06/09/1997 - 00001629'
OF THE REGUL�AR MEETING OF THE FRI
TY COUNCIL OF
The Regular Meeting of the Fridley City Council was called to order
by Mayor Jorgenson at 7:34 p.m.
PLEDGE OF ALLEGIANCE:
Mayor Jorgenson led the Council and audience in the Pledge of
Allegiance to the Flag.
ROLL CALL:
MEMBERS PRESENT: Mayor Jorgenson, Councilman Barnette,
Councilman Billings, Councilman Schneider and
Councilwoman Bolkcom
MEMBERS ABSENT: None
PRESENTATIONS:
CERTIFICATES OF APPRECIATION FOR FLOOD RELIEF HELP:
Ms. Rosie Griep, Fridley Police Department, presented a plaque to
Colonel Slice of the Civil Air Patrol in recognition for their
� assistance with the flood relief. The Civil Air Patrol coordinated
and supported the City's efforts and maintained a sense of order.
Colonel Slice thanked the Crty Council on behalf of the Civil Air
Patrol. She asked that the City Council not hesitate to call on
them when they can be of assistance.
Councilwoman Solkcom stated that the Civil Air Patrol was very
helpful. Their efforts were appreciated.
Ms. Griep stated that the City wished to recognize four Fridley
police officers who responded to the severe flooding in East Grand
Forks and volunteered to assist in this area. These officers were
Wayne Pfuhl, Skip Standal, Greg Salo, and Dave Sorensen, who were
not able to attend the meeting this evening.
AWARD FROM THE AMERICAN PUBLIC WORKS ASSOCIATION:
Mr. Elora, Public Works Director, presented the pro�ect of the year
award to the City from the Minnesota Chapter of the American Public
Works Association for the 5tonybrook Creek pro�ect.
SOHN CONNELLY, EXECUTIVE DIRECTOR, NORTH METRO CONVENTION AND
VISITORS BUREAU:
' Mayor Jorgenson introduced Mr. John Connelly, the new Executive
Director for the North Metro Convention and Visitors Bureau.
� FRIDLEY CITY COUNCIL MEETING OF JUNE 9, 1997 PAGE 2
Mr. Connelly thanked the City Council for inviting him to the
meeting. He appreciated the opportunity to meet everyone. He has
been in this new position for about a week. He came from Rochester
where he was Executive Director for four years. He is excited
about the opportunity to market the north metro communities and
promote tourism. He said he looked forward to working with the
staff and City Council.
APPROVAL OF MINUTES:
COUNCIL MEETING, MAY 19, 1997•
MOTION by Councilman Barnette to approve the minutes as presented.
Seconded by Councilman Billings. Upon a voice vote, all voting
aye, Mayor Jorgenson declared the motion carried unanimously.
APPROVAL OF PROPOSED CONSENT AGENDA:
OLD BUSINESS•
1. ORDINANCE N0. 1097 AMENDING THE ZONING CODE, CHAPTER 205
ENTITLED "ZONING," BY AMENDING SECTIONS 205.17.OS.D.(6)
.18.OS.D.(6), 205.19.05.D.(6), ADDING SECTION 2DS.2U (M-
� -_Y..._AND,,.._ ., .....�_� � .u. .. ...,....�.._.. �..... ...,_ .� ..�.._.
AUTHOAIZING PUBLICATION OF OFFICIAL TITLE AND SUMMARY:
Mr. Burns, City Manager, stated that the first reading of this
ordinance was held April 28. The M-4 zoning district creates
stricter standards for industrial lots located near
residential areas. These restrictions relate mainly to uses
and exclude trucking terminals and other uses that require
outdoor storage of materials, vehicles and equipment. The
remaining requirements are similar to those used for other
industrial districts. Staff recommends approval of this
ordinance and authorization to publish the ordinance by title
and summary only.
WAIVED THE READING AND ADOPTED ORDINANCE NO. 1097 ON THE
SECOND READING. FURTHER, AUTHORIZED PUBLICATION OF THE
OFFICIAL TITLE AND SUhID1ARY ONLY FOR ORDINANCE NO 1097.
2. RECEIVE THE MINUTES OF THE PLANNING COMMISSION MEETING OF
RECEIVED THE MINUTES OF THE PLANNING COMMISSION MEETING OF
MAY 21, 1997.
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FRIDLEY CITY COUNCIL MEETING OF JUNE 9, 1997
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SPECIAL USE PERMIT REQUEST, SP #97-03, BY THOMAS AND LYNN
LASSER, TO ALLOW A SECOND ACCESSORY STRUCTURE (WORKSHOP) OVER
24Q SQUARE FEET, GENERAI,LY LQCATED AT 5840 TENNISON DRIVE N.E.
