04/22/1996 - 00018843�
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THE MINUTES OF THE REGULAR MEETING OF THE FRIDLEY CITY COUNCIL OF
APRIL 22, 1996
The Regular Meeting of the Fridley City Council was called to order
by Mayor Pro Tem Jorgenson at 7:34 p.m.
PLEDGE OF ALLEGIANCE:
Mayor Pro Tem Jorgenson led the Council and audience in the Pledge
of Allegiance to the Flag.
MEMBERS PRESENT
MEMBERS ASSENT
PROCLAMATION:
Mayor Pro Tem Jorgenson, Councilman Billings
Councilman, Schneider, Councilwoman Bolkcom,
and Mayor Nee (arrived at 7:45 p.m.)
None
BUDDY POPPY DAY, MAY 17, 1996:
Mayor Pro Tem Jorgenson read this proclamation, which was issued by
Mayor Nee, proclaiming May 17, 1996 as Buddy Poppy Day in the City.
She urged residents to recognize the merits of this cause by
contrik�uting through the purchase of buddy poppies,
Mr. Stan Kowalski, Jr. Vice Commander of the Fridley VFW Post 363,
sta�ed that the least the citizens can do is support Buddy Poppy
Day so those that have been in�ured in the service of their country
can stand tall.
Mr. Kowalski introduced Maxine Nystrom, Associate Chairman of the
Fridley VFW Auxiliary Post 363, and Buddy Poppy Queen, Amy
Krochuck.
LEGISLATIVE UPDATE - SENATOR STEVE NOVAK:
Senator Steve Novak presented a brief legislative update to
Council. He stated that he was involved in a ma�or change in the
energy tax policy which will lead to a several million dollar
investment to use a by-product of the refinery and to provide a
clean burn. He stated that the law has been revised, and there is
a$124,000,000 investment for the use and conversion of various
types of agzicultural crops for energy production.
Senator Novak stated that the legislature passed laws that
increased minzmum wage and incorporated the concept of a livable
wage where the state would give asslstance to private businesses
for expansion. He stated that although the minimum wage law was
vetoed, the concept of a livahle wage became 1aw. He stated that
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FRIDLEY CITY COUNCIL MEETING OE APRIL 22, 1996 PAGE 2
there were also bills for summer youth employ�nent and transitional
housing which were passed.
Senator Novak stated that there was a$400,000 appropriation to
a11ow the National Sports Center to purchase additional land for
expansion and upgrades Funds were also appropriated for the
ex_pansion of the Anoka Ramsey Community college facility He
stated that the City of Mounds View owns a science facility in
northern Minnesota that is used extensively by school children.
Funds were allocated for repairs, but it was a line item which was
vetoed.
Senator Novak stated that the ma�or piece of legislation that had
been substantially reviewed by policy makers involved ma�or
revamping of the tax for schools and budget reforms for swttching
from the property tax to a sales tax.
At this time, �:45 p.m., Mayor Nee arrived at the meeting.
Senator Novak thanked Council for their attention and stated that
he looked forward to working with them in the future.
Councilman Schneider stated that Anoka County is choosing to sell
Columbia Arena partially due to the National Sports Center. He
� asked if there was a possibility of the state providing funding for
residents in southern Anoka County.
Mr. Novak stated that Council might have followed the discussions
regarding the so-called "mighty ducks" proposal which led to monies
available for building ice rinks in the state. He stated that a
specific proposal brought forward could possibly fit into that
context. He stated that the National Sports Center in Blaine is a
huge success, and the state made a commitment that the facilrty
should operate in the black. He stated that it was designed for
multi-purpose sports activ�ties and teams from high school,
colleges, and even professionals can use the facility . He stated
that it is accessible to the general citizenry for a nominal fee
and is quite user friendly. He stated that there is an opportunity
to secure land ad�acent to this facility for ma�or expansion Lo
provide Anoka County with a magnificent amateur sports facility.
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APPROVAL OF MSNUTES.
BOARD OF REVIEW MEETING OF APRIL H, 1996•
COUNCIL MEETING OF APRIL 8, 1996.
MOTZON by Councilwoman Jorgenson to approve the minutes of the
Board of Review Meeting and the Council Meeting of April 8, 1996
Seconded by Councilwoman Bolkcom. Upon a voice vote, all voting
aye, Mayor Nee declared the motion carried unanimously.
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FRIDLEY CITY COUNCIL MEETING OF APRIL 22, 1996 PAGE 3
APPROVAS, OF PROPOSED CONSENT P.GENDA:
NEW BUSINESS:
RECEIVE THE MINUTES OF THE PLANNING COMMISSION MEETING OF
APRIL 3, 1996:
RECEIVED THE MINUTES OF THE PLANNING COMMISSION MEETING OF
APRIL 3, 1996.
RESOLUTION N0. 30-1996 APPROVING A COMPREHENSIVE PLAN
AMENDMENT, CPA #96-01, BY THE CITY OF FRIDLEY, FOR
MODIFICATION OF THE LANGUAGE ADDING POLICY N0. 4 TO PAGE 6-5,
CHAPTER 6, WATER, SEWER AND SOLID WASTE
Mr. Burns, City Manager, stated that this amendment would add
a new policy statement to the Water, Sewer and Solid Waste
portion of the City's Comprehensive Plan. He stated that the
affect of this change would be to add language indicating the
City's intent to adopt the National Urban Runoff Program and
MPCA's runoff standards contained in their publication
"Protecting Water Quality in Urban Areas." He stated that the
items are to be adopted within the City's storm water
management plan and land use controls.
Mr. Burns stated that the non-point source pollution
requirements had previously been adopted by ordinance on May
11, 1993, but they were not adopted as part of the City's
Comprehensive Plan. He stated that the Comprehensive P1an was
amended for The Home Depot rezoning in August, 1995. The
Metropolitan Council asked that, in additlon to reflecting the
land use change in the plan the Czty also adopt the non-point
source pollution policies within the Comprehensive Plan He
stated that staff recommends tha� Council concur with this
change.
SPECIAL USE PERMIT, SP #96-03, SY WAYNE DAHL, TO ALLOW AN
AUTOMATIC CHANGEABLE SIGN, GENERALLY LOCATED AT 7699 HIGHWAY
65 N.E. (WARD 2):
Mr. Burns, City Manager, stated that a time and temperature
sign is to be added to a new permanent detached sign. He
stated that the code requires a special use permit for a time
and temperature sign. He stated that this request meets the
requirements of the sign code, as it is within the 80 square
feet allowed by the code
Mr. Burns stated that the Planning Comm�ssion recommended
approval of this special use permit with the stipulation that
if, in the future, the applicant adds a changeable message in
addition to the time and temperature, the message shall change
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FRIDLEY CITY COUNCIL MEETING OF APRIL 22, 1996
5
6.
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no more frequently than at fifteen minute intervals. He
stated that staff recommends approval of this stipulation.
GRANTED SPECIAL USE PERMIT, SP #96-03, WITH THE STIPULATION
THAT IF, IN THE FUTURE, THE APPLICANT ADDS A CHANGEABLE
MESSAGE IN ADDITION TO TIME AND TEMPERATURE, THE MESSAGE SHALL
CHANGE NO MORE EREQUENTLY THAN AT FIFTEEN MINUTE INTERVALS.
RESOLUTION REQUESTING THE REDUCTION OF SPEED ON COUNTY HIGHWAY
132 (WARD 3):
Mr. Burns, City Manager, stated that this resolution
establishes Council's opinion that the current 50 mph speed
limit on 85th Avenue west of Springbroo'r� Drive is excessive.
He stated that the resolution cites the safety of those using
Springbrook Nature Center and the inconsistency of high speeds
with the purposes of Springbrook Nature Center as the reasons
for this opinion and requests that the speed on this portion
of 85th Avenue be reduced to 40 mph. He stated that staff
recommends the adoption of this resolution.
THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA AND PLACED ON
THE REGULAR AGENDA
RESOLUTION N0. 31-1996 IN SUPPORT OF A RENEWAL APPLICATSON FOR
A MINNESOTA LAWFUL GAMBLING PREMISE PERMIT TO THE CHURCH OF
HNI L� bti.il
HIGHWAY 6S N.E.
