05/06/1996 - 00002035�
THE MINUTES OF THE REGULAR MEETING OF THE FRIDLEY CITY COUNCIL OF
MAY 6, 1996
The Regular Meeting of the Fridley City Council was called to order
by Mayor Nee at 7:33 p.m.
PLEDGE OF ALLEGIANCE.
Mayor Nee led the Council and audience in the Pledge of Allegiance
to the Flag.
ROLL CALL.
MEMBERS PRESENT
MEMBERS ABSENT
Mayor Nee, Councilwoman Jorgenson, Councilman
Billings, Councilman Schneider, and
Councilwoman Bolkcom
None
LEGISLATI'JE UPDATE- SENATOR DON BETZOLD:
Mayor Nee stated that Council was privileged to have Senator
Betzold here this evening to report on the acticities of the
legislature.
Senator Betzold stated that he was cery sorry he could not attend
� the last Council meeting. His district covers many cities, and he
was det3ined at another meeting. He sL-ated that this was a short
legislative session which began in mid-January. There were 1,800
bills held over from the last session and 1,000 new bills
introduced this session. He stated thaL at the time the session
began, there was concern about budget cuts by the federal
government, however, this did not materialize.
Senator Betzold stated that one of the ma�or bills is the crime
bill which requires community notification of sex offenders He
served on the task force for this bill which requires law
enforcement agencies to be notif�ed, if a sex offender moves into a
community. He stated that the extent of notice to rhe community
depends on the severity of the offender's crimes. A similar bil]
has been in eLfect for several years in Lhe state of Washington
Senator Betzold said the study of a new airport was ended. If
there is expansion it will be at the present site He felt this
was good news for the north metro area.
Senator Betzold stated that a bili was passed on pawn shop
regulations and should be compared with the City's ordinances. One
of the issues dealt with tltle pa�aning �ahere people pawn the title
of their car. He contacted the Fridley Police DepartmenL when the
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� FRIDLEY CITY COUNCIL MEETING OF MAY 6, 1996 PAGE 2
bill was being considered and obtained ideas on how to amend this
bill.
Senator Betzold stated that the�e is more flexibility for cities on
the issuance of temporary liquor licenses. He said, currently, a
city can only issue a license for no more than three days and this
now has been changed to twelve days.
Senator Betzold stated that another bill prohibits a city from
paying a consultant a percentage of the estimated costs of
improvements. Consultants can be paid on a flat fee or hourly rate
but not a percentage of the costs of the improvements.
Senator Betzold stated that Mr. Flora, Public Works Director,
contacted him to request assistance in funding the Locke Lake
pro�ect. This request was too late to be considered for this
session but possibly something could be done next year.
Senator Betzold stated that there is a bill that he introduced
which was watered down that would have given cities a stronger hand
in closing down businesses that do not comply with city ordinances.
However, if a city has a non-conforming business there is another
statutory authority to get to court quicker.
� Senator Betzold stated that there was no agreement on a gas tax.
The funding formula does not benefit Anoka County, and he did not
feel a gas tax increase would help at all.
Senator Betzold stated that nothing happened on property tax
reform, and this probably will be a big issue going into next year.
He stated that the Senate proposed a property tax freeze to force
discussion, but nothing materialized. He felt there needed to be
some reform to help everyone.
Senator Betzold stated that he appreciated the opportunity to
appear before Council and hearing from City staff during this past
legislative session. He would like to hear from Council on their
ideas regarding property tax reform.
Mayor Nee said he was happy the issue of a property tax freeze was
disposed of.
Mayor Nee thanked Senator Betzold for the update and said he
appreciated what he is doing for the City.
APPROVAL OF MINUTES.
CONTINUED BOARD OF REVIEW MEETING OF APRIL 22, 1996•
� MOTION by Councilman Schneider to approve the minutes as presented.
Seconded by Councilwoman Bolkcom. Upon a voice vote, all voLing
aye, Mayor Nee declared the motion carried unanimously.
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FRIDLEY CITY COUNCIL MEETING OF MAY 6, 1996 PAGE 3
COUNCIL MEETING OF APRIL 22, 1996.
