05/20/1996 - 000020501
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THE MINUTES OF THE REGULFaR MEETING OF THE FRIDLEY CITY COUNCIL OF
MAY 20, 1996
The Regular Meeting of the Fridley City Council was called to order
by Mayor Pro Tem Jorgenson at 7:33 p.m.
PLEDGE OF ALLEGIANCE:
Mayor Pro Tem Jorgenson led the City Council and audience in the
Pledge of Allegiance to the Flag.
ROLL CALL:
MEMBERS PRESENT
MEMBERS ABSENT
PROCLAMATIONS•
Mayor Pro Tem Jorgenson, Councilman Billings
Councilman Schneider, and Councilwoman Bolkcom
Mayor Nee
STUDENT FOREIGN EXCHANGE WEEK, MAY 20-26, 1996:
Mayor Pro Tem Jorgenson read a proclamation proclaiming the week of
May 20-16, 1996 as Student Foreign Exchange Week in the City. She
presented this proclamation to two foreign exchange students, Janek
Schmidt from Germany and Robert Francek from Slovakia, who were
made honorary students of the City during their stay.
Mr. Schmidt stated that he attends Fridley High Schoo L He really
likes Fridley and his host family. He thanked Council for this
proclamation.
Mr. Francek stated that he likes the community and his host family.
He attends Totino-Grace High School. He thanked the president of
the foreign exchange program and Council for this proclamation.
Mr. Schmidt and Mr. Francek presented flags of their countries to
the Council.
PUBLIC WORKS WEEK, MAY 19-25, 1996
Mayor Pro Tem Jorgenson read a proclamation proclaiming the week of
May 19-25, 1996 as Public Works Week in the City and called upon
all citizens and civic organizations to acquaint themselves with
the problems in providing public works services and to recognize
the contributions that public works employees make every day to the
community.
Mayor Pro Tem Jorgenson presented this proclamation to Paul
Lawrence, Superintendent of Public Works, who introduced public
works supervisors, James Saefke (Water), James Brindley (Sewer),
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FRIDLEY CITY COUNCIL MEETING OF MAY 20, 1996 PAGE 2
David Lindquist (Parks), and Ken Holmstrom (Streets) who received
this proclamation on behalf of the public works employees.
PRE5ENTATION:
DISTINGUISHED SERVICE AWARD TO OFFICER SCOTT ROBINSON:
Mr. Sallman,
Robinson was
presented by
June 3, 1995,
for taking a
neighborhood.
took action.
Public Safety Director, stated that Officer Scott
the recipient of the distinquished service award
the Minnesota Association of Chiefs of Police. On
Officer Robinson was one of the officers responsible
person into custody who was firing a rifle in the
When Officer Robinson responded he was shot at and
The wounded sub�ect was taken into custody.
Officer Robinson stated that it was an honor to serve the City for
the last fourteen years, and it is humbling to receive this award.
He thanked Mr. Sallman for his commitment to training, as this
incident took place �ust after he finished a street survival
seminar.
Officer Robinson �hanked his wife and family for their support. He
said that the award was an honor, and he was happy to receive it.
He presented the distinguished service award plaque to the Council.
APPROVAL OF MINUTES•
COUNCIL MEETING, MAY 6, 1996.
MOTION by Councilman Schneider to
Seconded by Councilman Billings.
aye, Mayor Pro Tem Jorgenson
unanimously.
approve the minutes as presented.
Upon a voice vote, all voting
declared the motion carried
APPROVAL OF PROPOSED CONSENT AGENDA:
OLD BUSINESS:
1 RESOLUTION N0. 39-1996 REQUESTING THE REDUCTION OF SPEED ON
COUNTY HIGHWAY 132 (WARD 3) (TABLED APRIL 22, 1996):
Mr. Burns, City Manager, stated that this resolution
establishes Council's opinion that the current 50 mph speed
limit on 85th Avenue west of Springbrook Drive is excessive.
The resolution requests that the speed on this portion of 85th
Avenue be reduced to 40 mph and cites the safety of those
using Springbrook Nature Center, and the inconsistency of high
speed with the purposes of the Springbrook Nature Center.
Mr. Burns stated that a similar resolution has been submitted
by the City of Coon Raplds. The City of Blaine has also
� FRIDLEY CITY COUNCIL MEETING OF MAY 20, 1996 PAGE 3
submitted a letter in support of a speed limit study for 85th
Avenue.
ADOPTED RESOLUTION NO. 39-1996.
2. SECOND READING OF AN ORDINANCE 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 #96-01, SY IMPERIAL
Mr. Burns, City Manager, stated that at the April 22 and May 6
Council meetings, Council heard considerable testimony
regarding the vacation of a 140 square foot portion of a
drainage easement at 1435 Royal Oak Court The area had been
designated as a buffer to protect an ad�oining wetland.
Mr. Burns stated that as a tradeoff, the petitioner has agreed
to designate a 280 square foot area to the rear of the
property as a replacement drainage easement. This tradeoff is
reflected in a revised copy of the ordinance. Mr. Burns said
the City has received the replacement easement document from
the petitioner, and the petitioner has stated that nine out of
� ten of the neighbors have no problem with the proposed
vacation.
THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA AND PLACED ON
THE REGULAR AGENDA.