Mr Burns, City Manager, stated that this is an application
for renewal of a Minnesota lawful gambling premise permit by
the Church of the Immaculate Conception for bingo at the
Knights of Columbus Hall, 6831 Highway 65. He stated �hat it
is a two-year permit. The Police Department concurs with the
renewal.
ADOPTED RESOLUTION NO. 31-1996.
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Mr. Burns, City Manager, stated that the Parks Supercisor
position was vacant as a result of the retirement of Curt
Dahlberg. He stated that the position was advertised and
seventeen applications were received, and five applicants were
interviewed.
Mr. Burns stated it is recommended that David Lindquist be
appointed to the position of Parks Supervisor. He stated that
Mr Lindquist has been employed with Fridley as a parks
maintenance worker since 1973. He stated that Mr. Lindquist
has a BA in Business ManagemenL from Bethel College and is
� FRIDLEY CITY COUNCIL MEETING OF APRIL 22, 1996 PAGE 5
enrolled at Hamline University for a MA in Public
Administration.
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Mr. Burns outlined Mr. Lindquist's memberships in professional
societies related to his field and stated that he is cer�ified
as a tree inspector and has a Minnesota non-commercial
pesticides applicator license. He recommended Council's
concurrence with this appolntment.
CONCURRED WITH THE APPOINTMENT OF DAVID LINDQUI5T AS PARKS
SUPERVISOR AT A SALARY OF $38,796.96 PER YEAR ($3,233.08 PER
MONTH), EFF'ECTIVE APRIL 23, 1996,
8. CLAIMS:
AUTHORIZED PAYMENT OF CLAIM NOS. 67554 THROUGH 67806.
9. LICENSES:
THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA AND PLACED ON
THE REGULAR AGENDA.
10. ESTIMATES:
APPROVED THE ESTIMATES, AS SUBMITTED
Schield Construction Company
13604 Ferris Avenue South
Apple Va11ey, MN 55124
Stonybrook Creek Bank Stabilization
Pro�ect No. 246
Estimate No. 3 . . . . . . . . . . . . . . $35, 990.77
Councilwoman Jorgenson asked that the licenses be placed on the
regular agenda.
Councilwoman Bolkcom asked that Item 5 be placed on the regular
agenda.
No persons in the audience spoke regarding the consent agenda
items.
MOTION by Councilman Schneider to approve the consent agenda, with
the exception of Items 5 and 9. Seconded by Councilwoman Bolkcom.
Upon a voice vote, all votinq aye, Mayor Nee declared the motion
carried unanimously.
ADOPTION OF AGENDA:
MOTION by Councilman Schneider to adopt the agenda with the
addition of Items 5 and 9 from the consent agenda. Seconded by
FRIDLEY CITY COUNCIL MEETING OF APRIL 22, 1996 PAGE 6
' Councilwoman Bolkcom. Upon a voice vote, a11 voting aye, Mayor Nee
declared the motion carried unanimously.
LEGISLATIVE UPDATE:
SENATOR DON BETZOLD�
Councilman Schneider stated he understood that Senator Betzold had
a prior commitment and will be here later.
OPEN FORUM, VISITORS:
ROBERT ANDERSON, 6800 OAKLEY STREET:
Mr. Anderson, 6800 Oakley Street, spoke regarding the proposal for
an outside contractor to maintazn the City vehicles and equipment.
He stated that in the thirty years Lhere has been a maintenance
department in the City, there have been no complaints. He stated
that the City has three of the most talented employees at the
garage. He stated that the only way the City can save money is to
go to a cheaper product. He questioned how the City can even think
that a private contractor could do the �ob more economically.
Councilman Schneider stated that the request for proposals for the
� maintenance work was not done because of complaints, but the City
is merely investigating to determine if there was a more eronomical
way of providing the same kind of services with the same employees
He stated that the cost is very high to update the City garage. He
stated that everyone is looking at ways to save money, and he
believes the City has to investigate those ways. He stated that
there are many companies that can do the exact �ob and claim to do
it cheaper.
Mr Anderson stated that there is not a company in the Twin Cities
area that can do the repairs on pothole patchers. He stated that
the only way to save money is to buy cheaper materials. He stated
that this action by Council hurts, and he felt it was a 1ow thing
to do.
Councilman Schneider stated that staff was asked to obtain
proposals, and no one has seen any of the information. He statect
that until the proposals are reviewed he could not respond. He
stated that all he can say is that there are a number of companies
that can do this �ob successfully.
Councilwoman Jorgenson stated that Paul Lawrence, Superintendent of
Public Works, has been reviewing the proposals. She stated that it
is her understanding that the lowest bid is $100,000 over the cost
� for which the City can provide these services.
Mr. Anderson stated that there are three employees very concerned
about their �obs.
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FRIDLEY CITY COUNCIL MEETING OF APRIL 22, 1996 PAGE 7
Councilwoman Jorgenson stated that nothing has been decided and,
from what she understands, she did not feel that there would be any
problem.
PUBLIC HEARINGS:
11. PUBLIC HEARING ON AN ORDINANCE AMENDMENT TO CLASSIFY GRAVEL
AND/OR DIRT DRIVEWAYS AS A NLTISANCE AND PROHIBIT THEIR USE:
MOTION by Councilwoman Jorgenson to waive the reading of the public
hearing notice and open the public hearing. Seconded by
Councilwoman Bolkcom. Upon a voice vote, all voting aye, Mayor Nee
declared the motion carried unanimously and the public hearing
opened at 8:17 p m.
Mr. Hickok, Planning Coordinator, stated thar this amendment �s to
Chapter ll0 of the City Code to require hard surface driveways. He
stated that this is part of the City's overall effort to preserve
neighborhoods. He stated that gravel, dirt, or unpaved driveways
endanger the safety, health, comfort and repose of the public. He
stated that deposits from these driveways obstruct City storm
sewers and detention ponds and detract from the aesthetic character
of the property. Mr. Hickok stated that gravel, dirt or unpaved
driveways do not adequately define orderly parking areas and allow
unsightly ruts and ditches which can cause excessive spraying of
gravel, dirt and dust on to neighboring properties. He stated that
these driveways do not protect the environment from the seepage of
vehicle fluids which can cause significant environmental health
r�sks to the community.
Mr. Hickok stated that there is a five-year compliance period, and
a special assessment may be levied for five years at the rate of
seven percent interest, with a$1,250 minimum and a five percent
administration charge. He stated that senior citizens and disabled
persons would be allowed a deferred assessment until the property
is sold. He stated that residents may also apply for a home
�mprovement loan at an interest rate of five percent or choose to
have the hard surface driveway installed in con�unction with the
City`s yearly street improvement pro�ect He stated that, in 1994,
the prices for an asphalt driveway were $9,90 per yard and $26 40
per yard for concrete
Mr. Hickok stated that the Planning Commission reviewed this item
and recommended approval only if the ordinance is amended to allow
flexibility where it is not a public nuisance or where it creates a
financial hardship. He stated that if this ordinance is not
amended, Council should consider performance standards for gracel
driveways.
Mr. Hickok stated that as a result of public comment and input from
the Planning Commission meeting, staff conducted a detailed review
FRIDLEY CITY COUNCIL MEETING OF APRIL 22, 1996 PAGE B
� of 21 unpaved driveways located throughout the City. He stated
that in evaluating these parcels, a number of categories including
exlsting driveway length, lot size and dimensions, topography
features, the possible subdivision of the property, and current
parking surfaces were recorded. He stated that the end result of
these case studies was the development of possible exempt and non-
exempt categories. He stated that of these 21 driveways, 16 would
be partially or fully exempted.
Mr. Hickok stated that conditions that were instrumental in
categorizing a property as exempt include: (1) existing driveways
which cross an excessive width of platted rightrof-way or dedicated
street easement or alley (not under the private property owner's
control); (2) properties that could be subdivided into two or more
lots and paving the entire drive at this time may cause future
conflicts with subdividing; (3) properties which would require a
hard surface driveway in excess of 100 feet; and (4) properties
which have driveways that access onto an unimproved alley.