Mr. Burns, City Manager, stated that the petitioners are
requesting a special use permit to construct a 16 foot by
18 foot structure in their rear yard. This structure is to be
used as a workshop and for storage of lawn equipment and
tools. The new structure will be covered with siding similar
to that on the front of the dwelling. The Planning Commission
and staff both recommend approval with the stipulations that
the structure shall be architecturally compatible with the
existing structure and shall, at no time, be utilized for a
home occupation.
GRANTED SPECIAL USE PERMTT REQUEST, SP #97-03, WITH THE
STIPULATIONS THAT THE ACCESSORY STRUCTURE SHALL BE
ARCHITECTURALLY COMPATIBLE WITH THE EXISTING STRUCTURE AND
THAT THE STRUCTURE SHALL, AT NO TIME, BE UTILIZED FOR A HOME
OCCUPATZON.
APPROVE CHANGE ORDER N0. 1 TO CENTRAL AVENUE BITUMINOUS
SIDEWALK PROSECT NO. ST. 1994-9:
Mr. Burns, City Manager, stated that thls change order is for
$31, 673.80 to Hardrives, Inc. The change order will provide
for two bikeway segments on the east side of East River Road
between Rice Creek Way and Locke Lake Road and between Glen
Creek Road and Osborne Road. These segments were to have been
constructed with the County's last East River Road pro�ect,
but were dropped due to the inability to negotiate reasonable
costs with the County's paving contractor. Hardrives, Inc.
has agreed to build these segments, along with the Central
Avenue bikeway, at the same unit cost as the Central Avenue
bikeway. These costs are acceptable to the state and are
totally reimbursable through state aid funds.
AUTHORIZED CHANGE ORDER NO. 1 TO THE CENTRP.L AVENUE
BITUMOINOLTS SIDEWALK PROJECT NO. ST. 1994-9 WITH HARDRIVES,
INC. IN THE AMOUNT OF $31,673.80.
APPROVE CI3I�NGE ORDER N0. 4 TO 1996 STREET IMPROVEMENT PROJECT
N0. ST. 1996-1 & 2:
Mr. Burns, City manager, stated that this change order is in
the amount of $10,991.50 to Thomas & Sons Construction for
additional asphalt used on Alden Way and 77th Way. The change
order also covers additional railroad crossing pavement
markings on the east side of the Burlington Northern tracks on
77th Way.
AUTHORIZED CHANGE ORDER NO. 4 TO THE 1996 STREET IMPROVEMENT
PROJECT NO. ST. 1996-1 & 2 WITH THOMAS S SONS CONSTRUCTION,
INC. IN THE AMOUNT OF $10,991.50.
� FRIDLEY CITY COUNCIL MEETING OF JUNE 9, 1997 PAGE 4
6. RE50LUTION NO. 44-1997 AUTHORIZING AGREEMENT WITH STATE OF
MINNESQTA FOR FURNISHING CHEMICAL ASSESSMENT TEAM SERVICES
(FROM JULY 1, 1997 TO JUNE 30, 1999):
Mr. Burns, City Manager, stated that the Fridley Fire
Department has been the contracting agency for the North Metro
Chemical Assessment Team. This team includes the cities of
Fridley, Coon Rapids, and the Blaine/Spring Lake Park/Mounds
View fire district. The new contract extends the terms of the
existing contract that has been in effect since August, 1996.
ADOPTED RESOLUTION NO. 44-1997.
7. RESOLUTION N0. 45-1997 AUTHORIZING LEASE AGREEMENT WITH THE
FIRE TRAINING ASSOCIATION, A SOINT POWERS CREATED ORGANIZATION
�/�d[C
Mr. Burns, City Manager, stated that as the property owner of
the fire training site, the Crty is being asked to extend its
lease agreement with the Fire Training Association that uses
the site. This Association includes Fridley, Blaine, Spring
� Lake Park, Mounds View and Brooklyn Center. Staff recommends
the approval of this 25-year lease agreement.
ADOPTED RESOLUTION NO. 95-1997.
8. RESOLUTION N0. 46-1997 CALLING FOR A PUBLIC HEARING ON A
PROPOSAL FOR A HOUSING FINANCE PROGRAM AND THE ISSUANCE OF
REVENUE BONDS TO FTNANCE AN ELDERLY HOUSING DEVELOPMENT
iNOAH'S ARK OF FRIDLEY PROJECT) PURSUANT TO MINNESOTA LAW, AND
AUTHORIZING THE PUBLICATION OF A NOTICE OF THE HEARING•
Mr. Burns, City Manager, stated that the proposed public
hearing date is July 14, 1997 for the Noah's Ark pro�ect.
This development is along the west University Avenue service
drive near Wal-Mart. The bonds for this pro�ect are being
issued under Minnesota statutes authorizing cities to issue
revenue bonds for multi-family housing developments. In
agreeing to issue bonds, the City is not pledging its full
faith and credit, nor is it providing any funding for the
pro�ect, but simply acting as a conduit for a tax exempt bond
issue.
