02/09/1998 - 00000988�
THE MINUTES OF THE REGULAR MEETING OF THE FRIDLEY CITY COUNCIL OF
The Regular Meeting of the Fridley City Council was called to order
by Mayor Jorgenson at 7:30 p.m.
PLEDGE OF ALLEGIANCE:
Mayor Jorgenson led the Council and audience in the Pledge of
Allegiance to the Flag.
ROLL CAI�L :
MEMBERS PRESENT: Mayor Jorgenson, Councilman Barnette,
Councilman Billings, Councilman Schneider and
Councilwoman Bolkcom
MEMBERS ABSENT: None
PRESENTATION OF AWARD:
MR. MARV KOLLING, UNITED DEFENSE.
Mr. Siah St. Clair, Naturalist, introduced Mr. Marv Kolling,
Procurement Manager from United Defense. Marv and his co-workers
� volunteer their time in maintaining the trails at Springbrook
Nature Center. Their parent company, FMC, recognized these
individuals for outstanding achievement working with the
environment. The group was presented with an award, as well as
$1,000 which was used to purchase video equipment for Springbrook
Nature Center.
Mr. Kolling stated that the procurement employees were nominated in
1997 for this award. He said he has en�oyed doing the work and
will continue this year on the same pro�ect He presented this
award to Mayor Jorgenson and Council.
Mayor Jorgenson stated that this was truly a
and his group have worked replacing some of
They are to be commended for their community
efforts.
APPROVAL OF MINUTES:
COUNCIL MEETING, JAN[JARY 26, 1998:
beautiful award. Marv
the paths and benches.
involvement and their
MOTION by Councilman Barnette to approve the minutes as presented
Seconded by Councilwoman Bolkcom. Upon a voice vote, all voting
aye, Mayor Jorgenson declared the motion carried unanimously.
� APPROVAL OF PROPOSED CONSENT AGENDA•
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FRIDLEY CITY COUNCIL MEETTNG OF FEBRUARY 9, 1998
OLD SUSINESS:
1. ORDINANCE NO. 1113 RECODIFYING THE FRIDLEY CITY
CHAPTER 506, ENTITLED "PARKS AND PARKWAYS," BY A
Mr. Burns, City Manager, stated that this ordinance provides
Council definition of park hours. Currently, the
establishment of park hours is delegated to the Parks and
Recreation ComnGission. The purpose of the change is to
provide a more effective tool for enforcement of park hours.
It has been prompted by concern of neiqhbors who live near the
Stevenson Elementary School playground. The definition of
park includes school playgrounds for school districts that
have agreed, by resolution, to have their playground areas
included in this ordinance, The hours of operation are
5:00 a.m. to 10:00 p.m.
WAIVED THE SECOND READING AND ADOPTED ORDINANCE NO. 1113 ON
THE SECOND READING AND ORDERED PUBLICATION.
NEW SUSINESS:
2. RESOLUTION NO. 11-1998 APPROVING AND ADOPTING THE 1998
COMMCJNI'I'Y DEVELOPI�NT BLOCK GRANT PROGRAM:
Mr. Burns, CitV Manager, stated that a public hearing was held
January 26, 1998 with no ob�ections raised on the proposed use
of these funds. The funds will be appropriated as follows:
$120,952 for housing rehabilitation, $8,500 to ACCAP; $4,000
to the Fridley Senior Center; $4,000 to Fridley Recreation and
Natural Resources; $3,000 to Alexandra House, $2,500 to SACA;
and $1,000 for the County administrative fee. These funds
will be spent during the period of July 1, 1998 to June 30,
1995.
ADOPTED RESOLUTION NO. 11-1996.