MOTION by Councilwoman Jorgenson to approve the minutes as
presented. Seconded by Councilman Schneider Upon a voice vote,
all voting aye, Mayor Nee declared the motion carried unanimously.
APPROVAL OF PROPOSED CONSENT AGENDA:
OLD BUSINESS•
1 APPROVE FLOOD HAZARD MITIGATION GRANT AGREEMENT WITH THE STATE
OF MINNESOTA, DEPARTMENT OF NATURAL RESOURCES•
AND
APPROVE CONTRACT WITH SHORT, ELLIOTT, HENDRICKSON, INC. (SEH)
TO COMPLETE THE MISSISSIPPI RIVER FLOOD ELEVATION STUDY
(TABLED APRIL 22, 1996):
Mr Burns, City Manager, stated that the terms of this grant
agreement are that the City pays fifty percent of the cost of
conducting a study to determine the 100 year flood elevation
of the Mississippi River; The City agrees to ab�de by state
statutes relating to non-discrimination, prevailing wages, and
accounting and auditing; and to hold the state harmless from
any claims or actions arising from the performance of the
agreement by the City. He stated it is understood that if the
100 year flood elevation is higher or lower than the current
elevation specified by FEMA, the Crty shall apply for a
revision to its flood insurance study and rate maps.
Mr. Burns said the terms of the agreement with SEH are that
they will obtain hydrologic/hydraulic information from the
Minnesota Department of Natural Resources, the Corps of
Engineers and USGS, as well as FIS information and
documentation. SEH will obtain mapping of the pro�ect area
irom the City and contact Hennepin County regarding operation
of the Coon Rapids dam. SEH will review the information and
submit a report for an estimated cost of $12,000. Mr Burns
stated that staff recommends approval of both of these
agreements.
APPROVED THE FLOOD HAZARD MITIGATION GRANT AGREEMENT WITH THE
STATE OF MINNESOTA, DEPARTMENT OF NATURAL RESOURCES; AND THE
CONTRACT WITH SHORT, ELLIOTT, HENDRICKSON, INC. TO COMPLETE
THE MISSISSIPPI RIVER FLOOD ELEVATION STUDY.
NEW BUSINESS:
2. FIRST READING OF AN ORDINANCE AMENDING CHAPTER 114 OF THE
FRIDLEY CITY CODE, REGARDIPQG `PHE ABA`PEMEiQ`P OF JUNI: OR UNSAFE
VEHICLES ON PRIVATE PROPERTY'
Mr. Burns, City Manager, stated that this ordinance amendment
procides a more detailed definition of what constitutes a �unk
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FRIDLEY CITY COUNCIL MEETING OF MAY 6, 1996 PAGE 4
vehicle. The ordinance provides reference to state statutes
in defining unsafe motor vehicles, and a detailed five-day
notification and abatement process to replace the current
twenty-day process. He stated that the ordinance also
provides for an aggrieved owner hearing process and identifies
a one year "sunset date" to allow for re-examination of the
ordinance one-year from its adoption. He stated that the
strengthened �unk car ordinance was supported by 62 percent of
those responding to the City's recently completed survey by
Fridley residents.
WAIVED THE READING AND APPROVED THE ORDINANCE ON FIRST
READING.
3. FIRST READING OF AN ORDINANCE AMENDING CHAPTER 128 OF THE
FRIDLEY CITY CODE, REGARDING THE RELEASE OF ABATED PROPERTY
�n
IIY:17
OF SAME OR SIMILAR VIOLATIONS ON
Mr. Burns, City Manager, stated that this ordinance amendment
requires an agreement with the property owner prior to the
return of abated materials to the site of the initial
abatement. The ordinance requires the property owner to pay
any of the City's costs for removal or storage of abated
materials and requires the property owner to agree not to
return abated items to their original location. The ordinance
also provides for an abbreviated notice for removal of
illegally stored items that have previously been abated.
WAIVED THE READING AND APPROVE THE ORDINANCE ON FIRST READING.