ADOPTED RESOLUTION NO. 46-1997, AND SETTING THE PUBLIC HEARING
DATE FOR JULY 14, 1997.
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FRIDLEY CITY COUNCIL MEETING OF JUNE 9, 1997 PAGE 5
9. ESTABLISH A PUBLIC HEARING FOR SUNE 23, 199�, FOR AN
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Mr. Burns, City Manager, stated that the proposed hearing date
of June 23 for this intoxicating liquor license. The license
would be issued to the new owners of the Main Event at 7820
University Avenue.
SET THE PUBLIC HEARING FOR AN INTOXICATING LIQUOR LICENSE FOR
SUCCESSFUL CONCEPT DEVEIAPMENT, INC. FOR JUNE 23, 1997.
RESQLUTION N0. 47-1997 AUTHQRIZING SUBMISSION OF ICE FACILITY
RENOVATION GRANT APPLICATION (COLUMBIA ARENA) (WARD 1):
Mr. Burns, City Manager, stated that this application is for a
$50,000 grant that would be matched with another $50,000 from
the National Sports Center Foundation. The funds would be
used for repair and renovation of the roof and locker rooms at
Columbia Arena. The City is proposing the grant application
at the request of the Minnesota Amateur Sports Commission, as
they are not eligible to apply for the grant. The County,
City and school district in which the facility is located is
eligible to make application for the grant; however, Anoka
County has a competing grant application and does not wish to
be the sponsor. Mr. Burns stated that there is absolutely no
City funding required and no responsibility for administering
the grant. In view of the value of these improvements to
Fridley users of the Columbia Arena, staff is recommending
Council's approval.
ADOPTED RESOLUTION NO. 47-1997.
11. CLAIMS:
AUTHORIZED PAYMENT OF CLAIM NOS. 74587 THROUGH 79911.
12. LICENSES:
APPROVED THE LICENSE AS SUBMITTED AND AS ON FILE IN THE
LICENSE CLERK'S OFFICE.
13. ESTIMATES:
APPROVED THE ESTIMATES, AS FOLLOWS:
Thomas & Sons Construction, Inc.
13925 Northdale Blvd.
Rogers, MN 55374
1996 Street Improvement Pro�ect
No. ST. 1996 - 1& 2
Estimate No. 9 . . . . . . . _
$78,684.27
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FRIDLEY CITY COUNCIL MEETING OF JUNE 9, 1997 PAGE 6
Richmar Construction, Inc.
7776 Alden Way, N.E.
Fridley, MN 55932
Water Treatment Plant No. 3
Pro�ect No. 293
Estimate No. 10. . . . . . .
S.N. Hentges & Sons, Inc.
650 Quaker Avenue
Jordan, MN 55352
Removal & Replacement of Miscellaneous
Concrete Curb, Gutter & Sidewalk
Pro�ect No. 305
Estimate No. 1 . . . . . . , . . . . .
Insituform Central, Inc.
17988 Edison Avenue
Chesterfield, MO 63005
Sanitary and Storm Sewer Repair
Pro�ect No. 304
Estimate No. 1 . . . . . . . .
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 May, 1997 .....
$47,797.87
. $ 9,638.70
$69, ll0.60
. . $ 4,250.00
No persons in the audience spoke regarding the proposed consent
agenda items.
Councilman Barnette asked about the proposed Noah's Ark pro�ect.
Mr. Burns, City Manager, stated that it was a 104 unit elderly high
rise development to be constructed next to Wal-Mart along the
University Avenue service drive.
Ms. Dacy, Community Development Director, stated that there would
be a variety of units in the market range available to seniors and
affordable to those with low and moderate incomes. She believed
the qualifying age is 55 or older, but she would verify this with
the developer.
Councilman Barnette asked how persons may obtain further
information.
Ms. Dacy stated that they could call her office at 572-3590 to
obtain the name of the developer.
� FRIDLEY CITY COUNCIL MEETING OF NNE 9, 1997 PAGE 7
Mr. Burns stated that representatives from Noah's Ark will be
present at the public hearing on July 14 to answer further
questions.
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MOTION by Councilman Schneider to approve
Seconded by Councilwoman Bolkcom. Upon
aye, Mayor Jorgenson declared the motion
ADOPTION OF AGENDA:
the consent agenda items.
a voice vote, all voting
carried unanimously.
MOTION by Councilman Schneider to adopt the agenda as submitted.
Seconded by Councilman Barnette. Upon a voice vote, all voting
aye, Mayor Jorgenson declared the motion carried unanimously.