3. ORDINANCE N0. 1068 AMENDING CHAPTER 114 OF THE FRIDLEY CITY
CODE REGARDING THE ABATEMENT OF JUNK OR UNSAFE VEHICLES ON
PRIVATE PROPERTY:
Mr. Burns, City Manager, stated that these ordinance
amendments provide a more detailed definition of what
constitutes a �unk vehicle and references state statutes in
defining unsafe motor vehicles. The ordinance provides a
detailed five-day notification and abatement process that
replaces the current twenty-day process. The ordinance also
establishes 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. The strengthened �unk
car ordinance was supported by 62 percent of those responding
to a recently completed citizens survey.
WAIVED THE SECOND READING AND ADOPTED ORDINANCE NO 1068 ON
THE SECOND READING AND ORDERED PUBLICATION.
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' FRIDLEY CITY COUNCIL MEETING OF MAY 20, 1996 PAGE 9
4. ORDINANCE N0. 1069 AMENDING CHAPTER 128 OF THE FRIDLEY CITY
CODE REGARDING THE RELEASE OF ABATED PROPERTY AND THE
ABATEMENT OF SAME OR SIMILAR VIOLATIONS ON PRIVATE PROPERTY:
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Mr. Burns, City Manaqer, stated that these ordinance
amendments require an agreement with the property owner prior
to the return of abated materials to the site of the initial
abatement and requires the property owner to pay any of the
City's cost for removal or storage of abated materials. The
ordinance also requires the property owner to agree not to
return abated items to their oriqinal location and provides
for an abbreviated notice for removal of illegally stored
items that have previously been abated.
WAIVED THE SECOND READING AND ADOPTED ORDINANCE NO. 1069 ON
THE SECOND READING AND ORDERED PUBLICATION.
NEW BUSINESS'
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RECEIVE THE MINUTES OF THE PLANNING COMMISSION MEETING OF
RECEIVED THE MINUTES OF THE PLANNING COMMISSION MEETING OF
MAY 1, 1996.
APPROVE 1996 LEASE AGREEMENT BETWEEN THE CITY OF FRIDLEY AND
1�11NNL� 5V'1X
INC. FOR THE OPERATION OF THE
Mr. Burns, City Manager, stated that the City sent out two
requests for proposals seeking a recycling company that was
willing to assist in the redevelopment of our recycling center
in exchange for the privilege of operating this center. Most
recently, a request for proposal has been sent out asking for
an operator and equipment only. None of these requests have
resulted in an acceptable response
Mr. Burns stated that since no proposals were received, staff
has met with the current contractor, Recycle Minnesota
Resources, Inc. to negotiate a new lease agreement. The terms
of this agreement are as follows: the effective date is June
1 to December 31, 1996; the City will pay $500 per month
operating fee, the contractor shall operate Tuesday through
Saturday between the hours of 9.D0 a.m. and 5:00 p.m.; the
contractor will provide quarterly tonnage reports of all
recycled materials; the City agrees to run water and sewer
lines to the building no later than August 1, 1996; and the
contractor agrees to require its staff to meet quarterly to
discuss customer service expectations and to complete customer
service training. Staff recommends approval of the contract
with the understanding that this seven-month contract period
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FRIDLEY CITY COUNCIL MEETING OF MAY 20, 1996 PAGE 5
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will be used to study alternatives for the operation of the
site.
THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA AND PLACED ON
THE REGULAR AGENDA.
ESTABLISH A PUBLIC HEARING FOR JUNE 10, 1996 FOR VACATION OF
AN EASEMENT IN THE SOUTHWEST QUADRI�NT PROJECT AREA, SAVE
I�i�A�7�]
Mr. Burns, City Manager, stated that at the closing with
Rottlund Homes, Inc., it was discovered as a result of the
title search that a utility easement had not been vacated.
The easement was recorded after 64-1/2 Avenue was vacated in
1964. The easement is 30 feet by 200 feet and runs over the
southern half of the vacated right-of-way with no municipal
utilities in the easement. The easement is not needed for
future municipal utilities and did not show up on earlier
surveys that were used for the recent cacation and ordinance.
Mr. Burns stated that additional Planning Commission review is
not required, but the City Charter requires an ordinance to
vacate this easement. The matter has been reviewed by the
City Attorney who concurs with this approach.
SET THE PUBLIC HEARING FOR VACATION OF THIS EASEMENT FOR
J[JNE 10, 1996.
RESOLUTION N0. 40-1996 APPROVING FINAL PLANS AND
SPECIFICATIONS AND ORDERING ADVERTISEMENT FOk BIDS. 1996
STREET IMPRQVEMENT PRQSECT N0. ST 96-4 (WARD 1).
Mr. Burns, City Manager, stated that this pro�ect aligns newly
constructed Third Street with a realigned west entrance to
Hol1y Center. Plans for the pro�ect have been submitted to
the City, County and State for review This improvement will
provide protected left turn lanes for east and west bound
traffic on Mississippi Street and will involve widening
Mississippi Street on the south side, with a ma�ority of it
being west of the newly constructed Third Street.
Mr. Burns stated that bids are pro�ected to be opened on
June 20, 1996, with the award tentatively scheduled for the
June 24, 1996 Council meeting.
ADOPTED RESOLUTION NO. 90-1996.