Mr. Hickok stated that conditions that would be attached to these
exempt situations would include: (1) once the platted right-of-way
or dedicated street is improved, a hard surface driveway shall be
installed; (2) if the existing unpaved drive exceeds 100 feet, a
minimum of 43 feet would be required to be paved. Of the 43 feet,
� 2D feet would provide a hard surface apron at the street and the
remaining 23 feet would be placed on the property at the discretion
of the homeowner. For drives less than 100 feet, staff recommends a
fu11 hard surface drive; (3) parking of veh�_cles on an unpaved
surface would be strictly prohibited. In accordance with the
current City Code, all portions of the driveway must be maintained
in an attractive, well kept condition; and (4) re-subdivision of
the site would extinguish any hard surface drive exemption and
require full pavement to be installed
Councilman Schneider asked if staff has contacted the 21 persons
whose property was reviewed.
Mr. Hickok stated that six of the 21 have been contacted so far,
and a favorable response has been received.
Mr. John Krall, 19 77th Way, stated that his home is located in an
industrial zone, and he cannot improve his residence. He felt that
the hard surface driveway was an improvement he would be forc�d to
make, but he cannot make any other improvements such as a gazebo or
deck
Mr. Hickok stated that this home would be considered a non-
conforming use.
� Mr. Krall stated that as far as seepage of contaminants into the
soi1, it seems any oil leakage goes into the street anyway
regardless if the driveway is paved or not.
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Mr. Hickok stated that a hard surface driveway will not retain 100
percent of any leakage, but lt does contain some of the runoff and
slows down the degradation of surface water quality.
Mr. Kral1 stated that he would like to be contacted so that the
City can look at his property.
Mr. Ted Theilmann, 1540 Rice Creek Road, stated that he has a
crushed rock driveway which is over 100 feet long. He stated that
he also has a 25 feet by 50 feet parking area that has the same
surface as the driveway. He stated that his driveway is ad�acent
to six 30 foot pine tree, two flower beds, and a rock garden. He
felt that it would not add to the aesthetics of his property to
install either an asphalt or concrete driveway and felt a hard
surface driveway was not necessary in his situation
Councilman Schneider stated that in this case, the ordlnance would
only require a 20 foot apron plus an additional 23 feet of hard
surface.
Mr. Theilmann stated that he has a five foot apron now and does not
see any of the gravel going into Rice Creek Road.
Ms Mary Matthews, 1259 Skywood Lane, stated that she has a similar
� situation to Mr. Theilmann. She stated that there is a five foot
apron but a trouble spot where the drive and street meet as sewer
flushing washes dirt and rocks into the street. She stated that
her rock driceway lends itself to the natural aesthetics, and this
driveway material was suggested to both retain and provide drainage
and to prevent runoff and erosion of the hi11.
Mr. Hickok stated that he had suggested to Ms. Matthews an asphalt
base but an aggregate cover to obtain the look she wanted. He
stated that this would qualify as a hard surface drivewaV because
of the base.
Ms. Matthews stated that she checked on the costs, and it is very
expensive. She stated that she wanted to obtain the aesthetics,
but she felt she could install an apron. She stated that she would
appreciate Council giving consideration to her situation.
Councilman Schneider stated that boLh Mr. Theilmann and Ms.
Matthews addressed the aesthetic issue. He questioned if there was
not some way to handle the unique aesthetic situations perhaps by
an exemption.
Councilwoman Bolkcom stated that everyone could probably come up
with this same argument.
� Councilman Schneider stated that the reason these two driveways are
gravel is for the aesthetics of the properties.
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FRIDLEY CITY COUNCIL MEETING OF APRIL 22
PAGE 10
Ms. Dorothy Miles, 1370 Rice Creek Road, stated that there is a
perpetual easement for the driveway at 1400 Rice Creek Road. She
stated that even though she is the owner, she does not use that
driveway and would not want to pay for a hard surface.
Mr. Hickok stated that this particular case would fall under the
exemptions, as the neighboring property could be subdivided in the
future. He stated that the driveway exceeds 100 feet and would
qualify under the 43 foot provision.
Ms. Ida Kasson, 1400 Rice Creek Road, stated that the question is
who would pay for the hard surface driveway.
Councilman Schneider stated that, legally, the owner of the
property would pay for the hard surface driveway.
Ms. Miles stated that there is a perpetual easement that she felt
was forever, and she is not interested in installing a hard surface
driveway.
Mr. Knaak, City Attorney, stated that the two parties would have to
agree to eliminate this perpetual easement, if they so desired.
Ms. Michele Bush, 5060 Hughes Avenue, stated that she has a paved
� driveway in the front and does not use the one in the back that
faces Main Street. She stated that she wanted to make sure that
they do not have to install a driveway in the back, as the area is
fenced and sodded. She felt that staff should determine how many
people do not have hard surface driveways.
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Mr. Hickok stated that their most recent survey indicated that
there are about 340 residences that do not have hard surface
driveways. He stated that many of those hace installed a hard
surface driveway so the number is probably closer to 250 out of
7,000 single family households.
Councilwoman Bolkcom asked if Ms. Bush would be exempted because it
is not being used as a driveway.
Mr. Hickok stated that she would be eXempted
Councilwoman Bolkcom stated that letters were sent to the residents
who would be affected by this ordinance amendment.
Mr. David Fox, 7231 East River Road, stated he wished to clarify
that by the extension of Ashton Avenue, the homes irom Ashton
Avenue to SuperAmerica are exempt.
Mr Hickok stated that Ashton Avenue in the unimproved area would
be exempt.
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FRIDLEY CITY COUNCIL MEETING OF APRIL 22, 1996 PAGE 11
Mr. Fox stated that since the road improvement on East River Road,
he has pumped water out of his driveway all spring. He stated that
he had as much as twelve inches of standing water in his driveway.
He stated that he has contacted the County, but has not received a
response.
Mr. Fox stated that at a Council meeting last year, residents were
told the City would maintain the bike path. Only once a11 winter
the path was open and the rest of the year the residents cleared
it He stated that the County only plowed East River Road to full
width once this year.
Councilwoman Bolkcom asked the Public Works Director, Mr. F1ora, to
check on this issue.
Mr. Larry Pearson, 7450 Stinson Boulevard, stated that he has an
older home, and it does not make sense to pave 43 feet because
vehicles can still be parked in the other portion that is unpaved.
He stated that if the City has a problem with certain driveways,
this should be addressed rather than placing the burden on
everyone. He stated that if a brick driveway was installed, any
fluids would still seep through the bricks. Mr. Pierce stated that
he wanted to build a garage, but now he is told he has to have a
hard surface driveway. He stated that he can see this being
required for new construction, but he questioned what happened to
the grandfather law.
Councilman Billings stated that there is a requirement that if
someone constructs a garage, they also needed to install a hard
surface driveway. He stated that this has been in effect since
1969 He stated that it is now 25 years later, and the City is now
asking residents to meet those same standards. He stated that iL
appears that this is a friendly "grandfathering" clause.
Councilman Billings stated that 96 percent to the homes already
conform to this ordinance, and the other four percent would be
complying unless there are exemptions which would probably only
amount to one percent.
Mr. Darrel Madsen, 7191 East River Road, asked if Ashton Avenue
would be paved to comply witn this proposed ordinance amendment
Mr. Hickok stated that this is one of the exemptions, and there is
no plan to pave Ashton Avenue.
Mr. Madsen questioned how his mother-in-law's property at 7201 East
River Road would be affected.
Mr. Madsen was informed that staff will be investigating furLher.
Ms. Joanne Fay, 729 Kimball Street, stated that she is the owner of
property at 7361-63 University Avenue and is concerned how this
FRIDLEY CITY COUNCIL MEETING OF APRIL 22, 1996 PAGE 12
� ordinance amendment affects shared driveways. She felt that this
amendment was placing a burden on them to work wrth neighboring
property owners to make the proper arrangements for a hard surface
driveway. She stated that she has to negotiate with persons on
either side to determine how the costs will be handled. She
pointed out there are many driveways that have a hard surface but
are in worse condition than gravel driveways because they are not
maintained.
Mayor Nee asked if there is not an agreement between the property
owners for �oint use of the driveway.
Ms. Fay stated that if there was such an agreement, it was done
before they purchased the property.
Mayor Nee stated that it should be included in the tiLle search
NIr. Hickok stated that this is a situation where the driveway is
extremely long at 120 feet and would fall under the exemption
standards. He stated that it would be sub�ect to the 20 foot apron
at the street, and each owner could determine how they wanted to
handled their 23 feet additional paving behind the property.
Mr. Kurt Barsness, 6581 Central Avenue, stated that he believed his
� property fell under the exemptions. He stated that his home is
older and has a long driveway.