OPEN FORUM, VISITORS:
FRIDLEY `49ER DAYS CELEBRATION:
Ms. Jan Golden, President of the Fridley 49er Association, stated
that in keeping with the City values and non-violence they are
promoting the Fridley parks and recreation system for the `49er
Days celebration. Over 35 events have been planned between June 11
and 15. She wants everyone to know that Fridley is a fun place to
live, work, and play. She is thankful to the businesses who
support this event. Tickets and buttons are available at Snyders,
Super-America, Sign Language and the Recreation office. The parade
wi11 be Thursday evening, June 12, beginning at 6:30 p.m. from the
high school. The Grand Marshal for the parade will be former
mayor, William Nee.
PUBLIC HEARINGS:
14. PUBLIC HEARING ON REVOCATION/SUSPENSION OF INTOXICATING LIQUOR
LICENSE FOR SHARX CLUB, 3720 EAST RIVER ROAD (WARD 3):
(CONTINUED FROM MAY 19, 199?):
Mayor Jorgenson re-opened this public hearing at 7:54 p.m. which
had been continued from the May 19, 1997 meeting.
Mr. Knaak, City Attorney, stated that since the May 19 meeting
there have been intensive discussions with Mr. DeFoe's attorney
which have resulted in an agreement that he believes fully
addresses the concerns of City personnel and the City Council. The
agreement has resulted in a proposed resolution that is intended to
address those points. It is recommended that the public hearing be
closed and the resolution adopted. Sharx`s has agreed to all the
points in the resolution. He requested that this agreement be
acknowledged by Mr. DeFoe's attorney, Mr. Martinson. Mr. Knaak
stated that the resolution provides for some immediate corrective
measures and a penalty which includes a one-week suspension
Mr. Brad Martinson, attorney representing Mr. DeFoe, stated that
they are in agreement with the terms in the proposed resolution.
On behalf of Mr. DeFOe, he would like to thank the City Council and
staff for the time they worked on this issue. He acknowledged
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FRIDLEY CITY COUNCIL MEETING OF JUNE 9, 1997
Mr. Knaak's efforts and thanked him for the courteous and
professional way they have been treated. Mr. Martinson stated that
the City Council has a number of items that staff presented, and
statistics were part of the story, as well as some people concerns.
It is his and Mr. DeFoe's hope that the people who are involved in
Sharx will become known to the City Council, as they are concerned
about the image in the community and the issues that led to this
public hearing. In no way do they take lightly the Police
Department concerns and the concerns of the City Council. He hoped
this resolution will be a stepping stone for a dialogue that will
persuade the City Council that this is a responsibly run business.
Their goal for the next year is to be on the consent agenda which
they hope to accomplish.
Councilman Billings asked if this procedure was similar to a quasi-
�udicial situation where the City Council sits as a �udge. The
aqreement that was reached is similar to a"plea bargain" where the
attorneys have worked out the issues before it gets to the �udge.
He also questioned if the procedure that the City Attorney and the
licensee's attorney reached is common with other municipalities in
the State of Minnesota in these types of situations.
Mr. Knaak stated that he would have to answer in the affirmative on
all these questions.
MOTION by Councilman Barnette to close the public hearing.
Seconded by Councilman Billings. Upon a voice vote, all voting
aye, Mayor Jorgenson declared the motion carried unanimously and
the public hearing closed at 8:00 p.m.
RESOT.UTION N0. 48-1997 PROVIDING FOR THE LIMITED SUSPENSION,
APPROVAL OF CONTINUATION WITH EXPRESS CONDITIONS AND SUBSEQUENT
PROCESS OF ONGOING REVIEW OF THE LIQUOR LICENSE OF SHARX IN THE
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MOTION by Councilwoman Bolkcom to adopt Resolution No. 48-1997
pursuant to the recommendation of the City Attorney and staff.
This resolution approving the liquor license for Sharx in the City
of Fridley is sub�ect to certain penalties stated in the
resolution, as well as certain ongoing, stated conditions that are
made part of the license. This motion is made on the express
understanding that the issues and reservations expressed and stated
earlier by the City's staff and this Crty Council related to the
Sharx liquor license have now, in fact, been and will be addressed
as the result of passage of this resolution, and that the penalty
imposed is reasonable and appropriate under the circumstances.
Further, by this motion, staff is directed to closely monitor
compliance by Sharx with all of the conditions now imposed by this
resolution on the license. 5econded by Councilman Billings. Upon
a voice vote, all voting aye, Mayor Jorgenson declared the motion
carried unanimously.
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FRIDLEY CITY COUNCIL MEETING OF JUNE 9, 1997 PAGE 9
15. PUBLIC HEARING ON AMENDMENT TO SECTION 7.02 OF THE FRIDLEY
CITY CHARTER REGARDING POWER OF TAXATION:
MOTION by Councilman Schneider to waive the readzng of the public
hearing notice and open the public hearing. Seconded by
Councilwoman Bolkcom. Upon a voice vote, all voting aye, Mayor
Jorgenson declared the motion carried unanimously and the public
hearing opened at 8:00 p.m.
