of the project. Councilmember Billings asked if it would be more practical to vacate the north 33 feet of 57th Place and then the other 33 feet adjacent to Valvoline Oil would remain as City right-of-way. He asked what would be the best way to handle this and vacate the remaining portion of the street or hold up the vacation. Mr. Hickok stated that his solution aligns with staffs. The ideal would be to have both pieces and make it part of the plat and consider it all part of the parcel. If it does not work, this project would have to be revisited. Mayor Lund asked if this puts them into a lesser position by allowing this tonight. FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 26,2001 PAGE 11 Mr. Hickok stated that there is a plan to do extensive landscaping in the right-of-way area and treat it as open space for the developer. This is something that came later as staff was analyzing this plat. He said staff felt the best solution was to move this forward and proceed as we have. Councilmember Billings asked if the plat would be finalized in the future and if Council could proceed with approving the plat that evening in its entirety. He asked if the plat could be redone. Mr. Hickok stated that Council has an opportunity at the time of the final plat to discuss any issues. MOTION by Councilmember Billings to approve the preliminary plat request. Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 16. RESOLUTION TO VACATE PORTIONS OF THE UNIVERSITY SERVICE ROAD AND 57TH PLACE, GENERALLY LOCATED NORTHEAST OF 57TH AVENUE AND UNIVERSITY AVENUE IN ORDER TO ACCOMMODATE THE GATEWAY EAST REDEVELOPMENT PROJECT (VACATION REQUEST, SAV#01-01,BY GATEWAY EAST REDEVELOPMENT LLC) (WARD 1): MOTION by Councilmember Billings to table this item until March 5. Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 17. SPECIAL USE PERMIT REQUEST, SP #01-01, BY WAYNE DAHL, TO ALLOW AN AUTOMATIC READER BOARD SIGN TO CHANGE ITS MESSAGE MORE THAN ONCE EVERY 15 MINUTES, GENERALLY LOCATED AT 7699 HIGHWAY 65: Mr. Bolin, Planner, stated that the petitioner is Dr. Wayne Dahl of North Metro Spine Care. Code requires a special use permit to allow automatic readerboard signs but not to change messages other than time and temperature more than once every fifteen minutes. His property is C-2 commercial. He neighbors with Wendy's, Spiker's, and a small office building to the east of his property. The site was originally the FrosTop Drive-In in 1964. It was also used as a miniature golf course in the late 1970's. Dr. Dahl purchased the property in 1981 and remodeled it to accommodate his chiropractic office. Sign permits were issued for pylon signs in 1981, 1988, and 1986 by the Planning Commission. A public hearing was held on this issue. A motion was approved to direct approval of the special use permit with stipulations. Automatic changeable readerboard signs are an approved special use provided that the message does not change more than once every fifteen minutes. In 1996, a special use permit was obtained for the time and temperature readerboard, and it will need to be removed as it is 4.8 square feet. Staff FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 26, 2001 PAGE 12 recommended that Council concur with the Planning Commission recommendation of approval for the special use permit subject to stipulations. MOTION by Councilmember Billings to approve SP #01-01 with stipulations. Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY WITH THE FOLLOWING TWO STIPULATIONS: 1) PETITONER SHALL OBTAIN SIGN PERMITS PRIOR TO INSTALLING ANY SIGNAGE ON SITE; AND 2) EXISTING TIME/TEMPURATURE READER BOARD TO BE REMOVED PRIOR TO GRANTING OF SIGN PERMITS FOR NEW SIGNAGE. 18. VARIANCE REQUEST, VAR #01-01, BY WAYNE DAHL, TO ALLOW AN AUTOMATIC READER BOARD SIGN TO CHANGE ITS MESSAGE MORE THAN ONCE EVERY 15 MINUTES, GENERALLY LOCATED AT 7699 HIGHWAY 65 (WARD 2): Mr. Bolin, Planner, stated that at the February 14 Appeals Commission meeting, a public hearing was held on this variance. After discussion over the lack of hardship necessary to grant this variance a motion was made and approved to recommend denial. Prior to granting of the sign variance, there are four requirements that need to be met. The first is that there will need to be exceptional or extraordinary circumstances applicable to the property or to the intended use that do not apply generally to other properties in the same vicinity or district. The circumstances surrounding this property are neither exceptional nor extraordinary. There is direct frontage on Highway 65 and Osborne Road with a single occupant. No other automatic readerboard signs in Fridley change messages more than once every fifteen minutes. The variance is necessary for the preservation and enjoyment of the property rights possessed by other properties in the same vicinity or district. Neither the petitioner nor the properties located in Fridley that have had automatic readerboard signs changed messages more than once every fifteen minutes. Mr. Bolin said that the third requirement is that strict application would constitute unnecessary hardship. This business has been in this location since 1981. This site has optimum visibility. The petitioner could raise the height of the sign to the 25 foot maximum allowed by code. Strict application of the code requires that the petitioner not change the sign message more than once every fifteen minutes. The fourth requirement is that the granting of the variance may not be materially detrimental to the public health, safety, general welfare, or to the properties in the