RESOLUTION N0. 32-1996 CALLING FOR THE ADVERTISEMENT FOR BIDS
FOR THE WELL N0. 12 WATER TREATMENT PLA1�T PROJECT N0. 293:
Mr. Burns, City Manager, stated that the 1996 Capital
Improvements Plan provides $1,066,000 for the construction of
a filter that will remove iron and manganese from water pumped
from Well No. 12. The construction of the Filter will provide
an additional 1 7 million gallons per day of filtered water
and will nearly eliminate the pumping of unfiltered water
during summer months. Plans and specifications have been
prepared by Maier Stewart and Associates, with bids to be
opened June 19, 1996. The pro�ect construction will occur
during 1996 and will be completed by June, 1997. Staff
recommends adoption of this resolution calling for the
advertisement for bids for this pro�ect.
ADOPTED RESOLUTION NQ. 32-1996.
' FRIDLEY CITY COUNCIL MEETING OF MAY 6, 1996 PAGE 5
5. RESOLUTION N0. 33-1996 ORDERING FINAL PLAN5 AND ESTIMATES OF
COSTS THEREOF: 1996 STREET IMPROVEMENT PROJECT N0. ST 1996 -
1 & 2.
Mr. Burns, City Manager, stated that this resolution provides
for the reconstruction of 77th Way between East River Road and
the Burlington Northern railroad tracks. The street will be
widened from 36 feet to 44 feet, and there are no assessments
for this pro�ect. The street construction work will be done
in con�unction with the construction of a new twelve-inch
sanitary sewer line that will connect a sanitary sewer main on
East River Road with a ma�or sewer interceptor on the east
side of the Burlington Northern Railroad tracks on 77th Way.
ADOPTED RESOLUTION NO 33-1996.
6. RESOLUTION N0. 34-1996 ORDERING IMPROVEMENT, APPROVAL OF PLANS
AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS: STREET
IMPROVEMEI�IT PROJECT N0. ST 1996-10 (SEALCOAT):
Mr. Burns, City Manager, stated that this resolution
authorizes specifications and bids for the 1996 sealcoating
pro�ect. Streets not sealcoated in the 1995 plan have been
added to those programmed for 1996. A vast ma�oritv of this
� sealcoating will occur between Univers�ty Avenue and Highway
65 in the areas north of I-694 and south of Rice Creek. The
1996 program will also focus on streets between Old Central
Avenue and Stinson Boulevard in the area north of "73rd Avenue
and south of Osborne Road. The estimated cost for this 1996
pro�ect is $235,949, and staff recomm2nds adoption of this
resolution.
ADOPTED RESOLUTION NO, 34-1996.
7. RESOLUTION N0. 35-1996 ORDERING IMPROVEMENT, APPROVAL OF PLANS
AND SPECIFICATIONS AND ORDERING ADVERTZSEMENT FOR BIDS: STREET
IMPROV�MENT PROJECT N0. ST 1996-11 (SLURRY SEAL):
Mr. Burns, City Manager, stated that this resolution
authorizes specifications and bids Lor the 1996 slurry seal
pro�ect. The City will slurry seal the streets that have been
improved within the last fzve years. The program will focus
on Rice Creek Terrace, Brookview Drive, Monroe Street and
portions of Seventh Street and 67th Avenue. The estimated
cost for this pro�ect is $54,000. Although this pro�ect has
not specifically been provided for in the 1996 Capital_
Improvements Plan, staff believes there will be ample funding
from abandoned portions of the 1996 street reconstruction
� program to cover these costs.
ADOPTED RESOLUTION NO. 35-1996.
' FRIDLEY CITY COUNCIL MEETING OF MAY 6, 1996 PAGE 6
8. RESOLUTION N0. 36-1996 INDEMNIFYING AND HOLDING HP.RMLESS THE
STATE OF MINNESOTA FOR ACTIONS ARISING FROM THE GRANTING OF A
VARIANCE ON S A.P. 127-310-04 (CHERI LANE-FILLMORE STREET)
STREET IMPROVEMENT PROJECT N0. 1993-2.
ADOPTED RESOLUTION NO. 36-1996.