Mr. Pribyl, Finance Director, stated that Ordinance No. 592 adopted
in August, 1975 included restricting language to Section 7.02 of
the City Charter in that it provided for a 16 mill limit on the
amount of taxes levied. The City Council was required to hold a
public hearing for any levy in excess of 16 mills.
Mr. Pribyl stated thai in 1988,
system, and there were new formulas
This, however, resulted in changes
terms such as tax capacity. Staff
recommending that all references
removed. The replacement language
Index specific to the Minneapolis/5t
the state simplified the tax
for determining the actual tax.
in the language from mills to
and the Charter Commission are
to the 1975 modification be
is tied with a Consumer Price
. Paul metropolitan area.
� Mr. Pribyl stated that the Charter Commission agreed to expedite
the amendment process, but he wanted the proposed changes reviewed
and approved by their attorney. Their attorney has reviewed the
amendment and recommended that approval be withheld until the 1997
Omnibus Tax Bill, recently signed by Governor Carlson, can be
considered. He recommended, therefore, that this hearing be
continued to July 14, 1997.
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Councilman Billings stated that Council has been conducting public
hearings on the mill levy even though there were changes by the
state, because it was not known if the 16 mills would be exceeded.
Basically, what this amendment would accomplish is to bring the
City Charter in compliance with state statutes.
MOTION by Councilman Schneider to continue this public hearing to
July 19, 1997. Seconded by Councilwoman Bolkcom. Upon a voice
vote, all voting aye, Mayor Jorgenson declared the motion carried
unanimously.
16. PUBLIC HEARING ON AN INTOXICATING LIQUOR LICENSE FOR VALLEY
CREEK, INC. (FORMERLY MAPLE LANES) (WARD 2):
MOTION by Councilman Schneider to waive the reading of the public
hearing notice and open the public hearinq. Seconded by Councilman
Barnette. Upon a voice vote, all voting aye, Mayor Jorgenson
declared the motion carried unanimously and the public hearing
opened at 8:19 p.m.
Mr. Pribyl, Finance Director, stated that this is a request for an
intoxicating liquor license by Valley Creek, Inc. for the former
Maple Lanes business. The Police Department has completed the
required background check and found no reason to deny this request.
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FRIDLEY CITY COUNCIL MEETING OF JUNE 9, 1997 PAGE 10
The applicant has acquired the Maple Lanes bowling facility at 6310
Highway 65.
Councilman Schneider asked if the applicant has run similar
facilities.
Mr. Mike Anderson, representing the new owner Harvey Anderson,
stated that Mr. Anderson has been in the bowling business for 25
years and is not planning any significant changes at Map1e Lanes.
Some oP the bowling centers he owns are Southtown, Village North,
Valley Creek, Sundance Lanes, Heroes, and Saxton Lanes.
Councilman Billings stated that he was under the impression that
several of these locations were owned by a construction company.
Mr. Anderson stated that they were owned by Carlson-Anderson
Construction at one time.
Councilman Billings asked if they were operating Mingles in Little
Canada.
Mr. Anderson stated that they have closed it, as they are really
not in the bar business. Bowling is their number one operation.
Councilman Schneider stated that he assumes Mr. Anderson is aware
of the liquor license requirements which the City takes very
seriously.
No other persons spoke regarding this intoxicating liquor license.
MOTION by Councilman Schneider to close the public hearing.
Seconded by Councilman Barnette Upon a voice vote, all voting aye,
Mayor Jorgenson declared the motion carried unanimously and the
public hearing closed at 8:17 p.m.
17. PUBLIC HEARING ON A REZONING REQUEST, ZOA #97-01, BY THE CITY
OF FRIDLEY, TO REZONE EIGHT PROPERTIES FROM M-1, LIGHT
TNiIiTCTRTAL. ➢iQTI M-7 AFi1�N TNTIiTCTRTAT. T(1 M-d MZ1iSfTFA('TTTRTNr•
MOTION by Councilman Billings to waive the reading of the public
hearing notice and open the public hearing. Seconded by Councilman
Barnette. Upon a voice vote, all voting aye, Mayor Jorgenson
declared the motion carried unanimously and the public hearing
opened at 8:17 p.m.
Ms. McPherson, Planning Assistant, stated that this public hearing
is to consider rezoning of eight properties from either M-1 Light
Industrial or M-2 Heavy Industrial to M-4 Manufacturing. Council
recently adopted a new ordinance which amends the existing
industrial districts by eliminating loading docks on corner lots
which face the public right-of-way across from residential
districts and creates an M-4, Manufacturing Only district.