RESOLUTION N0. 41-1996 ORDERING FINAI, PLANS AND ESTIMATES OF
COSTS THEREOF: 1996 STREET IMPROVEMENT PROSECT N0. ST 1996-1 &
2 (ALDEN WAY)
Mr. Burns, City Manager, stated that the public hearing for
this pro�ect was held March 18, 1996. At the May 6, 1996
' FRIDLEY CITY COUNCIL MEETING OF MAY 20, 1996 PAGE 6
Council meetzng a second petition for inclusion of Alden Way
- was presented to Council. The City now has 29 signatures of
property owners, representing 52 percent of the affected
properties This resolution would add Alden Way from Osborne
Way north to 79th Way to this pro�ect.
ADOPTED RESOLUTION NO. 41-1996.
10, RESOLUTION N0. 42-1996 RECEIVING FINAL PLANS AND
SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS: 1996
STREET IMPROVEMENT PROJECT N0. ST 1996 - 1& 2:
Mr. Burns, City Manager, stated that this resolution
authorizes the advertisement for bids for the reconstruction
of Alden Way, a portion of 77th Way, and for street overlays
in five locations. All of the work can be done within the
$500,000 budgeted for 1996 street construction pro�ects. The
inclusion of Alden Way in this pro�ect will have the practical
effect of continuing Alden Way as an MSA street.
ADOPTED RESOLUTION NO. 42-1996.
11. RECEIVE BIDS ON PLAYGROUND EQUIPMENT PROJECTS.
� Mr. Burns, City Manger, stated that the City has requested
bids for playground equlpment to be installed in six
neighborhood parks• Jay, Logan, Harris Lake, Terrace, Summit
Square, and Springbrook. Vendors were asked to design
playground equipment for a specific dollar amount to meet the
needs of two- to five-year-olds and five- to twelve-year-olds
Mr. Surns stated that bids were opened on April 30, 1996, but
due to a technical error in the specifications, the vendors
were asked to rebid based on the correction of the error. The
revised bids were opened today. The original bids were used
as a basis for neighborhood review and evaluation of the
vendor proposals. They were also reviewed by the Parks and
Recreation Commission.
Mr. Burns stated that based on these reviews, it is
recommended that the following bids be awarded• Jay Park,
Harrls Lake Park, and Springbrook Park to Flanagan Sales, Inc.
each in the amount of $25,000; Terrace Park to Flanagan Sales,
Inc. for $30,000; Logan Park for $15,000 and Summit Square
Park for $30,000 both to Earl F. Andersen, Inc.
Mr Burns stated it is recommended that Council receive and
re�ect the original bids of April 30, 1996, accept the bids of
� May 20, 1996 and award them as outlined above. If the bids
are awarded th�s evening, installation is expected by the
second week of June, and completed by August 15, 1996. Funds
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FRIDLEY CITY COUNCIL MEETING OF MAY 20, 1996
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for this equipment have been budgeted in the 1996 Capital
Improvements Plan.
RECEIVED AND REJECTED THE APRIL 30, 1996 BIDS AND RECEIVED THE
MAY 20, 1996 BIDS AND AWARDED CONTRACTS AS FOLLOWS: CONTRACT
FOR JAY PARK, HARRIS LAKE PARK AND SPRINGBROOK PARK TO
FLANAGAN SALES, INC. IN THE AMOUNT OF $25,000 FOR EACH PARK;
CONTRACT FOR TERRACE PARK TO FLANAGAN SALES, INC. FOR $30,000;
CONTRACT FOR LOG,AN PARK TO EARI, F. ANDERSEN, INC. IN THE
AMOUNT OF $15,000; AND CONTRACT FOR SUMMIT SQUARE PARK TO EARI�
F. ANDERSEN, INC. IN THE AMOUNT OF $30,000.
APPROVE CHANGE IN AUTHORIZED POSITION AND RECLASSIFICATION OF
Mr. Burns, City Manager, stated that Council approved the
creation of a Youth Outreach Worker in late 1994. Since then,
the Police Department and the position incumbent, Kevin
Thomas, have created Pro�ect Safety Net and expanded it to
include the cities of Blaine, Coon Rapids, and Columbia
Heigh�s. As the pro�ect has expanded the number of part-time
outreach workers and the duties of the outreach worker has
expanded. The Outreach Worker has now become a coordinator
who interviews and makes recommendations regarding the hiring
of staff and is also responsible for scheduling and evaluation
of staff, as well as maintenance of statistics.
Mr. Burns stated that as a result of these changes, it is
recommended that the Outreach Worker position be re-authorized
as an Outreach Coordinator position, and that the position be
reclassified from pay Range 2 to pay Range 4. It is also
recommended that these changes be made retroactive to January
l, 1996. The costs for this program are largely covered by
grant funding and outside contracts
APPROVED CHANGE IN AUTHORIZED POSITION AND RECLA5SIFICATION OF
THE INCiJMBENT, KEVIN THOMAS, FROM OUTREACH WORKER TO OUTREACH
COORDINATOR FROM PAY RANGE 2 TO PAY RANGE 9.
13. CLAIMS:
AUTHORIZED PAYMENT OF CLAIM NOS. 67995 THROUGH 68204.
14. LICENSES•
APPROVED THE LICENSES AS SUBMITTED AND AS ON FILE IN THE
LICENSE CLERK'S OFFICE.