9. RESOLUTION N0. 37-1996 AUTHORIZING THE TRANSFER OF $1,000,000
FROM THE CLOSED BOND FUND TO THE CAPITAL IMPROVEMENT FUND IN
ORDER TO FUND PARK IMPROVEMENTS:
Mr. Burns, City Manager, stated that this resolution is the
result of Council's decision to invest in a five-year program
for upgrading equipment in City parks. The 1996 Capital
Improvements Plan proposes expenditures of $186,0000 for
upgrading equipment at Harris Pond, Jay, Logan, Springbrook,
Summit Square and Terrace Parks
ADOPTED RESOLUTION NO. 37-1996.
10 APPOINTMENT: CITY EMPLOYEE:
Mr. Burns, City Manager, stated that he is recommending the
appointment of Gerald Newberger to replace retiring police
� officer, Thomas Sauer. Mr. Newberger is a graduate of Anoka
High School, has an AA degree from North Hennepin Community
College and a BS degree in Business Management from St. Cloud
State University. He was previously a detention deputy with
the Hennepin County Sheriff's Office.
CONCURRED WITH THE APPOINTMENT BY THE CITY MANAGER OF GERALD
NEWBERGER AS PATROL OFFICER AT A STARTING SALF�FtY OF $12.99 PER
HOUR BEGINNING MAY 20, 1996.
11 CLAIMS
AUTHORIZED PAYMENT OF CLAIM NOS. 67807 THROUGH 67994,
12. LICENSES:
APPROVED THE LICENSES AS SUSMITTED AND AS ON FILE IN THE
LICENSE CLERK'S OFFICE.
13. ESTIMATES�
APPROVED THE ESTIMATES, AS SUSMITTED:
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FAIDLEY CITY COUNCIL MEETING OF MAY 6, 1996
Newquist & Ekstrum, Chartered
301 Fridley Plaza Office Building
6401 University Avenue N.E.
Fridley, MN 55432
Services Rendered as City Prosecuting
Attorney for the Month of February
1996 . . . . . . . . . . . . . . .
Frederic W. Knaak, Esq.
Holstad and Larson, P.L.C.
3535 Vadnais Center Drive
St. Paul, MN 55110
Services Rendered as City Attorney
for the Month of April, 1996 ...
Barna, Guzy & Steffen, Ltd.
400 Northtown Financial Plaza
200 Coon Rapids Boulevard N.W.
Coon Rapids, MN 55435-5489
Legal Services Rendered Durinq
February, March and April, 1996
Richmar Construction, Inc.
7776 Alden Way N.E.
Fridley, MN 55432
53rd Avenue Booster Station
Renovation Pro�ect No. 280
Estimate No. 1 . . . . . .
PAGE 7
$15,858.15
$ 4,250 00
. $ 301.89
$71,439.95
No persons in the audience spoke regarding the proposed consent
agenda items.
MOTION by Councilman Schneider to approve the consent agenda items.
Seconded by Councilwoman Bolkcom. Upon a voice vote, a11 voting
aye, Mayor Nee declared the motion carried unanimously.
ADOPTION OF AGENDA:
MOTION by Councilman Schneider to adopt the agenda as submitted.
Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting
aye, Mayor Nee declared the motion carried unanimously.
OPEN FORUM, VISITORS:
PRESENTED PETITION RE: POT BELLI�D PIGS:
Ms. Cindy Langendorfer, 15 63rd Way, presented a petition to
Council to amend the ordinance to allow potbellied pigs to be kept
as domestic pets in single family dwellings under the same laws and
ERIDLEY CITY COUNCIL MEETING OF MAY 6, 1996
8
' regulations as dogs. It has been proven that there is little
chance that anyone can get a disease from these potbellied pigs.
They do not shed or bark so they are not a nuisance to the
neighbors. Ms. Langendorfer stated that she has had potbellied
pigs for over a year, and they range between 15 to 120 pounds with
a height of 18 inches.
Councilwoman Bolkcom stated that the reason Ms. Langendorfer is
before the Council is that these animals are not covered under the
City's ordinances and, according to Ms Langendorfer, these animals
are very clean and intelligent. She said that Ms. Langendorfer is
a foster care provider and has not had any trouble with her
licensing because of these animals.
MOTION by Councilwoman Jorgenson to receive Petition No. 6-1996.
Seconded by Counczlman Schneider. Upon a voice vote, al1 voting
aye, Mayor Nee declared the motion carried unanimously.