Ms. McPherson stated that the intent of the newly created M-4
district is to reduce the impact of warehouse and distribution
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FRIDLEY CITY COUNCIL MEETING OF JUNE 9, 1997 PAGE 11
facilities on residential properties, encourage uses which provide
a significant amount of �ob opportunities, promote clean uses which
do not produce fumes, odors, or require outside operations which
may cause noise, and eliminate uses which require significant
amounts of outdoor storage and display.
Ms. McPherson stated that eight properties have been recommended to
the Planning Commission for rezoning. These are: Everest
Properties at 61st Avenue and Main Street; Anderson Trucking,
Osborne Road; Kurt Manufacturing, Central Avenue; Friendly
Chevrolet, Central Avenue; McGlynn's, Commerce Lane; Coachman
Companies, Osborne Road; R.R.I., Inc., Ashton Avenue; and Northco
Property, Northco Drive. After review by the Planning Commission,
they recommended five sites be rezoned to M-4. They are the
Everest Properties, Anderson Trucking, R.R.I., Inc., Friendly
Chevrolet, and Kurt Manufacturing (both the occupied and vacant
parcel). The Commission weighed the intent of the ordinance with
the possible impact to existing owners and recommended that the
McGlynn, Coachman, and Northco sites not be rezoned. Staff
recommends that Council concur with the Planning Commission's
recommendation.
Councilman Schneider asked if any of the property owners ob�ected
to the rezoning.
Ms. McPherson stated that the owner of the Everest Properties at
61st Avenue and Main Street has strenuously ob�ected to the
property being rezoned. The property owners of the other four
parcels recommended for rezoning have not ob�ected throughout the
rezoning process. Kurt Manufacturiny was contacted to make sure
they understood the rezoning. They had no ob�ections.
Mr. John Pritchard, Chief Operations Officer for McGlynn's, stated
that he was prepared to share concerns on the rezoning of their
site. However, the Planning Commission has recommended their site
not be rezoned. They hope that Council concurs.
Mr. Richard Eskola, attorney representing Coachman Companies,
stated that he had the same agenda as Mr. Pritchard. His client is
actively marketing the property. He urged Council to adopt the
Planning Commission recommendation and not rezone the Coachman
property.
No other persons spoke regarding the proposed rezoning of these
parcels.
MOTION by Councilman Barnette to close the public hearing.
Seconded by Councilwoman Bolkcom. Upon a voice vote, all voting
aye, Mayor Jorgenson declared the motion carried unanimously and
the public hearing closed at 8�29 p.m.
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FRIDLEY CITY COUNCIL MEETING OF JUNE 9, 1997
OLD BUSINESS:
18. ORDINANCE NO
I
PAGE
1098 OF THE CITY OF FRIDLEY, MINNESOTA, FINDING
SCRIBING THE PENALTIES
UI�s\�I�
Ms. Dacy, Community Development Director, stated that this is the
second reading of an ordinance which would declare unpaved, gravel,
or dirt driveways a public nuisance. At the time of the first
reading of the ordinance on July 8, staff was authonzed to hire
the Center for Energy and the Environment (CEE) to work with the
households who are directly affected by this ordinance to determine
the £inancial impact.
Ms. Dacy stated that as a result of this process every household
affected was notified. Of the 234 households, 31 did pave their
driveway, 111 either did not respond to telephone messages or had
unpublished telephone ntunbers. However, 92 households were
contacted, and 47 0£ those proceeded to request audits. Of the 47
who expressed an interest in an audit, 33 have expressed interest
1n participating in the City's volume based paving program. The
remaining 45 households of the 92 contacted either were not
interested or offered miscellaneous comments which ranged from
refusal to comply with the ordinance to not being prepared to make
a decision.
Ms. Dacy stated that the CEE staff advised that of these 33
households, eighty percent have incomes which can assimilate the
cost of the improvement and the remaining twenty percent have lower
incomes which may need a deferral, a Federal grant, or the HRA's
"last resort" program. Since the initiation of the five percent
housing improvement loan program, 19 properties have used the
program to pave a driveway. The average household income was
approximately $41,550; the median inr_Qme was $29,957; the lowest
was $23,864; and the highest was $50,000 plus
Ms. Dacy stated that if the ordinance is adopted staff is proposing
a five-year period with no prosecution. She systematic code
enforcement program has been initiated so that staff will remind
the owners they have up to five years to pave their driveways.
Another letter will be sent to the remaining 111 households that
were not contacted.
Ms. Dacy stated that under Section 110.02.1, Driveway Nuisance, the
following words in the first paragraph "as provided under Chapter
205.07(6)A(2)" should be eliminated. This applies simply to the
R-1 zoned properties. There is one unpaved driveway located in a
C-2 zone.
Councilman Barnette asked how they arrived at a figure of $1.25 a
square foot.
� FRIDLEY CITY COUNCIL MEETING OF JUNE 9, 1997 PAGE 13
Ms. Dacy stated that last summer several driveway contractors were
contacted, and a quote was received of $1.25 a square foot.