15. ESTIMATES•
APPROVED THE ESTIMATES, AS FOLLOWS�
' FRIDLEY CITY COLTNCIL MEETING OF MAY 20, 1996 PAGE 8
Newquist & Ekstrum, Chartered
301 Fridley P1aza Office Building
6401 University Avenue N.E.
Fridley, MN 55432
Services Rendered as City Prosecuting
Attorney for the month of March, 1996. ...$13,262.49
Richmar Construction, Inc.
7776 Alden Way, N.E.
Fridley, MN 55432
53rd Avenue Sooster Station
Renovation Pro�ect No. 280
Estimate No. 2 . . . . . . . . . . . . $72,648.45
No persons in the audience spoke regarding the proposed consent
agenda.
Mayor Pro Tem Jorgenson requested that Item 2 be removed from the
consent agenda. Councilwoman Bolkcom requested that Item 6 be
removed from the consent agenda.
� MOTION by Councilwoman Bolkcom to approve the consent agenda items,
with the exception of Items 2 and 6. Seconded by Councilman
Billings. Upon a voice vote, all voting aye, Mayor Pro Tem
Jorgenson declared the motion carried unanimously.
ADOPTION OF AGENDA.
MOTION by Councilman Billings to adopt the agenda with the addition
of Items 2 and 6 from the consent agenda. Seconded by Councilwoman
Bolkcom. Upon a voice vote, all voting aye, Mayor Pro Tem
Jorgenson declared the motion carried unanimously.
OPEN FORUM, VISITORS:
Mr. Henry Zimba, 7501 Alden Way, stated that he is a retired
veteran on disability. With property taxes, the school referendum,
and now the improvement of Alden Way, it becomes a burden. There
is nothing wrong with this street, and he does not understand why
they would want to improve it.
Councilwoman Bolkcom stated that this improvement was approved on
the consent agenda; however, she asked the Public Works Director to
explain the improvement.
Mr Flora, Public Work Director, stated that the improvement of
� A1den Way is to salvage and maintain the street that is presently
in place. Assessments are payable at one time or assessed over a
ten-year period. If a person is elig�ble, the assessment can be
deferred until such time as the property is sold There will be a
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FRIDLEY CITY COUNCIL MEETING OF MAY 20, 1996 PAGE 9
hearing on the final assessment, and a letter could be sent
requesting that the assessment be deferred.
Mr. Burns stated that he believed the requests to defer the
assessment are being received at this time through the Finance
Department.
PUBLIC HEARING:
16 PUBLIC HEARING ON AN ORDINANCE APPROVING AN AMENDMENT
ESTABLISHING A MAXINNM LOT COVERAGE OF THIRTY PERCENT (30$) OF
THE CALCULATED FRONT YARD AREA FOR HARD SURFACE AREAS IN R-1
AND R-2 ZONING DISTRICTS (TABLED APRIL 22, 1996):
MOTION by Councilman Billings to continue the public hearing.
Seconded by Councilman 5chneider. Upon a voice vote, all voting
aye, Mayor Pro Tem Jorgenson declared the motion carried
unanimously, and the public hearing opened at 8 O1 p.m.
Mr. Hickok, Planning Coordinator, stated that it has been
determined that this amendment which would permit no more than
thirty percent maximum hard surface lot coverage be abandoned. The
reasoning of the Planning Commission is that it is too restrictive,
another permit process would be needed, this issue would be self-
policing because of the cost of concrete or asphalt, and a ma�orrty
of the residents have an appropriate balance between landscaping
and hard surface areas in the front yard.
Mr. Hickok stated that staff also recommends that Council not amend
the ordinance because of the growing trend of two and three car
additions which would require additional front yard pavement and a
coverage limitation may deter residential home improvement
pro�ects. There is no permit requirement for pavement
installation, and the City's enforcement for this requirement
would, in all likelihood, take place after the driveway has been
installed. It would also be difficult to determine the exact
amount o£ coverage from the street while conducting typical
systematic code enforcement inspections.
Councilman Schneider pointed out that the hard surface driveway
issue is separate from thzs issue.
Mr. Hickok stated that on the issue of hard surface driveways,
staff is preparing a survey that wi11 be sent to residents involved
in hard surface driveway improvement pro�ects and is separate from
what Council is now considering.
Mr. Curtis Barsness, 6581 Central Avenue, sLated that he thought
the hard surface driveway issue was to be discussed.
Mr. Hickok stated that Council determined that a survey should be
done for those residents who would be required to pave their
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FRIDLEY CITY COUNCIL MEETING OF MAY 20, 1996 PAGE 10
driveways. The survey would analyze their concerns as Council
moves forward with the ordinance. When the survey is completed,
those persons who are interested and are on the mailing list will
be notified when this rtem is on the Council's agenda.
Mr. Burns stated that the survey would also include financial
options that are available.
No other persons spoke regarding this proposed ordinance amendment.
MOTION by Councilman Billings to close the public hearing.
Seconded by Councilman Schneider. Upon a voice vote, all voting
aye, Mayor Pro Tem Jorgenson declared the motion carried
unanimously, and the public hearing closed at 8:13 p.m.
MOTION by Councilman Schneider to direct staff to cease any further
activity on this maximum lot coverage issue. Seconded by
Councilman Billings. Upon a voice vote, all voting aye, Mayor Pro
Tem Jorgenson declared the motion carried unanimously.