Councilwoman Jorgenson asked if these animals require shots.
Ms. Langendorfer stated that shots are required only for their own
health. They are tested for rabies and if found to have this
disease, they are destroyed.
� LEGISLATIVE UPDATE BY REPRESENTATIVE ALICE JOHNSON:
Representative Alice Johnson stated that she had intended to be at
this meeting when Senator Betzold was present, but this was not
possible as she was asked to crown the king and queen at the
Fridley Convalescent Center prom. That was a rewarding experience,
and she felt honored to have been selected.
Representative Sohnson stated that there were a lot of issues in
this legislative session that were uncomfortable to deal with in
terms of ethics. The legislature balanced the budget and has a
strong budget reserve with no new taxes
Representative Johnson stated that Council informed her of their
views regarding the issues of a properLy tax freeze. That would
have been difficult for cities and school districts and is
something she did not support. She believes before changes can be
made to the old system, there has to be a new system to replace it.
Representative Johnson stated that $15 million was appropriated for
the infrastructure and construction of a science building at Anoka
Ramsey Community College.
Representative Johnson stated that the wetlands bill was also
' addressed to make it possible for more economic development in
Anoka County while also protecting the wetlands. She felt there
would be more discussion ln next year's sesslon regarding taX
increment financing.
� FRIDLEY CITY COUNCIL MEETING OF MAY 6, 1996 PAGE 9
Mayor Nee stated that Council appreciated her representation on the
City's behalf and her years of service.
Representative Johnson encouraged Council to keep her informed on
the issues rhat are important to the City.
RICHAFtD NETZ & LEROY ANDERSON RE ALDEN WAY PETITIONS:
Mr. Richard Netz, 7776 Alden Way, submitted a petition for
reconstruction of Alden Way. He felt the street needed to be
widened, and he believed he had the necessary signatures to proceed
wrth this improvement. Although there was a lot of ob�ection to
widening the street and having no parking, the ma�ority are in
favor of it.
Mr. Leroy Anderson, 7581 Alden Way, also submitted a petition for
reconstruction of Alden Way.
MOTION by Councilwoman Bolkcom to receive the two petitions, No.
7-1996 and 8-1996, for the reconstruction of Alden Way. Seconded
by Councilman Schneider. Upon a voice vote, all voting aye, Mayor
Nee declared the motion carried unanimously.
� Ms. Leslie Richter, 7847 Alden Way, stated that she and her husband
purchased their home on Alden Way in 1990. She takes pride in the
fact that they made a conscience decision to stay in Fridley where
both of them lived and attended Fridley schools. Ms. Richter felt
the City should take advantage of the resources and invest in the
improvement of Alden Way People are willing to make investments
to improve their homes, and she felt it was also necessary to have
good streets. She encouraged Council to proceed with the
improvement
Dr. Joseph Lapinski, 7680 Alden Way, stated that he would agree the
City needs good streets and curbs and gutters, but he has a problem
with widening the street. He ob�ects to the state regulations that
a street needs to be a certain width, which he felt was not
appropriate for Alden Way and not conducive to good living.
Mr Flora, Public Works Director, stated that Alden Way is 30 feet
wide, but with the new curb and gutter, there would be an
additional one foot of concrete on each side, making the street 32
feet wide from curb to curb. The state standards require that a
street 32 feet wide have parking only on one side.
Councilwoman Bolkcom stated that no shrubs or t�ees would be
affected by the widening. She honestly did not believe the speed
would increase.
� Councilwoman Jorgenson stated that streets have been improved all
over the City, and the argument that everyone will drive faster
simply is not true.
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FRIDLEY CITY COUNCIL MEETING OF MAY 6, 1996 PAGE 10
Dr. Lapinski stated that when universal laws are applied it does
not work. The ma�ority of the property owners are in favor of curb
and gutter but he did not understand why there cannot be an
exception regarding the width and parking. He questioned how these
standards rould be changed or modified.
Councilwoman Bolkcom advised him to contact his legislators.
Mr. F1ora stated that he serves on the task force that reviews the
state standards for streets. They have finished dealing with rural
roads and will be discussing urban state standards in the future.