3, RESOLUTION NO. 12-1998 APPROVING A VACATION, SAV #97-02,
GENERALLY LOCATED AT 8200 UNIVERSZTY AVENUE N.E „ AND
REPEALING RESOLUTION NO. 5-1998 (WARD 3):
Mr. Burns, City Manaqer, stated this easement that was vacated
on January 5 bisected the Bachman's property and would have
prevented construction of their new store. Stipulation No. 2
to the vacation that was approved on January 5 provided a
description of the easement to be vacated. The attorney for
Bachman's believed this stipulation to be redundant and asked
Council to re-approve the vacation without iL. Mr. Burns
stated that in view of the fact thaL the original easement was
described earlier in the vacation document, staff concurs that
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FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 9. 1998
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the attorney's request was reasonable and will help to prevent
future confusion.
ADOPTED RESOLUTION NO. 12-1998.
VARIANCE REQUEST, VAR #98-02, BY ANDERSON CARPET, TO REDUCE
THE SIDE YARD SETBP,CK FROM 15 FEET TO 5 FEET TO EXPAND THE
Mr. Burns, City Manager, stated that these variances will
allow the reconstruction and reuse of the former Hanna Car
Wash building at 7300 University Avenue. The first variance
is a side yard variance on the north side of the property for
the existing building and a 1,330 square foot showroom
addition. If granted, this variance would reduce the side
yard setback from 15 feet to 5 feet. The second variance is
for a parking setback on the south side of the building to
reduce the required setback from 20 feet to 17 feet. The
Appeals Commission voted unanlmously to approve these
variances at their January 28 meeting.
GRANTED VARIANCE REQUEST, VAR #98-02, TO REDUCE THE SIDE YARD
SETBACK FROM 15 FEET TO 5 FEET AND REDUCE THE PARKING SETBACK
FROM 20 FEET TO 17 FEET AT 7300 UNIVERSITY AVENUE.
ESTABLISH A PUBLIC HEARING FOR FEBRUARY 23, 1998, TO ADOPT AN
ORDINANCE FOR THE MANAGEMENT OF THE PUBLIC RIGHT-OF-WAY:
Mr. Burns, Crty Manager, stated that this proposed ordinance
has been drafted pursuant to a 1997 state statute that enables
cities to establish ordinances governing the location of
utilities in public rights-of-way. In order to have this
legislation in place for the 199H construction season, lt is
recommended that a timetable for consideration of the
ordinance begin on February 23, 1998. With Council's
concurrence the first and second readings of this ordinance
will be held March 3 and March 16, 1998 respecticely
SET THE PUBLIC HEARING FOR FEBRUARY 23, 1998, ON THE ORDINANCE
FOR MANAGEMENT OF THE PUBLIC RIGHT-OF-WAY.
RECEIVE BIDS AND AWARD CONTRACT FOR THE RICE CREEK BANK
STABILIZATION PROJECT NO. 309:
Mr. Burns, City Manager, stated that bids were
January 21. Park Construction was the lowest
pro�ect that would be built with n prap and gabion
This pro�ect will provide for erosion control
opened on
bzd for a
materzals.
and bank
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FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 9, 1998 PAGE 9
7.
restoration along a one-half mile stretch of R�ce Creek
located between 400 Rice Creek Terrace and Locke Park.
Mr. Burns said that the total bid was $265, 032.50. Of this
amount, half is to be paid by the Rice Creek Watershed
District, and the other half is split evenly between the City
and abutting property owners. The City's share is $66,258,
and funds are budgeted in the Storm Water Capital Improvements
Fund. It is recommended that the bids be received and the
contract be awarded to Park Construction in the amount of
$265,032.50.
RECEIVED THE FOLIAWING BIDS FOR PROJECT NO. 309: PARK
CONSTRUCTI023, $265,032.50; VEIT & COMPANY, $296,322.00; AND
CARL BOLANDER & SONS, $296,956.00. FURTHER, TO AWARD THE
CONTRACT TO THE LOWEST BIDDER, PARK CONSTRUCTION IN THE AMOUNT
OF $265,032.50.
UESTING A VARIANCE FOR TF.