Mr Virgil Ishaug, 1640 Onondaga, stated that he has a concrete
drive with a gravel parking area ad�acent. He questioned if he
would be affected by this proposed ordinance amendment.
Councilman Billings stated that he believed Mr. Ishaug would fall
under an ordinance that states that any vehicles have to be parked
on a hard surface. He advised Mr. Ishaug to contact the City's
Code Enforcement Officer for clarification.
Mr. Flora, Public Works Director, stated that it is not only the
environment that needs protecting, but the health, safety, and
welfare of the citizens. He stated that people complain about
stones hitting the windows of their vehicles, a safety issue for
pedestrians and cyclists that slip on the debris in the street.
Debris is also being washed into the storm system causing a problem
resulting in additional costs for cleaning and reduction of flow
capacity.
Mr. Knaak, City Attorney, stated that in regard to the shared
driveway issues, it has not been stated that if there cannot be a
resolution, the City can assess for a hard surface driveway. He
� stated that if there is a dispute, the City would have to determine
how each parcel benefited so it ultimately would be a decision on
the part of the City how the cost would be allocated. He stated
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FRIDLEY CITY COUNCIL MEETING OF APRIL 22, 1996 PAGE 13
that he felt it might have been the concern of some that there was
no way to resolve the issues, but there is resolution.
Councilman Schneider stated that if someone has a 60 foot driveway
that has to be paved, but if it was over 100 feet would only have
to pave a portion, there might be some way they could get around
this issue. He stated that from a public policy viewpoint, he did
not know if it was wise to refer to a certain amount of footage.
Councilman Billings stated that it raises another question on why
the exemption because it is a long driveway.
Councilman Schneider stated that the problem is that it is awkward
that there is an exemption for a driveway over 100 feet, and for
under 100 feet, a minimum of 43 feet has to be paved.
Councilwoman Sorgenson stated that she would like for a certain
number of feet to be paved from the curb back.
Councilwoman Bolkcom stated that part of the whole issue is the
parking of vehicles on a hard surface. She felt that this would
not work, as only so many feet in front of the garage and so many
feet from the curb would be paved.
Councilwoman Jorgenson stated that the City already has an
ordinance that vehicles must be parked on a hard surface, which is
probably close to the garage, so that is already covered
Councilman Schneider suggested that staff come back with some
proposals.
Councilman Billings stated that some of these exemptions also
qualify under the subdivision exemptions. He felt that a determin-
ation should be made on which gravel driveways are a real problem
and then review the issue.
Ms. Dacy, Community Development Director, stated that she has
several ideas to bring back for Council's review.
MOTION by Councilman Schneider to close the public hearing.
Seconded by Councilwoman Bolkcom. Upon a voice vote, all voting
aye, Mayor Nee declared the motion carried unanimously and the
public hearing closed at 9:44 p.m.
12. PUBLIC HEARING ON AN ORDINANCE AMENDMENT TO LIMIT HARD SURFACE
DRIVEWAY OR PARKING STALL SURFACE MATERIAL TO NO MORE THAN 30
PERCENT OF THE CALCULATED FRONT YARD AREA IN R-1 AND R-2
Councilman Schneider stated that staff has requested this item be
tabled to May 20.
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FRIDLEY CITY COUNCIL MEETING OF APRIL 22, 1996 PAGE 14
MOTION by Councilman Schneider to table this item to May 20,1996.
Seconded by Councilman Billings.
Councilman Billings stated that if the public hearing is not
opened, it would have to be re-advertised. He felt that it may be
better to open the hearing and hear any comments, if someone wished
to speak, and then continue the hearing to May 20.
UPON A VOICE VOTE TAKEN ON THE ABOVE MOTION, all voted nay, and
Mayor Nee declared the motion failed.
MOTION by Councilman Schneider to waive the reading of the public
hearing notice and open the public hearing. Seconded by Councilman
Billings. Upon a voice vote, all voting aye, Mayor Nee declared
the motion carrled unanimously and the public hearing opened at
9:50 p.m.
Mr. Kurt Barsness, 6581 Central Avenue, stated that some homes in
the City have three car garages, and half the yards are covered
with asphalt. He stated that they are pie shaped lots and did not
know if they would meet the requirements of this ordinance.
Mr John Haluska,
percent requirement
garage
5660 Arthur Street, stated that the thirty
may be hard to meet if someone has a three car
Councilman Billings stated that the Planning Commission chose not
to take action and requested additional information.
MOTION by Councilman Billings to continue the public hearing to the
meeting of May 20, 1996. Seconded by Councilman Schneider. Upon a
voice vote, a11 voting aye, Mayor Nee declared the motion carried
unanimously.
13. PUBLIC HEARING ON AN ORDINANCE AMENDMENT TO INCLUDE PROVISIONS
RELATED TO THE DEFINITION AND REMOVAL OF SUNK OR UNSAFE
VEHICLES FROM PRIVATE PROPERTY:
MOTION by Councilman Schneider to waive the reading of the public
hearing notice and open the public hearing. Seconded by
Councilwoman Bolkcom Upon a voice vote, all voting aye, Mayor Nee
declared the motion carried unanimously and the public hearing
opened at 10 55 p.m.
Mr Hickok, Planning Coordinator, stated that the purpose of this
ordinance amendment is to define �unk/unsafe vehicles and the
process for their removal from private property. He stated that
the amendment includes a more detailed descr�ption of the criteria
necessary to define a�unk vehicle, additional definition of unsafe
motor vehicles to include reference to State statutes; a definition
of a motor vehicle; a detailed five-day notification and abatement
process along with specific impound, reclaim and public sale
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FRIDLEY CITY COUNCIL MEETING OF APRIL 22, 1996 PAGE 15
requirements, an aggrieved owner hearing process; and a one-year
"sunset date" to allow for re-examination of the ordinance one year
from rts adoption.
Mr. Hickok stated that the Planning Commission recommended approval
of this ordinance amendment.
Councilman Schneider felt that under Section 114.02, 3d, the word
"vital" should be added after the word "lacks." He also questioned
an abandoned unsafe vehicle versus an abandoned safe vehicle.
Mr. Hickok stated that this would be evaluated, but he felt it
could be handled under current regulations.
Councilman Schneider
added portions are
currently delineates
ordinance is adopted
asked how it would be determined what the
since there would be no underlining which
the portions that have been added once the
Mr. Hickok stated that staff would relV on the records.
Councilwoman Bolkcom stated that she heard from one resident who
wanted Council to make this ordinance as strong as possible.
Councilwoman Bolkcom asked where a notice is sent if a car is
parked at a residence but the owner of the vehicle does not live
there�
Mr. Hickok stated that it is a very difficult issue to pinpoint the
vehicle`s owner. He stated that the property owner and the last
known vehicle owner would be notified. He stated that staff would
work with the Police Department to find out who is the responsible
party and make all the necessary notiiications.
Mr. John Haluska, 5660 Psthur Street, stated that his son has an
abandoned motorcycle in his yard and asked if this would be towed
under this ordinance.
Councilwoman Jorgenson stated that it would if it is left there for
more than five days.
No other persons in the audience spoke regarding this proposed
ordinance amendment.
MOTION by Councilman Schneider to close the public hearing.
Seconded by Councilwoman Bolkcom. Upon a voice vote, all voting
aye, Mayor Nee declared the motion carried unanimously and the
public hearing closed at 10:05 p,m.
�
FRIDLEY CITY COUNCIL MEETING OF APRIL 22, 1996 PAGE 16
14. PUBLIC HEARING ON AN ORbSNANCE AMENDMENT PROHTBITING THE
RETURN OF ABATED PROPERTY TO ITS ORIGINAL LOCATION TF IT
TION OF CITY
MOTION by Councilwoman Jorgenson to waive the reading of the public
hearing notice and open the public hearing. Seconded by
Councilwoman Bolkcom. Upon a voice vote, all coting aye, Mayor Nee
declared the motion carried unanimously and the public hearing
opened at 10•05 p.m.
Mr. Hickok, Planning Coordinator, stated that this ordinance deals
with the release of abated property. He stated that the amendment
includes a release of property agreement to be signed before
reclaiming any abated material and a provision which allows the
Crty to abate same or similar violations from a location in which
an abatement has already occurzed. He stated that an abbreviated
but reasonable notice period will still be required.