NEW BUSINE5S:
2. ORDINANCE N0. 1067 UNDER SECTION 12.07 OF THE CITY CHARTER TO
VACATE STREETS AND AI,LEYS AND TO AMEND APPENDIX C OF THE CITY
CODE (VACATION REQUEST SAV #96-01, BY IMPERIAL HOMES, INC.,
Mr. Hickok, Planning Coordinator, stated the easement that will
replace this vacated easement does match the description discussed
at the last Council meeting. Staff felt that al1 necessary
documents had been submitted to proceed with this vacation request.
Councilman Schneider asked how many affirmative votes were needed
to adopt this ordinance.
Mr. Knaak, City Attorney, stated that the City Charter requires
four affirmative votes.
Councilwoman Jorgenson stated that she has been opposed to the
vacation, however, Mayor Nee has been in favor. At this point, she
would vote in the affirmative in order for the petitioner to
proceed with the home construction.
MOTION by Councilman Schneider
Ordinance No. 1067 on the second
Seconded by Councilwoman Bolkcom.
aye, Mayor Pro Tem Jorgenson
unanimously.
to waive the reading and adopt
reading and order publication.
Upon a voice vote, a11 voting
declared the motion carried
, FRIDLEY CITY COUNCIL MEETING OF MAY 20, 1996 PAGE 11
6. APPROVE 1996 LEASE AGREEMENT BETWEEN THE CITY OF FRIDLEY AND
RECYCLE MINNESOTA RESOURCES, INC. FOR THE OPERATION OF THE
CITY'S RECYCLING CENTER (WARD 1):
Councilwoman Bolkcom ask_ed the cost for adding the sewer system and
if this was a budgeted item.
Mr. Hickok stated that this cost would be $3,000 and could be
recouped through SCORE funds.
Mayor Pro Tem Jorgenson asked the hours of operation for the
recycling center.
Mr. Hickok stated that it is open Tuesday through Saturday from
9:00 a.m. to 5•00 p.m.
Councilwoman Bolkcom asked about the neon sign to be provided by
�he City.
Mr. Hickok stated that this would be a very small neon sign at the
recycling center main entry which would indicate the site is open.
MOTION by Councilman Schneider to approve the 1996 lease agreement
� between the City and Recycle Minnesota Resources, Inc. Seconded by
Councilwoman Bolkcom.
Councilman Schneider stated that he was disappointed in the private
sector, as rt is not working as everyone intended.
Councilwoman Bolkcom stated that she did not know what motivates
people to recycle. She wondered if they were not aware of what is
accepted or the hours of operation.
Mr. Hickok stated that recycling is, generally, well received and a
center is a good service to provide. One of the uncertainties is
the market for the materials that are collected which makes it
somewhat difficult for the private sector to respond.
UPON A VOICE VOTE TAKEN ON THE ABOVE MOTION, all voted aye, and
Mayor Pro Tem Jorgenson declared the motion carried unanimously.
17 SPECIAL USE PERMIT, SP #96-09, BY SIRNY ARCHITECTS, TO ALLOW A
BANK OR OTHER FINANCIAL INSTITUTION IN A C-1, LOCAL BUSINESS
ZONING DISTRICT, GENERALLY LOCATED AT 6303 CENTRAL AVENUE N.E.
(WARD 2)'
Mr. Hickok, Planning Coordinator, stated that this is a request for
a special use permit to allow a banking facility, with a drive-
� through, at 6303 Central Avenue N.E A financial instltution is
allowed in this zoning district; however, the drive-through
requires a special use permit. The size of the property is 80,640
square feet and is generally flat, but has some wetland area and
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FRIDLEY CITY COUNCIL MEETING OF MAY 20, 1996 PAGE 12
vegetation along the east side. To the west is undeveloped
commercial property; south is a multi-tenant commercial building;
east is vacant and residential dwellings, and north is the fire
station and single family dwellings.
Mr. Hickok stated that at the Planning Commission meeting, the
residents addressed screening and the hours of operation. The code
requires a screening fence six to eight feet in height or a
combination of landscaping materials. The petitioners were
proposing a solid screening fence along the north property line.
However, since the Planning Commission meeting, other alternatives
have been discussed because of the concern about headlights. Other
neighbors were interested in the open view into the natural area.
The architect has proposed screening using a combination of fencing
and landscaping to accommodate the residential property owners.
Mr. Hickok stated that the County prefers to have one access point.
Because of the wetland to the back of this site, the building would
be constructed towards the front and, therefore, it would be
difficult to have a loop for ingress and egress at one location.
He felt that keeping the ingress and egress points separated would
be in the best interests of the City and the bank.
Mr. Hickok stated that the Planning Commission reviewed the twelve
stipulations submitted by staff and recommended some modifications.
Councilman Schneider asked if the screening was to prevent the
problem of headlights shining into residential homes.
Mr. Hickok stated that there is approximately 370 feet from the
drive-through area, where vehicles would be maneuvering, to the
back of the nearest home. In analyzing the impact, there would be
less than one foot candle in light which is equivalent to a dimly
lit theater. The architect designed the angle to block the rigid
beam of light.