Mr. Burns, City Manger, stated that under the terms of this
resolution the CitV is requesting a two-foot variance from the
� required bike path wzdth from the Minnesota Department of
Transportation. The variance is needed to accommodate
reconstruction of the southern 1eg of the Old Central Avenue
bike path in con�unction with the improvement of the Lake
Pointe intersection.
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ADOPTED RESOLUTION NO. 13-1998.
MOTION TO AUTHORIZE ADVERTISEMENT FOR 1998 PLAYGROUND
EQUIPMENT BIDS:
Mr. Burns, City Manager, stated that the playground equipment
scheduled to be replaced is in Briardale, Edgewater Gardens,
Plymouth Square, Ruth Circle and Sylvan Hills parks. The
playground equipment in each park will be bid as a separate
pro�ect with an approved expenditure The bids will be
evaluated with input from area residents and the Parks and
Recreation Commission. The pro�ects will be awarded to the
vendor(s) that provide the best value for the funds available.
The amount of funds budgeted for these upgrades is $204,000,
and the goal zs to complete the bidding and have the
installation completed by the middle of July, 1998.
AUTHORIZED THE ADVERTISEMENT FOR BIDS FOR THE 1998 PLAYGROUND
EQUIPMENT.
� 9. CLAIMS•
AUTHORIZED PAYMENT OF CLAIM NOS. 78928 THROUGH 79182.
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FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 9, 1998 PAGE 5
10. LICENSES:
APPROVED THE LICENSES AS SLTBMITTED AND AS ON FILE IN THE
LICENSE CLERK'S OFFICE.
11. ESTIMATES:
APPROVED THE ESTIMATES, AS FOLLOWS:
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 January, 1998 ..
Newquist & Ekstrum, Chartered
301 Fridley Plaza Office Building
6401 University Avenue N.E.
Fridley, MN 55432-4381
Services Rendered as City Prosecuting
Attorney for the Month of November, 1997
McMagney Construction, Inc.
19245 Highway 7
Excelsior, MN 55331
Wellhouse No. 1 and Water Booster Statlon
Rehabilitation Pro�ect No. 298
Estimate No. 5 . . . . . . . . . . . .
$ 4,250.00
. $16,194.50
$25,460 00
No persons in the audience spoke regarding the proposed consent
agenda items.
MOTION by Councilman Barnette to approve the consent agenda items.
Seconded by Councilman Schneider. Upon a voice vote, all voting
aye, Mayor Jorgenson declared the motion carried unanimously.
ADOPTION OF AGENDA:
MOTION by Councilman Schneider to adopt the agenda as submitted.
Seconded by Councilwoman Bolkcom. Upon a voice vote, all voting
aye, Mayor Jorgenson declared the motion carried unanimously.
OPEN FORUM, VISITORS:
There was no response from the audience under this item of
business.
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FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 9, 1998 PAGE 6
[�?��f 3ib7�_I �l�F`F�
12. ORDINANCE NO. 1114 TO AMEND THE CITY
FRIDLEY, CHAPTER 205.29, "0-5, TELECOM
C_�
THE CITY OF
Mr. Hickok, Planning Coordinator, stated that this ordinance is a
zoning text amendment, ZTA #97-04, to designate seven srtes as
"approved sites" for telecommunication towers or antennas on
existing buildings. At the January 26 meeting this ordinance was
approved on first reading. At this time, Council requested that
staff evaluate a ntunber of questions that arose.
Mr. Hickok stated that Jim and Heidi Skarie expressed concern about
the identification of the City right-of-way, ad�acent to I-694 (and
his apartment complex) as an approved site for telecommunication
equipment and facilities. Mr. Skarie asked if the billboard site,
east of his complex, could be utilized.
Mr. Hickok stated that, in response to Mr Skarie's question,
Mr. Brown of Fairway Outdoor Advertising was contacted. He may be
interested in the use of his site as a telecommunications site
under certain conditions. Mr. Brown indicated that the current
billboard structure could possibly be rebuilt on a single pole to
serve both as support for the billboard and also function as a
communications antenna. Mr. Hickok stated this rebuilding would
require rezoning of the property.