Mr. Jerry Fuhr, 7836 Alden Way, stated that he is disappointed that
there is not a better solution. With pressure from his neighbors
and the fact that he would like an improved street, he supported
the petition, although he has not signed it. He would like the
street as a residential street and not have the parking limited.
Ms. Richter stated that she agrees with Dr. Lapinski's comments.
She felt once the improvements were completed, the property owners
may want to use their own resources to make the street as
aesthetically pleasing and as unique as possible.
Councilwoman Bolkcom stated that she appreciated the work of those
who circulated the petitions.
Mr. Leroy t7nderson asked if a decision could be made this evening.
Councilwoman Jorgenson advised him that this is not an agenda item.
Councilwoman Bolkcom stated that if this was an agenda item, action
could be taken by Council. These petitions were submitted under
the open forum segment so it was not an official agenda item.
Mr. Flora stated that fifty percent of the residents are in favor
of the pro�ect. This improvement could be added to the 1996 street
improvement pro�ect and placed on Council's agenda for action at
the next meeting.
NEW BUSINESS:
14. FIRST READING OF AN ORDINANCE UNDER SECTION 12 07 OF THE CITY
CHAFtTER TO VACATE STREETS AND ALLEYS AND TO AMEND APPENUIX C
HOMES, INC.
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11VL4 AG�JULiJl� Jt1V 7}JV-V1� D1 11"lYGR1
LOCATED AT 1435 ROYAL OAK COURT N.E
Mr. Hickok, Planning Coordinator, stated that this is the flrst
� reading of an ordinance for a vacation at 1435 Royal Oak Court N.E.
He stated that the vacation is for a portion of a drainage easement
to allow construction of a home at this address. A public hearing
was held on this vacation request on April 22
� FRIDLEY CITY COUNCIL MEETING OF MAY 6, 1996 PAGE 11
Mr. Hickok stated that the question before Council this evening is
whether to a11ow an exchange of property. The area to be vacated
equals 140 square feet, and a proposed alternative easement area is
280 square feet or two times that which is being vacated. This
easement area will protect additional natural features on the site
and is good compensation for the area to be vacated.
Mr. Hickok stated that staff's original recommendation was for
denial; however, the Planning Commission recommended approval of
the vacation. At this time, staff is recommending approval, as
they believe the exchange is an appropriate exchange of land. It
also offers something of value where a smaller area would be
vacated and a larger area preserved.
Councilman Schneider stated that the ordinance does not contain the
legal description of the new easement to be dedicated.
Mr. Hickok stated that when the ordinance is before Council for a
second reading it will contain the 1ega1 description of the new 280
square foot easement.
Councilman Schneider stated he understood tha� this vacation was a
wetland buffer zone.
� Mr. Hickok stated that this was a drainage easement added as part
of the plat to help provide a buffer around the wetland
delineation.
Councilman Schneider stated that he had reservations relative to
the way this was presented. He felt this certainly made some sense
in that the City is adding a drainage protection area and expanding
the size o£ the protected area.
Mayor Nee felt that this was a very creative solution to a tough
problem. He congratulated Councilman Billings on presenting a
solution.
Councilwoman Jorgenson questioned the elevation of the new easement
area and the direction of the drainage.
Mr. Hickok stated that the drainage follows roughly the same
contour. There is vegetation that will be protected in this area.
He concluded that there may be some water in this 280 square feet
easement during heavy rainfall.
MOTION by Councilman Schneider to waive the reading and approve the
ordinance on first reading. Further, to direct staff to add the
appropriate language into the ordinance to indicate the dedication
� of the new easement in exchange for the vacation before it comes
back to the Council for second reading. Seconded by Councilwoman
Bolkcom.
FRIDLEY CITY COUNCIL MEETING OF MAY 6, 1996 PAGE 12
� Councilwoman Bolkcom stated that she understands this is a
satisfactory compromise.
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Mr. Hickok stated that Mr. Haluska had spoken in opposition at the
public hearing; however, he was unable to attend the meeting this
evening. Mr. Haluska advised Mr. Hickok that he could support the
exchange.
Mr. Reyes, 1479 N. Danube Road, stated that he tried to reach Mr.