Mr. Mark Schwartz, 1372 64th Avenue, stated that his property abuts
the east side of this proposed bank. He has some concerns
regarding the drainage and felt this pro�ect may contribute to the
existing problems in the area. Another concern is the hours of
operation and the impact of the drive-through. Mr. Schwartz stated
that the screening is also a concern. He requested that the north
and east property lines be screened and bermed. When commercial
property is ad�acent to residential property, a fence is required
Due to the design of the pro�ect, with traffic flow in one
directlon, residents have a right not to have headlights across
their residential property. Mr. Schwartz stated that one of the
ma�or reasons for fencing on the north and east sides of the
property is security There will be an ATM located in the drive-
through right near the woods. The fence is not only for the
residents' security but also for the customers using the ATM. All
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FRIDLEY CITY COUNCIL MEETING OF MAY 20, 1996 PAGE 13
properties in the City with drive-through facilities are located in
C-2 and C-3 zoning districts. He felt this request was reasonable.
Councilman Schneider stated that he is trying to differentiate why
this pro�ect is any worse of an impact on the neighborhood than a
24-hour convenience store.
Mr. Schwartz stated that a convenience store would not have the
front door facing the back of the property It is the drive-
through that is really a concern, and he would like a fence around
the property.
Ms. Jean Schwartz, 1372 64th Avenue, submitted a petition to
Council which requested that if the proposed credit union and drive
through facility are constructed, the property be fenced where it
ad�oins al1 single family residential property with an eight foot
wood fence, with berming, for both screening and security reasons
The petition was signed by 37 persons. Everyone felt it was common
sense to install the fence, and the ma�ority of the private home
owners who were on the mailing list for this pro�ect have signed
the petition. All of them expressed their desire for a fence along
the north and east property lines for screening and security.
MOTION by Councilman Schneider to receive Petition No. 9-1996.
Seconded by Councilwoman Solkcom. Upon a voice vote, all voting
aye, Mayor Pro Tem Jorgenson declared the motion carried
unanimously.
Councilman Schneider asked the petitioner if he felt the ATM was a
security issue.
Mr Perkowski, President of U.S. Federal Credit Union, stated that
there are always security issues; however, the one they have on
27th Avenue South has not been a problem. The ATM will be in a
well-lit area and as secure as possible
Councilwoman Jorgenson asked if the ATM is accessible from a
vehicle.
Mr Perkowski stated that it would be accessible from a person's
automobile.
Councilwoman Bolkcom asked if there is an issue with the fence.
Mr Perkowski stated that they are proposing a screening fence.
One resident did not want any fence; another was more concerned
about the drainage; and the Schwartz's wanted a fence. The
architect is working to make this as pleasing and attractive as
possible. The bank does not oppose a fence, and they wanted to be
good neighbors.
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FRIDLEY CITY COUNCIL MEETING OF MAY 20, 1996 PAGE 14
Ms. Schwartz stated that, basically, neighbors would not be opposed
if the property was fenced. They are really not in favor of the
drive-through facility. The code would not be met if there was not
a fence.
Mr. Laurence Page, Sirny Architects, Inc., stated that they are
trying to respond to everyone's concerns. The Schwartzs want a
fence, and the other two persons indicated they did not want a
solid fence. They would like to have it more open. He felt the
screening they are proposing was a more aesthetic solution, as they
would be using Mugho pines 15 to 20 feet in height.
Ms. Schwartz stated that only the residents at 1356 64th Avenue did
not want a fence. There are 37 other persons who want the fence.
Councilman Schneider stated that some of those residents are on
Rice Creek Road.
Councilman Billings stated that some who signed the petition are
several miles away from the site.
Ms. Schwartz stated that any person in Fridley can sign the
petition, but ninety percent are in the immediate vicinity of this
pro�ect.
Ms. Schwartz stated that it is not the hours of operation they wish
to restrict. If the bank were to be expanded, Council approval
would be necessary.
Councilwoman Bolkcom asked Mr Perkowski to clarify the hours of
operation as contained in his letter of May 15 to Council
Mr. Perkowski stated that the issue is one of flexibility and the
need to serve their customers. They would recommend the hours of
7.D0 a.m. to 9�00 p.m. on Mondays, Wednesdays and Fridays; 7:00
a.m. to 7:00 p m. on Tuesdays and Thursdays; and 8.00 a.m, to 3:00
p.m. on Saturdays.
Councilman Schneider asked if the City would have any �urisdiction
over the hours of operation if a convenience store were located on
this property.
Mr. Knaak, Clty Attorney, stated that other than the nuisance
regulations that would apply, there would be no �urisdiction over
the hours of operation.
Councilman Schneider stated that the fact the petitioner is willing
to live with some regulation would be more than what possibly would
be required from other developments.
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FRIDLEY CITY COUNCIL MEETING OF MAY 20, 1996
PAGE 15
Mr. Perkowski stated that the concern of the neighbors appears to
be the hours of operation of the drive-through. For clarification,
the hour restrictions would be the drive-through hours.
Councilman Schneider felt this proposed use of the property was one
of the best. He asked the petitioner if he would be willing to
come back to Council to work out any issues or problems if they
should arise.
Mr. Perkowski stated that they want to be good neighbors. They are
a$240,000,000 financial cooperative owned by their members.
Councilman Schneider stated that he felt the only issue was the
fencing.
Mayor Pro Tem Jorgenson stated that she would not visit an ATM in
this location without a fence.
Mr. Perkowski stated that he does not have a problem with the
fence, but he was trying to make it as aesthetically attractive as
possible.