No persons in the audience spoke regarding this proposed ordlnance
amendment.
MOTION by Councilwoman Bolkcom to close the public hearing.
Seconded by Councilman Schneider. Upon a voice vote, all voting
� aye, Mayor Nee declared the motion carried unanimously and the
public hearing closed at 1D:08 p.m.
15. PUBLIC HEARING ON VACATION REQUEST, SAV #96-01, BX ROYAL OAKS
REALTY, INC., TO VACATE A DRAINAGE AND UTILITY EASEMENT,
GENERALLY LOCATED AT 1435 ROYAL OAK COURT N.E. (WARD 2).
�
MOTION by Councilwoman Bolkcom to waive the reading of the public
hearing notice and open the public hearing. Seconded by Councilman
Schneider. Upon a voice vote, all voting aye, Mayor Nee declared
the motion carried unanimously and the public hearing opened at
10•09 p.m.
Mr. Hickok, stated that this is a request tc vacate a portion cf an
easement at 1435 Royal Oak Court N.E. He stated that in the
development process, an area was described as an easement area that
surrounded the wetland delineation for this site. He stated that
this is part of Peck's Woods. As the development occurred there
were two ma�or concerns; the wetlands and the existing stand of oak
trees.
Mr. Hickok stated that this vacation is for a portion of a drainage
and utility easement which surrounds a protected Type 3 wetland
located in the northeast corner of the sub�ect property. He stated
that the vacation would essentially move the protected area of the
wetland closer to the wetland edge. ^lhis easement was dedicated on
the plat at the recommendation of the registered land surveyor and
was based on a wetland delineation. He stated that the vacation of
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FRIDLEY CITY COUNCIL MEETING OF APRIL 22, 1996 PAGE 17
the easement would reduce the buffer to the wetland from 7 feet to
approximately 1.5 feet.
Mr. Hickok stated that the vaca�ion is requested as a result of the
petitioner designing a dwelling for a client which is larger than
the buildable area on the lot when setbacks and easements are
considered. He stated that the petitioner chose to begin
construction at his own risk, but the affected foundation wa11 of
the garage will not be constructed until the conclusion of the
vacation process. Mr. Hickok stated that another option may be to
cantilever the garage over the easement; however, the petitioner
does not want to angle the foundation.
Mr Hickok stated that the Planning Commission recommended approval
of this vacation request on a five to one vote.
Councilman Schneider asked why staff recommended denial.
Mr. Hickok stated that the home could have been designed to be
constructed outside of that easement area, and it is the design
that caused the encroachment.
Councilman Schneider asked if the area that is proposed to be
vacated is an arbitrary line that was drawn or if it was necessary
to protect the wetlands.
Mr. Hickok stated that it was an added safety area along the
delineation line to protect the wetlands.
Councilman Schnelder felt that the vacation
to allow the garage to be constructed
disruption of the protection of the wetlands.
could be reduced only
and to minimize the
Mr. Hickok stated that this could be done, but it would need a very
lengthy lot description.
Councilman Billings asked if the person who cited the home was
aware of the easement.
Mr. Hickok stated that he believed this was the case as they picked
the home and then found out later that it would not work to meet
all the requirements.
Councilman Billings asked when the City became aware that this was
encroaching into the easement.
Mr. Hickok stated that the builder, developer, and home owner ask_ed
if they could begin constructing the foundation and leave the
garage as an open question depending on Council's action on the
vacation He stated that the petrtioner knew the risk_s of
beginning construction przor to Council action
� FRIDLEY CITY COUNCIL MEETING OF APRIL 22, 1996 PAGE 18
Mr. Mike B1ack, Roya1 Oaks Realty, stated that the request is for
vacation of a portion of the drainage easement. He stated that the
easement was placed on the lot to protect the existing body of
water ad�acent to the property and protect the 100 year flood
plain. He stated that Imperial Homes began working with the
proposed home owners, Mr, and Mrs. Horeck, and they were aware of
the restrictions originally placed on the property. He stated that
a11 the criteria was met for a 100 year flood with no fill below
the 953 elevation. He stated that, unfortunately, it was not until
a permit was requested and the property was staked that it was
discovered this property was six feet into the easement. Mr. Black
stated that the easement was drawn as a pencil line in the area
where it lies.
Councilman Schneider asked if they needed the entire vacation or
only part of it.
Mr. Black stated that they only need a portion, but the easement
line right now covers the entire area. He stated that the
encroachment at its widest point is six feet; however, it could be
modified. He stated that a straight line was drawn for a less
complicated lot description. He stated that the vacation process
was begun before construction started on the home.
� Councilman Schneider felt that it was a shady practice to begin
constructzon and to get to the point cahere there is a substantial
investment. He stated that the developer knew the rules, and now
puts the Council in a spot where it is difficult to deny this
vacation, and he resents it.
Mr. Black stated that he apologized, but there were in a time
constraint to get the construction started.
Mr. Horeck, the proposed homeowner, stated that when they applied
for a building permit, the plan was to notch the back corner of the
garage. He stated that they plan to have a workshop underneath the
garage and have elderly parents who may live with them He stated
that they wished to have a wide stairway so that they could
potentially put in a 1ift. He stated that the biggest inconveni-
ence of having a notched corner is there may be a problem with
wheelchair access.
Mr, Horeck stated that he has contacted every one oP his neighbors,
and they had no ob�ection. He has also contacted the three new
neighbors,
Mr. Horeck stated that the vacation would not disxupt the harmony
of the pond, and they will retain all the foliage they possibly can
� around it. He stated that they wish Lo protect the pond and have
no problem of a wider drainage easement He stated that the
biggest concern is to obtain the vacation for the portion of the
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FRIDLEY CITY COUNCIL MEETING OF APRIL 22, 1996 PAGE 19
garage, as he believes it was an error in the first place, and the
line is in the wrong place.
Councilman Billings stated that he has a problem with the extensive
width of the variance at the rear of the lot. He stated that he
could support a delineation of an area 1 to 1-1/2 feet east of the
east wa11 to 1 to 1-1/2 feet north of the north wall. He stated
that the point was made that this easement line was an arbitrary
line prepared by the surveyor. He stated that, at the same time,
this is the line that the Council and neighbors were told would be
upheld. He stated that, with that in mind, if the Council chose to
deny the vacation, nothing more is being asked of the developer
than what the Council was told in the first place.
Mr. John Haluska, 5660 Arthur Street, stated that he was not
included in the mailing, He stated that he would certainly hope
Council would not approve this vacation. He stated that Council
went through negotiations with this builder and had assurances from
the builder on what a fine pro�ect this would be, and they would
abide by every rule and regulation. He stated that if this
vacation is approved, Council is rewarding ignorance and probably
some deceit. He stated that he cannot believe the gall they have
to come before Council with some of the construction already
completed.
Mr. Haluska questioned if the home owner could cantilever his home
over the street if Council approved the option to cantilever. He
felt that the easement would have to remain in tact, as it serves
as an important easement to protect that pond. He stated that he
is sure Mr. Horeck would be an excellent neighbor, but he could not
support this vacation. He stated that this drainage easement
mitigates non-point pollution problems, and if it is waived in this
case, Council will receive other requests for a waiver. He stated
that the developer had every option to design the home to fit the
lot
Mr. Hickok stated that in response to Mr. Haluska's comment, the
statutory requirement is for notification of persons within 350
feet from the pro�ect area.
Mr, Reyes, 1479 N. Danube Road, stated that he and Mr. Haluska are
of the belief that the City worked out strong agreements with the
developer, the Planning Commission, and the EPA so that whatever
delineation lines were set were accomplished. He stated that what
he is hearing is that the surveyor made a mistake. He stated that
the developer has an obligation to honor the agreements Mr. keyes
stated that it is unfortunate this happened, but the construction
of the house has proceeded almost interrupted. He felt that this
was a pressure move on behalf of the developer. Mr. Reyes stated
that the woods are no longer thick, and he felt that al1 the
efforts of the residents and City should be honored in these
agreements.
FRIDLEY CITY COUNCIL MEETING OF APRIL 22, 1996 PAGE 20
� Mr. Black stated that they are within all the stipulations
originally placed on this property.
Councilman Schneider stated that is untrue. He stated that there
is a line for wetland delineation and not the drainage easement.