Haluska, but understands he is out of town on business. He was not
aware that Mr. Haluska approved of this plan. Mr. Reyes stated
both he and his family are opposed to the plan
Mr. Reyes stated that the issues are still the same and it seemed
Council had significant opposition at the public hearing. A great
deal of attention has been brought to this matter, and he wondered
how this decision can be made this evening without further input.
Mr. Reyes stated that he attended six months of ineetings on this
matter. Promises were made by Council that lines drawn on surveys
would be honored by all parties. He is now hearing that wetland
delineation can be changed for the convenience of the developer
In regard to the area to be added to the back of the lot, he did
not know the effect on the wetland. He is concerned what would
happen to the wetland if building is allowed in this easement.
Mr. Hickok clarified that this is not an encroachment on the
wetland delineation but an encroachment on the drainage easement
created for an additional buffer. The delineation of the wetland
is not affected, but the easement area is_
Mayor Nee pointed out that the exchange is fairly common and is
used throughout Minnesota. It is not unusual to have a two-to-one
exchange which is reasonable for wetlands.
Mr. Reyes stated that this is a new plan that has been brought
forward, and there was no discussion at the last meeting about this
exchange. He was troubled by the process if a vote would have been
taken.
Councilman Schneider stated that the public hearing was for the
vacation of an easement, and that is what Council is considering.
The reality is that a mistake was made, and Council is trying to
figure out a way so that everyone wins.
Councilwoman Jorgenson stated that Council would be voting on the
first reading of the ordinance; however, there is a second reading
before adoption.
Mr. Horeck, the proposed homeowner, stated that the original
mailing included ten property owners, and nine have indicated no
ob�ection. Since this time, three new property owners support the
vacation, and he submitted a list.
FRIDLEY CITY COUNCIL MEETING OF MAY 6, 1996 PAGE 13
� MOTION by Councilman Schneider to receive the letter of support.
Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting
aye, Mayor Nee declared the motion carried unanimously.
Mr. Horeck stated that he has gone through the process and felt
this was a solution that would work. The whole garage wall is
open, and the problem is with the water. He requested Council to
take action for approval.
Councilman Schneider stated that there must be two readings of this
ordznance before lt can be adopted, and the process cannot be
shortened. Generally, the second reading is a procedural matter,
but if the garage is closed before the second reading there is a
risk involved.
Councilman Billings stated that the normal procedure is to vacate
drainage easements when there is a potential encroachment.
Drainage easements have been vacated many times, and the City never
received any trade. As a result of the input from the public
hearing, the City is actually receiving land in exchange for the
vacation.
Ms. Alicia Reyes, 1479 N. Danube Road, stated that after the
article in Focus News, it was very definitive that Council was
� against this vacation and to vote for it would be a hypocrisy. She
is strongly opposed to giving up land for the architect and the
developer because this would excuse incompetence.
Councilman Schneider said what is incolved is a small area, and
there is the question of being reasonable_ He asked Ms. Reyes if
she was really concerned about the few square feet involved or if
she really does not want a home at this location.
Ms. Reyes stated that if a person gets away with a small mistake,
it could lead to others. She did not want mistakes to be excused.
Councilman Billings stated that he never viewed this as a mistake
but as a change. The developer submitted plans and the persons
purchasing the property wanted to build a home that would not
exactly fit onto the property as defined in the p1an. A request
was then submitted for a change. He did not think the homeowners
made a mistake or that the developer or architect is inept.
Councilman Billings stated that the article in the newspaper
probably overstated Council's intensity on this issue, and some
people placed a greater emphasis on this matter. He wanted to
leave his options open and be ln a position to reconsider if an
acceptable proposal was forthcoming. Councilman Billings stated
� for someone to interpret that he was totally opposed to the
vacation of this easement is inadequate.
UPON A ROLL CALL VOTE ON THE MOTION FOR FIRST READING OF THE
ORDINANCE, Councilman Schneider, Councilwoman Bolkcom, Councilman
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FRIDLEY CITY COUNCIL MEETING OF MAY 6, 1996
PAGE 14
Billings and Mayor Nee voted in favor of the motion, and
Councilwoman Jorgenson voted against the motion. Mayor Nee
declared the motion carried by a four to one vote.