vicinity in which the property is located. Quick changing messages may be detrimental to public safety. If you are driving by these signs and do not catch the whole message you might try to catch the rest in the rearview mirror as you go by. Staff recommended denial, as there is no statutory hardship and no comparable variances have been granted. This would set a precedent. Mr. Kelly Kannigan, representing Dr. Dahl, stated that the reason businesses, municipalities, and schools use these is that they do not pose a danger. He has letters from Costa Mesa and Norwalk ._ that state that these readerboard signs in no way influence traffic accidents. Many businesses readerboards have larger text with two or three different changes with one message. Mr. FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 26,2001 PAGE 13 Kannigan said they teach not to put a paragraph long message in there. Time and temperature displays alternate more often than once every fifteen seconds. It is the sign company's intent to make these displays as affordable as possible. Fridley has been a pro-business community. In order for that to flourish he hoped that Fridley would allow free use of electronic displays. MOTION by Councilmember Bolkcom to receive the letters from Costa Mesa and Norwalk, California. Seconded by Councilmember Billings. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. Councilmember Bolkcom stated that people would probably not admit that is why there was an accident occurring. Mr. Kannigan stated that she may very well be correct. Dr. Dahl, petitioner, stated that with the prevalence of the signs everywhere around us, there are massive signs of this type. The Mermaid, Horn Furniture, Perfect Ten Car Wash, Emmanuel Christian Center, the City of Moundsview, all have these types of signs. The safety issue is not a legitimate issue for the City to consider. There would have to have been a lot of lawsuits and things that would have occurred right now to make safety a legitimate issue. When he looks across the street at Spring Lake Park with massive signage he feels it is unfair competition because it is only on the other side of the street from him. Fridley needs to look at whether they are causing hardships on business people in Fridley. Dr. Dahl asked if Council was penalizing people who do business in the City. That is a very legitimate issue. Councilmember Billings asked how many people driving down TH 65 will see the sign and think that they have a backache and want to swing in to his business to get their back fixed. Dr. Dahl said he thought he needed to communicate with the public as much as any other business. He did not understand why it is an issue that they are a danger or an issue that they may be distasteful. The day is going to come when digital message boards will be made less expensively than a printed sign. This is where the future is going. He felt Council needed to allow businesses in Fridley to develop their business the best way they can and not be penalized because they happen to be in the City of Fridley. Councilmember Billings stated that the question is not regarding whether or not readerboard signs should be permitted. Next time staff reviews the sign code, they could certainly take a look at amending that section. The question is for a request for a variance. State statutes are clear that in order to have the authority to issue a variance there has to be a hardship caused by the property, not the uses placed on the property. Council has the authority to issue a variance on this type of item. Councilmember Barnette stated that he concurred. Emmanuel Christian Center often gets confused with being in Fridley, but it is really in Spring Lake Park. A sign code is in place and Council is expected to uphold the ordinance Fridley has. Fridley City Council has turned down FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 26,2001 PAGE 14 similar requests, and he is adhering to uphold the current code. The code can be changed if necessary further down the line. He thought Fridley was pro-business, but he acknowledged that Council receives criticism on the sign code. Mayor Lund stated that his business is close to Dr. Dahl's. He did think it would open up a can of worms to allow a variance of this type. A number of businesses would want exactly that and Council has to draw the line. He concurred with Council. MOTION by Councilmember Billings to deny Variance Request, #01-01. Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. Dr. Dahl stated that Spring Lake Park just changed their sign code to bring it current. Councilmember Bolkcom stated that we should pride ourselves on doing something different than other communities. Visual clutter is not necessary. Dr. Dahl stated that Fridley is the most restrictive compared to the other cities surrounding this community. It is unfair if you have a business on the border. 19. INFORMAL STATUS REPORTS: Mr. Burns, City Council, stated that the newsletter has been mailed. Councilmember Barnette thanked everyone for coming to the Joint Medtronic Task Force between Fridley and Columbia Heights. He said there will be an additional meeting in Fridley to be announced. He encouraged all citizens to come to these meetings for their input. The meeting will be publicized in Focus News. ADJOURN: MOTION by Councilmember Barnette to adjourn the meeting. Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE FEBRUARY 26,2001, CITY COUNCIL MEETING ADJOURNED AT 9:28 P.M. Respectfully submitted, ,21eip-3L-' - Signe`L. Johnson ` Scott J. Lund Recording Secretary Mayor