Councilman Billings stated that in this particular case, they came
to staff to apply for the building permit and, at that time,
discussed the options. He stated that one of the options was to
apply for the vacation, and there was another suggestion for
cantilevering. He stated that he did not think they had proceeded
and built the home without being given choices. He stated that the
other element is that he doesn't know if the developer chose the
footprint of the home. He stated that the person constructing the
home indicated he would be somewhat flexible and felt that they
were trying to be as open as possible under the circumstances.
Mr. Haluska asked if building over the easement is the same as
building on the easement.
Mr. Knaak, City Attorney, stated that if there is an encroachment
that impedes the public use for road purposes, that would impede
the public purpose. He stated that in a conservation easement, it
would be an encroachment over the easement, and the question would
� be if the public purpose would be affected by this encroachment.
He stated that in the conservation easement, there is a dist�nct
possibility unless there is something that states otherwise,
anything that encroaches over the easement is an encroachment.
Mr. Rick Riemersma, Imperial Homes, stated that the plans they
originally brought forward that show the encroachment on the
drainage easement has the corner of the garage cut off. He stated
that the footing would be on an angle that matches the easement
line. He stated that they proceeded with construction and applied
for the vacation. He stated that regarding the issue of the
cantilever, they went ahead with the plans, as approved by the
Building Division, which included the cantilever. He stated that
what they are doing at this point is trying to get the other 25
square feet with the easiest way being to draw a straight line to
the back.
Mr. Hickok stated that when they applied for the building permit,
staff indicated this was not a favorable solution, and they should
seek others. He stated that the Building Division contacted the
Planning Department and stated that they were taking ouL a building
permit and questioned the garage. He stated that the petitioners
indicated they would not build a garage until a decision was made
by Council on the vacation. He stated that a permit was issued for
� the house, and staff talked about the cantilever option. The
Building Division stated that the petitioner would leave the corner
of the garage open.
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FRIDLEY CITY COUNCIL MEETING OF APRIL 22, 1996 PAGE 21
' MOTION by Councilman Schneider to grant vacation request, SAV -
#96-01, to vacate a drainage and wetland easement on Lot 7, Block
1, Totino Grace Addition, generally located at 1435 Royal Oak Court
in such a manner that the vacation is one foot north of the north
side of the garage and one foot east of the east side of the
garage. Further, that the developer will bring to staff the surveys
and legal description. Seconded by Councilman Billings.
Mr Haluska stated that the easement is the property of the City
and has value. He asked what compensation the City would receive
if it is vacated for the private use.
Councilman Billings stated that the City has not requested
reimbursement in the past. He stated that if it was required in
this partzcular case, he felt that the City would be found to be
arbitrary and capric�ous.
Councilwoman Bolkcom stated that she cannot support the motion
She felt that there was a commitment to the City. She felt that
the City had to stand by it.
Councilwoman Jorgenson stated that she has a problem with the way
this was done.
� Councilman Schneider stated that this is a minor vacation, and he
wondered if it would be in the best interests of the community to
deny the vacation.
UPON A VOICE VOTE TAKEN ON THE ABOVE MOTION, Counczlman Schneider
voted in Pavor of the motion. Councilwoman Jorgenson, Councilwoman
Bolkcom, Councilman Billings, and Mayor Nee voted against the
motion. Mayor Nee declared the MOTION FAILED.
Ms. Dacy, Community Development Director, stated that the City
Charter requires that the public hearing be closed, and the
procedure has been to bring the ordinance back to the Council at
the next meeting for a vote for or against the vacation She
stated that the Charter also requires a four-fifths vote to approve
the vacation.
MOTION by Councilman Schneider to close the public hearing.
Seconded by Councilwoman Bolkcom. Upon a voice vote, all voting
aye, Mayor Nee declared the motion carrled unanimously, and the
public hearing closed at 11•10 p.m.
Mrs. Horeck stated that they asked for 25 feet and could not get
it. She stated that she listened to all the rules and regulations,
but none of the Council has to live with it. She stated that they
� only requested a small portion of the easement. She stated that
this is a$350,000 home, and they would pay huge taxes.
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FRIDLEY CITY COUNCIL MEETING OF APRIL 22, 1996 PAGE 22
Councilwoman Bolkcom stated that she has to make a�udgment that
she feels in her conscience is important. She stated that she is
very sorry they have gone this far, but that was not the reason she
voted against the vacation. She stated that she felt she owes the
people who attended all the hearings on this development.
Mr. Horeck asked if there could be further discussion. He stated
that they followed all the proper procedures for the vacation.
Councilman Billings stated that the first reading ordinance for
this vacation will be on Council's agenda for the next meeting to
either approve or disapprove.
RECESS: Mayor Nee called a reCess at 10:20 p.m.
RECONVENED: Mayor Nee reconvened the meeting at 10:32 p m. All
members of the Council were present
OLD BUSINESS:
16. ORDINANCE N0. 1065 TO AMEND THE CITF CODE OF THE CITY OF
REZONING REQUEST, ZOA #9S-01, BY THE ROTTLUND COMPANY, INC.
�,
UNIVERSITY AVENUE, AND NORTH OF SATL�LLITE LANE) (WARD 1):
Ms. Dacy, Community Development Director, stated that this is the
second and final reading of an ordinance to rezone 14 acres to S-2
in the Southwest Quadrant of Mississippi Street and University
Avenue to allow for a development by Rottlund Homes. She stated
that the development agreement has been reviewed and signed by the
developer, the Chairman of the Housing and Redevelopment Authority
and its Executive Director.
Ms Dacy stated that the developer agreed to all of the stipula-
tions approved by Council but requested modification of Stipulation
#15 regarding marketing the Village Homes on the west side of Third
Street. She stated that the values were changed on the units, and
there was an addition of wording that the price limltations for the
Village Homes sha11 expire the later of one year after building
permits for the units are available or one year after the
redeveloper has marketed the pro�ect describing the availability of
the units, but no earlier than July 1, 1997.
Ms. Dacy stated that the S-2 zoning is proposed on an approved
development plan which is one of the stipulations of the rezoning
approval. She stated that any changes must be approved by Council,
the HRA and the Planning Commission.
MOTION by Councilwoman Sorgenson to waive the reading and adopt
Ordinance No. 1065 on the second reading and order publication,
sub�ect to the following stipulations: (1) Rott1_und Homes, Inc.
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FRIDLEY CITY COUNCIL MEETING OF APRIL 22, 1996 PAGE 23
sha11 develop the property in conformance to the site plan dated
February 26, 1996. The petitioner sha11 also comply with the
stipulations of P.S. #95-01 and SAV #95-02; (2} the Mississippi
Street/Third Street intersection shall be reconstructed ln
accordance with the design as generally depicted on the proposed
site plan dated February 26, 1996 which may be further detailed in
a Joint Powers Agreement with Anoka County and the Crty, or amended
by County or City stafi. It is understood that the cost of
construction of the improved intersection will be divided equally
between the petitioner, Anoka County, the Fridley HRA, and the
property owner of Holly Center. The petitioner sha11 obtain the
appropriate permits for work within the Anoka County right-of-way,
(3) Rottlund Homes, Inc. shall execute a landscape easement and
maintenance agreement with RAO Manufacturing prior to grading the
property. A copy of the agreement shall be submitted for staPf
approval prior to execution. The agreement shall require Rottlund
to install an eight foot fence and coordinate grade elevations with
RA0 for proper drainage; l4} a$60,000 performance bond sha11 be
submitted prior to the inrtiation of grading to insure installation
and maintenance of the proposed landscaping as approved by the City
Council. The performance bond shall remain in force through one
growing season of vegetation proposed in the plan, (5) the
developer shall install the landscaping and fencing treatments as
proposed on the plan dated February 27, 1996; (6) ornamental metal
fencing with alternating brick/stone columns shall be installed
along Universrty Avenue sub�ect to the requirements of MnDOT,
Minnegasco, and City staff; (7) Rottlund Homes, Inc. shall obtain
any necessary permits from MnDOT regarding fencing, uLilities,
grading, or other issues, (8) the entry features shall be installed
according to the plan prepared by Arteka dated April 20, 1995; {9)
Rottlund Homes, Inc. shall install the improvements in the
public/private plaza as specified in the Public/Private Plaza/Park
Area Revised Concept Plan dated February 27, 1996. Three
additional benches shall be included in the p1an; (10) all utility
boxes or other minor accessory structure sha11 be properly screened
with vegetation or decorative fencing, per the rules of the utility
companies and the City of Fridley; (11) the petitioner sha11
install all light standards as shown on the site plan dated
February 26, 1996 including the 25 foot NSP light standards.