15. RECON5IDERATION OF SPECIAL USE PERMIT, SP #80-06 (WAIVING
STIPTTT�ATInNI RY �7RR�ME CHRTSTENSON, GRNERALLY LOCATED AT 6260
Mr. Hickok, Planning Coordinator, stated that this is a request to
waive a stipulation on a special use permit issued in 1980. The
petitioner is requesting release from an agreement which requires
hlm to sell two single family lots as one unit, which was part of
the approval of Special Use Permit, SP #80-06.
Mr. Hickok stated that the petitioner recently agreed to sell but
has not closed the sale on a single family dwelling at 6260
Starlite Soulevard. The other lot at 6250 Starlite Boulevard has
only a second accessory structure for which the special use permit
was issued in 1980. At the time of preparing to close the sale the
petitioner was made aware of the agreement which required both lots
to be sold together.
Mr. Hickok stated that the petitioner has agreed that if he is
released from this agreement and if the ad�acent lot is not sold
� within ninety days, he would 'apply £or a building permit for the
property and proceed with construction of a home. He stated that
Mr. Christenson did have a home designed for the site, and the
garage was built with frost footings and necessary connections.
The plan now for the home is to downsize it from 1,500 square feet
to 1,200 square feet. If Mr. Christenson sells the property, the
new owner would be required to apply for a building permit within
45 days of closing.
'
Councilman Billings stated that at the time this special use permrt
was issued, both Council and the Planning Commission emphasized to
Mr. Christenson that placing a garage on an empty lot, without a
home, was not the normal procedure, and this is how they came up
with this solution. He stated that Mr Christenson's letter states
that he will try to sell the property or take out a building permit
for a home within a certain period of time. It has been sixteen
years, and there still is no home on the lot. He asked if there
was a reason.
Mr. Christenson stated that when he originally purchased the
property, his intention was to construct a home on that lot, and
plans were drawn in 1988. At that time, he had a�ob change He
is now traveling a lot, and the property is too much for him to
maintain. He knew about the agreement on the property at 6250
Starlite Boulevard but was unaware it covered the property at 6260
Starlite Boulevard.
Councilman Billings stated that as he understands it from Mr.
Christenson's letter, if the ad�acent lot is not sold within ninety
�
FAIDLEY CITY COUNCIL MEETING OF MAY 6, 1996
15
days, he would apply for a building permit for the property and
proceed with construction of a home. If he sells the lot, the
buyer will be required to apply for a building permrt within 45
days of closing on the lot.
MOTION by Councilman Billings to release the petitioner from the
agreement signed in 1980 provided that Mr. Christenson, as
evidenced in his letter dated May 6, 1996, agrees either to a sale
of the property or an application for a building permit within
ninety days. Seconded by Councilwoman Bolkcom. Upon a voice vote,
all voting aye, Mayor Nee declared the motion carried unanimously.
16. RESOLUTION N0. 38-1996 SUPPORTING THE CONTINUED OPERATION OF
COLUMBIA ICE ARENA BY ANOKA COUNTY:
Councilman Schneider stated that he requested staff to draft this
resolution. Everyone is aware that Anoka County intends to sell
Columbia Arena, and he proposes that a sports association or
communities purchase it. He is amazed that some of the County
Commissioners forget about southern Anoka County and spend in the
northern half of the County. He felt that the Commissioners should
be made aware of Council's feelings and this is the purpose of this
resolution.
� MOTION by Councilman Schneider to adopt Resolution No. 38-1996.
Seconded by Councilman Billings. Upon a voice vote, all voting
aye, Mayor Nee declared the motion carried unanimously.
17. INFORMAi� STATUS REPORTS:
Mr. Burns, Crty Manager, stated that at the conference session
after the Council meeting, he would like to discuss options
concerning hard surface driveways.
�
ADJOURNMENT:
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 May 6, 1996 ad�ourned at 9:24 p.m.
Respectfully submitted,
/' ,
�-,?.c,r�rz -�-�L!�,c:_t-...'L
Carole Haddad _—
Secretary to the City Council
VV � �
William J. ee
Mayor