Mr. Hickok stated that Mrs. Skarie also indicated they would prefer
not to have the n ght-of-way site listed as an approved site.
However, if it is so designated, a location further to the east
would be preferred. The owner of the apartment complex east of
this site has contacted staff and said that she does not want the
tower moved to the east as suggested by the Skaries
Mr. Hickok stated that staff felt the most efficient location to
place a tower and facilities on the right-of-way (north of the
Skarie site) would be near the Fifth Street end of the property.
In a telephone conversation with staff, Mr. Skarie indicated that
he would allow the northeast corner of his site to be utilized as a
tower location. However, in a later conversation, he retracted the
offer and stated that he is still evaluat�ng the possibilities
Mr. Hickok stated that Mayor Jorgenson asked about the vacant
parcel between the billboard site and the Skarie property.
Mr. Nedegaard was contacted and indicated a strong interest in
having his site utilized as an approved site. The access to this
site would erther have to be from Fifth Street or an extended drive
aisle would be required across the Fairway Billboard property.
Mr. Hickok stated that Councilwoman Bolkcom asked about the
uncertainty of the NSP pole location near Springbrook Nature
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FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 9, 1998 PAGE 7
Center. This pole is not on City property. Council can either
eliminate the Springbrook/NSP site from the ordinance or leave it
as an approved site; however, this would be contrary to the
recommendation of the Parks and Recreation Commission.
Ms. Ra�manaan, Agro-K, indicated that she and her employees would
prefer their site be removed as an approved site. However, even if
this site is designated as an approved site, the owner does not
have too allow this equipment on the site.
Mr. Hickok
continuing
considered
March.
stated that Mr. Carlson of Park Construction is
to evaluate whether they wish to have their site
as an approved site and will be responding in early
Mr. Hickok stated staff is recommending that Council adopt the
ordinance on second reading wrth all the sites as recommended with
the exception of the Springbrook/NSP srte. If Council concurs,
this language referring to the Springbrook/NSP srte would be
deleted prior to the Mayor and City Clerk sigriing the official
ordinance.
Councilman Barnette asked if the owner of the apartment complex on
Seventh Street stated her ob�ections. Mr Hickok stated that it
was the proximity of the tower location in regard to her apartment
complex.
MOTION by Councilman Billings to waive the second reading and adopt
Ordinance No. 1114 on the second reading and order publication
Seconded by Councilman Schneider.
MOTION by Councilwoman Bolkcom to delete the last paraqraph in
Section 2 of this ordinance which refers to the NSP power
structures on City-owned property. Seconded by Councilman
Billings. Upon a voice vote, all voting aye, Mayor Jorgenson
declared the motion carried unanimously.
UPON A VOICE VOTE TAKEN ON THE MAIN MOTION, all voted aye, and
Mayor Jorgenson declared the motion carried unanimously.
13. INFORMAL STATUS REPORTS:
Mr. Burns, City Manager, stated that Mr. Flora wished to discuss
the storm water line on Hackmann Avenue as part of the improvements
in this area
Mayor Jorgenson stated that Council wi11 be discussing the City
Manager's performance review.
Councilwoman Bolkcom reminded everyone of the 50th Anniversary Task
Force meeting on Thursday, February 12 at 5 30 p.m. in the lower
level of the Municipal Cent_er.
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FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 9, 1998 PAGE 8
►��7fifil�e
MOTION by Councilman Schneider to ad�ourn the meeting. Seconded by
Councilman Sarnette. Upon a voice vote, all voting aye, Mayor
Jorgenson declared the motion carried unanimously and the Regular
Meeting of the Fridley City Council of February 9, 1998 ad�ourned
at 7:54 p.m.
Respectfully submitted,
� c at<_ �l<���. C-
Carole Haddad
Secretary to the City Council
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Nancy J. Jorgenson
Mayor