Additional single globe light standards shall be installed in the
southeast part of the site for the attached units, depending on the
photometric needs of the driveway areas. Pedestrian-height light
standards (six feet} shall be installed through zhe plaza area,
(12) the units shall be constructed in accordance with the
architectural plans dated February 29, 1996, or as amended by the
HRA; (13) Viszon 2000 windows or an equivalent approved by the City
shall be installed in all units; (14) Rottlund Homes, Inc. sha11
enter into a development contract with the Fridley Housing and
Redevelopment Authority and sha11 comply with all of its
provisions; (15) at least one-third of the units on the west slde
of Third Street sha11 be specifically marketed to seniors at a
value between $90,000 to $115,000 and shall be one-story in height.
FRIDLEY CITY COUNCIL MEETING OF APRIL 22, 1996 PAGE 24
� The remaining two-thirds shall be divided between $115,000 and
$125,000 and $125,000 and above. The price limitations for the
Village Homes shall expire the later of one year after building
permits for the units are available or one year after the
Redeveloper has marketed the pro�ect describing the availability of
the units, but no earlier than July 1, 199�, and (16) the units on
the west side of Third Street (village homes) sha11 be constructed
so as to avoid the same building elevation being constructed
immediately ad�acent to one another. Seconded by Councilman
Schnelder. Upon a voice vote, Councilwoman Jorgenson, Councilman
Schneider, Councilwoman Bolkcom and Mayor Nee voted in favor of the
motion. Councilman Billings voted against the motion. Mayor Nee
declared the motion carried by a four to one vote.
17. ORDINANCE NO. 1066 UNDER SECTION 12.07 OF THE CITY CHARTER TO
VACATE STREETS AND ALLEYS AND TO AMEND APPENDIX C OF THE CITY
CODE (VACATION REQUEST, SAV #95-02, BY THE ROTTLUND COMPANY,
MOTION by Councilman Billings to waive the reading and adopt
Ordinance No. 1066 on the second reading and order publication.
Seconded by Councilwoman Solkcom. Upon a voice vote, all voting
aye, Mayor Nee declared the motion carried unanimously.
� 18. APPROVE CHANGE ORDER N0. 4 FOR LOCKE LAKE DAM RECONSTRUCTION
PROSECT N0. 211 (TABLED APRIL 8, 1996) (WARD 3):
Mayor Nee removed this item from the table.
Mr. Flora, Public Works Director, stated that in finalizing the
Locke Lake Dam pro�ect, an increase in concrete reinforcing steel
placed in the dam structure was identtfied. He stated that this
change order identifies an increase of 7,493 pounds of steel at a
cost of $4,121.15.
MOTION by Councilwoman Jorgenson to authorize Change Order No 4
for the Locke Lake Dam Reconstruction Pro�ect No. 211 with Lunda
Construction Company in the amount of $4,121.15. Seconded by
Councilman Billings. Upon a voice vote, Councilwoman Jorgenson,
Councilman Billings, Councilman Schneider and Mayor Nee voted in
favor of the motion. Councilwoman Bolkcom abstained from voting on
the motion Mayor Nee declared the motion carried by a four to one
vote.
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FRIDLEY CITY COUNCIL MEETING OF APRIL 22, 1996 PAGE 25
� NEW BUSINESS:
19. SPECIAL USE PERMIT, SP #96-04, BY ROGER MOODY OF FRIENDLY
CHEVROLET, TO ALLOW AUTOMOBILE AGENCIES SELLING OR DISPLAYING
NEW AND/OR IISED MOTOR VEHICLES IN ORDER FOR A SHOWROOM/OFFSCE
Mr. Hickok, Planning Coordinator, stated that this is a request for
a special use permit to allow expansion of an automobile agency
selling or displaying new and/or used vehicles. He stated that if
this is approved, the petitioner would construct a 3,904 square
foot, two-story addition to the existing showroom. He stated that
this addition would allow the petitioner to remove the temporary
trailer currently being used as office space
Mr. Hickok stated that the Planning Commission recommended approval
with staff's recommended stipulations, plus three add�tional
stipulations, which Mr. Hickok outlined. He stated that the
petitioner will be applying for a variance to the setback along the
front of the property and a variance to curb and gutter along the
north perimeter of the parking area. He stated that the petitioner
is reluctant to install curb along the east perimeter of the
parking area at this time since they are negotiating to purchase
property to the east. He stated that in regard to the green space
� to the south, they believe that would eliminate fifty vehicle
stalls and c�ill be requesting a variance.
Mr. Hickok stated that staff recommends approval of this special
use permit with the eight stipulations. He stated that variance
requests will be forthcoming on some of these items.
Mr. Woody, of Friendly Chevrolet, introduced Mr Mike Klein who
reviewed their request.
Mr. Klein stated that as far as the front property line, they are
requesting a variance of the setback not for the curb and gutter.
He stated that the front property line has been established,
historically, over time, and there is a 20 foot setback in front of
the building. To the north and south of the building, the setback
is only 12 feet. He stated that there is security fencing and
lighting installed, and they would increase the landscaping.
Mr. Klein stated that in regard to stipulation #2, they are
requesting a variance on the curb and gutter along the north
property line only and not on the west side. He stated that there
have been encroachments on the property, and this may have affected
the setbacks.
� Mr. Klein stated that the variance is also requested for the
curbing on the south property line until a decision can be made on
the accesses to the building. He stated that the petitioner is
negotiating to purchase propexty to the east, but until this is
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FRIDLEY CITY COUNCIL MEETING OF APRIL 22, 1996 PAGE 26
resolved, the curb required on the east property line would be
postponed.
Mr. Klein stated that with the new addition, the building will be
refaced with new stucco. He stated that Mr. Moody concurs with the
revised stipulations, and the trailer would be eliminated as soon
as the addition is constructed.
Councilwoman Jorgenson stated that there is a lot of blacktop. She
felt that she would like to have more green space.
Mr. K1ein stated that prior to the petitioner purchasing the
property, the City was contacted for an evaluation of the property
to determine deficiencies from the Crty's point of view. He stated
that numerous improvements were done based on the City's original
review of the property. He stated, at that time, the City did not
mention the setbacks. He stated that from the owner`s point of
view, if he would have recognized the deficiencies, he may ar may
not have purchased the property. He stated that if all the
setbacks were enforced, they would lose 87 parking stalls, and the
petitioner feels that is a hardship for him. He stated that the
landscapinq will be enhanced for the public view.
Councilwoman Jorgenson questioned how much would be devoted to
green space with the potential for future development�
Mr. Hickok stated that staff would have to see the layout in the
landscaping proposal.
Councilwoman Schneider stated that as far as car dealers, Friendly
Chevrolet is much nicer than some others.
Councilwoman Jorgenson stated that the site has improved; however,
if they expand to the east she would like more green areas.
MOTION by Councilman Schneider to grant Special Use Permit, SP
#96-04, with the following stipulations: (1) the boulevard area
along the front of the property (facing Highway 65) shall be
expanded to meet the 20 foot hardsurface setback area, unless the
applicant obtains a variance for the same; (2) the petitioner shall
provide curb and gutter along the west and north perimeter of the
parking area except where they may obtain a variance therefrom; (3)
the petitioner shall install additional street trees along the
center part of the boulevard area; (4) no cars shall be displayed
on the boulevard; (5) the petitioner sha11 provide curb and gutter
along the east and south perimeter of the parking area within three
years of the issuance of the special use permrt, (6) the petitioner
shall expand the boulevard area along L'ireside Drive to meet the 20
foot hardsurface setback and provide the required landscaping, a
three foot berm or hedge, to provide screening for the ad�acent
residential property; which work shall be completed in three years
unless the petitioner obtains a variance therefrom; (7) all items,
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FRIDLEY CITY COUNCIL MEETING OF APRIL 22, 1996 PAGE 27
except for those that have a three-year grace perYOd, shall be
completed prior to the issuance of the certificate of occupancy;
and (8) prior to going to the City Council, the petitioner shall
work with staff to come up with reasonable assurances that those
items not completed at the time of the issuance of the certificate
of occupancy will be completed within the time period as provided.