Councilman Barnette stated that the bids he received for his
driveway were considerably higher.
Councilman Schneider asked if the $1.25 a square foot is still a
realistic figure.
Ms. Dacy stated that all the information she received was about
that amount.
Councilwoman Jorgenson stated that if the quote was for a minimum
of thirty driveways, this may be the reason for a reduction in the
cost.
There was discussion on how a new property owner would know about
this requirement.
Councilman Schneider felt that anyone purchasing property would
probably have an assessment search.
Councilman Billings suggested that possibly this requirement could
� be incorporated on the form used for an assessment search so
prospective new owners would be aware that the driveway would need
to be paved.
MOTION by Councilwoman Bolkcom to waive the reading and adopt
Ordinance No. 1098 on the second reading and order publication,
with the following change: Delete the following words "as provided
under Chapter 205.07(6)A(2)", under Section 110.02.1, Driveway
Nuisance. Seconded by Councilman Schneider.
Mr. Ralph Wedgewood, 5871 W. Moore Lake Drive, felt that the City
should not wait five years to have the driveways paved. He felt
this should be enforced immediately. For those persons who have a
financial hardship, they should receive a waiver.
Councilman Schneider stated that this has been a lengthy process.
Hearings were held, and the five years was a compromise. There are
some provisions for funding or deferment of the assessment.
Mr. Wedgewood stated that people do not pave their driveways
because they are derelicts. He hated to think that if someone is a
big enough derelict that the City would give them money to
accomplish what most citizens do on their own. The City then
becomes a caretaker for the derelicts in the community.
� Councilwoman Bolkcom stated that there are those on fixed incomes
that this ordinance will affect. This is a huge inves�ment for
some people.
Mr. Wedgewood stated that he knows of cases where people have
plenty of resources, but they do not keep up their property.
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FRIDLEY CITY COUNCIL MEETING OF JUNE 9, 1997 PAGE 14
Councilwoman Bolkcom stated that, hopefully, with the systematic
code enforcement some of those issues can be addressed.
Ms. Dacy stated that the funds are recovered, with interest, from
the funding programs available. This really provides additional
time to pay and a means to finance the improvement �o fit into a
household's budget.
Mayor Jorqenson stated that there are instruments in place. If a
property owner does not keep up his property, the City can
intervene and assess the costs to the owner.
UPON A VOICE VOTE TAKEN ON THE ABOVE MOTION, all voted aye, and
Mayor Jorgenson declared the motion carried unanimously.
NEW HUSINESS:
19. RESOLUTION N0. 49-1997 AUTHORIZING THE ADVERTISEMENT FOR SIDS
FOR RESIDENTIAL DRIVEWAY PAVING•
Mr. Flora, Public Works Director, stated that this resolution gives
staff the authorization to initiate the advertisement for bids to
pave residential driveways.
MOTION by Councilman Schneider to adopt Resolution No. 49-1997.
Seconded by Councilwoman Bolkcom. Upon a voice vote, all voting
aye, Mayor Jorgenson declared the motion carried unanimously.
20. FIRST READING OF AN ORDINANCE TO AMEND THE CITY CODE OF THE
E
ra��i��u�
IES FROM M-1, LIGHT INDUS
Ms. McPherson, Planning Assistant, stated that the public hearing
earlier this evening had covered eight properties to be rezoned
from M-1 and M-2 to M-4. The Planning Commission has recommended
that five of these eight properties be rezoned to M-4, If Council
concurs with the Planning Commission recommendation, sites #2, 4,
and 8 should be deleted from this proposed ordinance. These sites
are the McGlynn, Coachman, and Northco properties. The five sites
to be rezoned are the Everest Properties, Main Street; Anderson
Trucking, Osborne Road; R.R.I., Inc., Ashton Avenue; Fn endly
Chevrolet, Central Avenue; and Kurt Manufacturing, Central Avenue.
The legal description for the existing Kurt Manufacturing facility
also would need to be added to this ordinance for the second and
final reading.
MOTION by Councilman Billings to waive the reading and approve the
ordinance on first reading. Seconded by Councilman Schneider.
MOTION by Councilman Billings to amend the ordinance by eliminating
the following: Site No. 2, Lot 3, Block 1, Northco Susiness Park
2nd Addition; Site No. 4, all references to any part of Lot 3,
Block 4, Commerce Park; and Site No. 8, all references to Lot 2,
Block 4, Commerce Park. Seconded by Councilman Schneider. Upon a
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FRIDLEY CITY COUNCIL MEETING OF JUNE 9, 1997 PAGE 15
voice vote, all voting aye, Mayor Jorgenson declared the motion
carried unanimously.
MOTION by Councilman Billings to amend the ordinance by adding the
legal description for part of the Kurt Manufacturing site and
direct staff to bring it back for the second reading of the
ordinance. Seconded by Councilman Schneider. Upon a voice vote,
all voting aye, Mayor Jorgenson declared the motion carried
unanimously.