Ms. Schwartz stated that most of the residents were not opposed to
this pro�ect if it was screened. A lot of persons were concerned
with security since the woods are in close proximity.
Councilman Billings stated that at the Planning Commission meeting,
there were presentations which referred to the City's codes, and
these persons were looking at the wrong portion of the code. In
regard to screening, there can be a fence or, if the site has
natural vegetation, this can serve as the screening. In his view,
the screening proposed is not contrary to the code.
Councilman Billings stated that as far as the petition, he has a
difficult time understanding the adverse effects of an ATM that
would create tremendous risk to the neighborhood. There are ATM's
located at gas stations all over the Twin City area immediately
ad�acent to residential neighborhoods, and he fails to see the
significance of this petition. It appears to be a petition that is
a reaction to scare tactics that do not exist
Councilman Billings felt that the proposed pro�ect was good for
this site. There are people in that neighborhood who will ob�ect
to anything that goes on that site. He is in favor of the pro�ect,
and the screening can be as proposed or changed to fencing. He
felt that either option would be satisfactory and safe for the
neighborhood.
� MOTION by Councilman Schneider to grant Special Use Permit, SP
#96-09, with the following stipulations. (1) the petitioner shall
provide an additional thirteen trees to the landscape plan, thirty
percent of which shall be evergreen, (2) the petitioner shall
� FRIDLEY CITY COUNCIL MEETING OF MAY 20, 1996 PAGE 16
submit the specifications for staff review on prairie plant
varieties; (3) the petitioner shall provide maintenance of the
prairie plants for a minimum of three years to insure proper
growth; (4) the entry and exit signs shall be reduced to four
square feet in area; (5) the petitioner shall submit hydrologic
calculations to the Public Works Engineering Department in order to
review the grading and drainage plan, (6) the petitioner shall
submit an acceptable form of assurance in the amount of three
percent of the construction costs to insure completion of the
outdoor improvements; (7) the landscape plan shall indicate
inclusion of underground sprinkling; (8) the noise level from any
intercom system shall not exceed the decibel level set forth in the
Fridley City Code; (9) the petitioner sha11 install an eight foot
screening fence along the north and east lot lines, abutting the
R-1 zoning, starting at the southeast corner of the fire station,
(10) any expansion of the facility or extension of hours of
operation over one hour before and after the proposed hours must be
reviewed and approved by the Planning Commission and City Council,
and (11) garbage hauling from the site shall not occur before 7:00
a.m. nor after 7:00 p.m. Seconded by Councilman Billings.
MOTION by Councilman Schneider to amend stipulation No. 9 by
inserting the words "and security" after the word "screening."
� Seconded by Councilman Billings. Upon a voice vote, all voting
aye, Mayor Pro Tem Jorgenson declared the motion carried
unanimously.
MOTION by Councilman Schneider to amend stipulation No. 10 to read
as follows: "Any expansion of the facility or extension of hours
of operation over 7•00 a.m, to 9.00 p.m. Monday through Friday and
8:00 a.m. to 3�00 p.m. on Saturday must be reviewed and approved by
the Planning Commission and the City Council. Seconded by
Councilwoman Bolkcom. Upon a voice vote, all voting aye, Mayor Pro
Tem Jorgenson declared the motion carried unanimously
UPON A VOICE VOTE TAKEN ON THE MAIN MOTIOI�T, all voted aye, and
Mayor Pro Tem Jorgenson declared the motion carried unanimously
18. VARIANCE REQUEST, VAR #96-08, BY ROGER MOODY OF FRIENDLY
CHEVROLET, TO REDUCE THE HAFtD SURFACE SETBACK FROM THE RIGHT-
OF-WAY FROM 20 FEET TO 13 FEET AND 7 FEET, TO REDUCE THE HARD
SURFACE SETBACK FROM THE SIDE AND REAR LOT LINES FROM 5 FEET
AktOUNll THE PAF2KING LOT PERIMETER, ALL TO ALLOW AN EXISTING
NON-CONFORMING PARKING LOT TO REMAIN AT 7501 HIGHWAY 65 N.E.
(WARD 2)•
Mr. Hickok, Planning Coordinator stated that this variance request
� includes three different variances. The first variance is to
reduce the hard surface setback along the right-of-way from twenty
feet to thirteen feet (East Highway 65 Service Road) and seven feet
(Fireside Drive). The second variance is to reduce the hard
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FRIDLEY CITY COUNCIL MEETING OF MAY 20, 1996 PAGE 17
surface setback on the north and east lot lines from five feet to
zero feet. The third variance is to waive the requirement for curb
and gutter along the parking lot in certain areas.
Mr. Hickok stated that staff analyzed the parking setback
deficiencies on the site and determined there were a number of
areas where the previous owners had hard surface drives out to the
perimeter of the lot. It is the intent of the current owner to
update the facility to meet all standards for lighting, building,
and landscaping.
Mr. Hickok stated that the petitioner is negotiating for the
acquisition of property to the east and hopes to expand the
building and parking area. The petitioner is requesting that the
curb in that area be waived to allow for future expansion. At the
time of this expansion, curb and gutter would be installed.
Mr. Hickok stated that the reduction of the setbacks on the north
relates to conditions at the Kurt Manufacturing facility. The
petitioner has an agreement with Kurt Manufacturing to allow
storage of vehicles, and they share a common hard surface area with
a chain link fence separating the two parcels.