Seconded by Councilwoman Bolkcom. Upon a voice vote, all voting
aye, Mayor Nee declared the motion carried unanimously.
20. RECEIVE PETITION N0. 5-1996 FROM THE RESIDENTS EAST OF THE
RAILROAD TRACKS ON LOCKE LAKE:
Mr. Flora, Public Works Director, stated that a petition has been
received from residents east of the railroad tracks on Locke Lake.
He stated that they propose to �oin with the City and the Rice
Creek Watershed District in funding the removal of sediment from
the back waters of Locke Lake during the RCWD Locke Lake sediment
removal pro�ect.
Mr. F1ora stated that the petitioners propose to contribute $3,000
each, amounting to a total of $18,000, and request that the City
match this amount in accordance with the storm water policy. He
stated that they wish to seek the Rice Creek Watershed District's
participation in their stream bed and erosion program of 30
percent. He stated that this would encourage the RCWD to
contribute $15,428 for a net amount of $51,428 for sediment
removal.
MOTION by Councilman Billings to receive Petition No. 5-1996,
authorizing matching City funds and directing staff to initiate the
process with the Rice Creek Watershed District. Seconded by
Councilwoman Jorgenson. Upon a voice vote, Councilman Billings,
Councilwoman Jorgenson, Councilman Schneider and Mayor Nee voted in
favor of the motion. Councilwoman Bolkcom abstained from voting on
the motion. Mayor Nee declared the motion carried by a four to one
vote
21. APPROVE CHANGE ORDER N0. 1 FOR STONYBROOK CREEK BANK
STABILIZATION PROJECT N0. 246:
Mr. F1ora, Public Works Director, stated that this change order is
to cover the construction of a temporary roadway to excavate Locke
Lake. He stated that the total cost was $7,000 for 800 lineal feet
at $8.75 per lineal foot. He stated that when the pro�ect was
originally bid it was intended to remove the sediment during the
winter while there was still deep frost in the ground. He stated
that due to unforeseen delays with the permits, the contractor was
not able to proceed until March 27, 1996, therefore, the temporary
road was necessary. He recommended approval of this change order.
MOTION by Councilman Schneider to authori�e Change Order No. 1 for
the Stonybrook Creek Bank Stabilization Pro�ect No. 246 with Shield
� FRIDLEY CITY COUNCIL MEETING OF APRIL 22, 1996 PAGE 28
Construction Company in the amount of $7,000.00. Seconded by
Councilman Billings. Upon a voice vote, Councilman Schneider,
Councilman Billings, Councilwoman Jorgenson, and Mayor Nee coted in
favor of the motion. Councilwoman Bolkcom abstained from voting on
the motion. Mayor Nee declared the motion carried by a four to one
vote.
11. APPROVE FLOOD HAZARD MITIGATION GRANT AGREEMENT WITH THE STATE
OF MINNESOTA, DEPARTMENT OF NATURAL RESOURCES:
AND
APPROVE CONTRACT WITH SHORT, ELLIOTT, HENDRICKSON, INC., TO
COMPLETE MISSISSIPPI RIVER FLOOD ELEVATION STUDY:
Mr. Flora, Public Works Director, stated that the City has received
an agreement from the Department of Natural Resources to share in a
study of the Mississippi River flood elevation through its flow in
Fridley, as well as conducting a feasibility study to determine a
cost effective method of upgrading the emergency levee along the
Mississippi River. He stated that the agreement calls for the City
to share fifty percent in the cost of these studies.
Mr. Flora stated that SEH has submitted a bid of $12, 000 for the
Mississippi River flood study which would be completed in
� approximately six months. He stated that Barr Engineering
submitted a proposal for the levee study of $18,000.
Mr Flora requested that Council execute the DNR agreement for the
Mississippi River flood elevatYOn study and approve the contract
with SEH to complete that work for a total cost of $12,000.
Councllwoman Solkcom felt that paragraph I-B should be deleted.
She also questioned the amount or cost of the pro�ect which stated
$15,000 in the agreement when the bid was for $12,000. She stated
that she would prefer that any reference to a pro�ect not be used
but to refer instead to a study. She stated that she was concerned
that the City may be giving the impression they would spend up to
$30,000 on a pro�ect.
MOTION by Councilwoman Bolkcom to table this until revisions are
submitted. Seconded by Councilman Schneider. Upon a voice vote,
all voting aye, Mayor Nee declared the motion carried unanimously.
9. LICENSES:
Mr. Pribyl, Finance Director, stated the two peddlers/solicitors/
transient merchants licenses for Edgar Letran and David Rohrbach
should be deleted. He stated that due to an oversight, the license
for Sharx Nightclub was not included for renewal and should be
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FRIDLEY CITY COUNCIL MEETING OF APRIL 22, 1996 PAGE 29
MOTION by Councilman Billings to approve the licenses as submitted
and as on file in the License Clerk's Office. Seconded by
Councilwoman Jorgenson.
MOTION by Councilman Billings to delete the two peddlers licenses
for Edgar Letran and David Rohrbach. Seconded by Councilwoman
Jorgenson Upon a voice vote, a11 voting aye, Mayor Nee declared
the motion carried unanimously.
UPON A VOICE VOTE TAICEN ON THE MAIN MOTION, all voted aye, and
Mayor Nee declared the motion carried unanimously
SHARX CLUB LICENSE RENEWAL:
MOTION by Councilman Schneider to approve the renewal of the
license for Sharx C1ub and Sports Bar. Seconded by Councilman
Billings.
Mr. Pribyl, Finance Director, stated it appears that the breakdown
for food sales does not contain some of the non-alcoholic beverages
that are served and contribute to an increase in food sales in
relation to liquor sales.
Mr DeFoe, owner of Sharx Nightclub, stated that non-alcoholic
beverages such as pop, milk, or coffee are not included in the food
sales
Councilwoman Bolkcom asked Mr. DeFoe to provide this information
for the last several months.
MOTION by Councilwoman Bolkcom to amend the motion that the
applicant provide monthly sales tax information to the Finance
Director and Council review thzs license renewal in six months or
sooner and have the Finance Director determine that the sales are
within the amount required by the ordinance Seconded by
Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee
declared the motion carried unanimously.
UPON A VOICE VOTE ON THE MAIN MOTION, all voted aye, and Mayor Nee
declared the motion carried unanimously.
5, RESOLUTION REQUESTING THE REDUCTION OF SPEED ON COUNTY HIGHWAY
132 (WARD 3):
Mr. Flora, Public Works Director, stated that in order for the
County to proceed with a study, they want all three cities abutting
this roadway to submit a request.
Councilwoman Jorgenson stated that there have been significant
changes since the speed limit was established_
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FRIDLEY CITY COUNCIL MEETING OF APRIL 22, 1996 PAGE 30
Councilman Billings felt that the other two cities, Blaine and Coon
Rapids, should be involved before Council takes any action on this
resolution. He stated that since Fridley is suggesting 40 mph, he
felt that staff should continue to work with the other cities. He
also suggested that letters be obtained from our legislative
representatives and these materials be sent to MnDOT.
Councilwoman Jorgenson stated that she would concur.
Mr. Flora stated that MnDOT, who sets the speed limits, will
establish the limits based on their criteria. What the City
requests has no bearing on what they establish.
MOTION by Councilman Billings to adopt this resolution. Seconded by
Councilwoman Jorgenson.
MOTION by Councilman Schneider to table this item. Seconded by
Councilwoman Bolkcom. Upon a voice vote, all voting aye, Mayor Nee
declared the motion carried unanimously.
23. INFORM�L STATUS REPORTS:
Councilwoman Bolkcom thanked staff and everyone who participated in
the Home Remodeling and Garden Fair. She also extended thanks to
Home Depot and the HRA for co-sponsoring this event. She stated
that about 800 persons attended.
Councilwoman Jorgenson stated that it was a wonderful
vendors were very good, and people felt it should be
year. She extended thanks to everyone who contributed.
ADJOURNMENT:
event, the
done every
MOTION by Councilwoman Jorgenson 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 April 22, 1996 ad�ourned at 12:38
a.m.
Respectfully submitted,
� t,
� t � V�_ � ���� ,
Carole Haddad
Secretary to the City Council
W �.l�+�r�^-
William J.
Mayor
� �
Nee