UPON A VOICE VOTE TAKEN ON THE ABOVE MOTION, all voted aye, and
Mayor Jorgenson declared the motion carried unanimously.
21. FIRST READING OF AN ORDINANCE AMENDING SECTION 11.01 OF THE
CITY CHARTER (REGARDING PUBLIC UTILITIES).
Ms. Dacy, Community Development Director, stated that this
amendment was suggested as part of the analysis regarding the
impact of telecommunication facilities in the City. The amendment
includes reference to other communication services or any other
products or services the City, by ordinance, determines to be in
the interests of the public. This amendment provides Council with
the flexibility to pursue public ownership of the telecommunication
facilities if it is in the interests of the public.
Ms. Dacy stated that at the public hearing held on this proposed
amendment there was testimony by one of the providers. The Charter
Commission recommends approval of this amendment. Their attorney
concurs, as suggested by our City Attorney.
MOTION by Councilman Schneider to waive the reading and approve the
ordinance on first reading. Seconded by Councilman Barnette. Upon
a voice vote, all voting aye, Mayor Jorgenson declared the motion
carried unanimously.
22. INFORMAi� STATUS REPORTS:
Mr. Burns, City Manager, stated that in the conference session he
would like to discuss the causeway lighting pro�ect on Highway 65
and the Maynard Nielsen property on East River Road.
Ms. Dacy stated that staff brought forth a proposal for decorative
lighting on Highway 65. The lighting would be an image and traffic
safety enhancement for the City. This issue was discussed
informally after the May 5 Council meeting. There was a request
for accident history; however, MnDOT has not complied, as yet, with
this request. There was also mention of a neighborhood meeting and
a survey, as well as a list of other information and requests. She
has been compiling information regarding the requests.
Councilman Schneider stated that he is not necessarily opposed to
this lighting, but he would like the neighborhood involved.
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FRIDLEY CITY COUNCIL MEETING OF JUNE 9, 1997
PAGE 16
Ms. Dacy stated that the option to Council and the HRA is to
determine if they want to include this lighting in the bid
specifications.
Councilman Schneider stated that he wanted some public input before
he made a decision.
Councilwoman Bolkcom stated that Ann Pribula, 6880 East River Road,
is anxious to return to her home on East River Road. Ms_ Pribula
has been relocated because of the construction on East River Road.
Despite promises from the contractor that she could return to her
home by last Christmas, she still is not able to move back. She
questioned if anyone from the City could assist Ms. Pribula in
resolving this issue.
Mayor Jorgenson stated that she has contacted the City's building
official, Ron Julkowski, and understands that the contractor was
going to try to finish this pro�ect in short order.
Councilwoman Bolkcom stated that an outstanding issue is the bond
for the landscaping.
Ms. Pribula stated that she �ust wants to be able to move back into
her home. Any asslstance would be appreciated.
Councilman Billings stated that he wanted to make sure the confiict
is not with City staff. He questioned if the contractor was
licensed to do business in Fridley. He thought perhaps there is
some way, through the licensing process, that the City can make
sure he fulfills his promises to the residents.
Mayor Jorgenson asked if the City required a bond, if a completion
date could be stated and, if the landscaping is not completed, if
the City would cash the bond.
Ms. Dacy stated that she believed this could be done. She said
that she would follow through on this issue with the building
inspector and contact the contractor to see if they can resolve
this problem.
Councilman Billings stated that he has submitted a memorandum
regarding the Northstar Corridor. The counties and cities along
Highway 10 have initiated a study on traffic in that corridor and
have applied for federal funding. One possibility is commuter rail
between Minneapolis and 5t. Cloud. Amtrak is conducting some
demonstration pro�ects around the nation. $100,000 has been raised
to bring that Amtrak demonstration to the Twin Cities the week of
July 1, 2, and 3. He would keep Council informed as plans develop
in that corridor study.
Mayor Jorgenson reminded the residents that this is `49er Days
week. The celebration begins Wednesday, June 11 and runs through
Sunday, June 15. The parade will be on Thursday evening. There
will be a carnival next to the Municipal Center. She invited
everyone to participate in this week's activities
' FRIDLEY CITY COUNCIL MEETING OF JUNE 9, 1997 PAGE 17
ADJOURNMENT:
MOTION by Councilman Sarnette to ad�ourn the meeting. Seconded by
Councilwoman Bolkcom. Upon a voice vote, all voting aye, Mayor
Jorgenson declared the motion carried unanimously and the Regular
Meeting of the Frzdley City Council of June 9, 1997 ad�ourned at
9:22 p.m.
Respectfully submitted,
`� C/
Carolye Had����— ancy J. Jorgenson
Secretary to the City Council Mayor
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