Mr. Hickok stated that the Appeals Commission recommended approval
of the variances with a number of stipulations.
Councilwoman Bolkcom asked if these variances would help the
parking situation for the neighborhood.
Mr. K1ine, architect for Friendly Chevrolet, stated that this
immediate plan should help improve parking, as it will define the
parking areas. The future proposed expansion, which involves
additional land to the east, will add parking to the site.
Mr. Moody, the petitioner, stated that parking conditions would
improve when they begin the next expansion.
MOTION by Councilman Schneider to concur with the recommendation of
the Appeals Commission and grant Variance Request, VAR #96-08, to
reduce the hard surface setback from the public right-of-way from
twenty feet to thirteen feet (East Highway 65 Service Road) and
seven feet (Fireside Drive); to reduce the hard surface setback
from the north property line from five feet to zero feet; and to
waive the curb and gutter requirement along the north property
line. Further, to deny the variance to reduce the hard surface
setback from five feet to zero feet along the east property line,
but to allow the petitioner three years to comply with the five
foot hard surface setback along the east property 1ine, and to deny
the variance to waive curb and gutter along the south and east
property lines, but to allow the petitioner three years to install
curb and gutter along the south and east property lines. Seconded
'
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FRIDLEY CITY COUNCIL MEETING OF MAY 20, 1996 PAGE 18
by Councilwoman Bolkcom. Upon a voice vote, all voting aye, Mayor
Pro Tem Jorgenson declared the motion carried unanimously.
19. APPOINTMENTS TO COMMISSIONS:
Mr. Burns, City Manager, stated it is recommended that Diane Savage
be appointed as Chairperson of the Planning Commission; Rosalie
Landt and Peter Panchyshyn be appointed to the Environmental
Quality and Energy Commission; and Satveer Chaudhary be appointed
to the Human Resources Commission. There remains an opening on the
Appeals Commission and Human Resources Commission.
MOTION by Councilwoman Bolkcom to appoint the following persons to
the various commissions:
Planning Commission:
Diane Savage as Chairperson to the term expiring April 1, 1997.
Human Resources Commission
Satveer Chaudhary to the term expiring April 1, 1998.
Environmental Quality and Energy Commission:
Rosalie Landt to the term expiring April 1, 1998.
Peter Panchyshyn to the term expiring April 1, 1999.
Seconded by Councilman Schneider. Upon a voice cote, Councilwoman
Bolkcom, Councilman Schneider, and Mayor Pro Tem Jorqenson voted in
favor of the motion. Councilman Billings abstained from voting on
the motion. Mayor Pro Tem Jorgenson declared the motion carried by
a three to one vote.
20. INFORMAL STATUS REPORTS:
POT BELLIED PIGS:
Mr. Hickok, Planning Coordinator, stated that Cindy Langendorfer,
15 63rd Way, requested that Council amend the code to permit pot
bellied pigs as domestic pets. Staff has researched this issue and
contacted other cities, the State Veterinarian`s office, and the
Humane Soclety of Minnesota, and Anoka and Hennepin counties.
Based on this information, staff would recommend against an
ordinance amendment to permit pot bellied pigs as domestic pets.
Some of the reasons are that pigs are territorial, aggressive,
extremely protective, cannot be vaccinated against rabies,
susceptible to Brucellosis which is a human health risk, and
special humane society-type shelters have been developed to keep
unwanted pot bellied pigs.
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FRIDLEY CITY COUNCIL MEETING OF MAY 20, 1996 PAGE 19
Mr. Hickok stated that there would be a land use impact regardless
of the size of the pig. Accessory structures in rear yards of
single family areas will be constructed to house the animals and
complaints could be filed regarding noise, odor, maintenance, and
appearance of properties. Staff has met with the petitioner and
requested compliance with the City's ordinance within ninety days.
Mr. Hickok stated that from information obtained from the PIGS
Sanctuary in Charles Town, West Virginia, they hoped the City did
not amend the ordinance. At the time the sanctuary was started,
they had one pig. They now have 200 pigs; the smallest is about
100 pounds, and it is not unusual for them to reach 200 pounds.
They have provided pros and cons if someone is considering a pot
bellied pig as a pet. The cons far outweigh the pros.
Councilwoman Bolkcom stated that a meeting was held with Cindy
Langendorfer, and she has all this information.
Mr. Burns, City Manager, stated that in the conference session, he
would like to discuss the financial proposal for funding
rehabilitation of residential property. Also, Brad Seilaff of the
Environmental Quality and Energy Commission would like to discuss
the Six Cities Watershed District storm management plan and a grant
that would address the problems at Springbrook Nature Center
Councilwoman Bolkcom stated that there are now permanent recycling
signs. If a block captain would like one, they can contact the
City staff liaison, Lisa Campbell.
ADJOURNMENT :
MOTION by Councilwoman Bolkcom to ad�ourn the meeting. Seconded by
Councilman Schneider Upon a voice vote, all voting aye, Mayor Pro
Tem Jorgenson declared the motion carried unanimously and the
Regular Meeting of the Fridley City Council of May 20, 1996
ad�ourned at 9:37 p.m.
Respectfully submitted,
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Carole Haddad
Secretary to the City Council
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Mayor Pro Tem