04/12/1999 - 00000474THE MINUTES OF THE REGULAR MEETING OF THE FRIDLEY CITY COUNCIL
OF APRIL 12, 1999
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 CALL:
MENIBERS PRESENT
MENIBERS AB SENT
Mayor 7orgenson, Councilmember Barnette, Councilmember
Billings, Councilmember Wolfe, and Councilmember Bolkcom
None
BOARD OF REVIEW MEETING:
1. BOARD OF REVIEW:
Mayor Jorgenson explained that the Board of Review gives residents an opportunity to address
Council with regard to their property taxes payable in the year 2000.
MOTION by Councilmember Bolkcom to open the Board of Review at 7:32 p.m. Seconded by
Councilmember Barnette.
UPON A VOICE VOTE, ALL MEMBERS VOTING AYE, MAYOR JORGENSON
DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE BOARD OF
REVIEW WAS OPENED AT 7:32 P.M.
Mr. Hervin, Assessor, explained that the Board of Review meeting was required by State Statutes
and must be held in April or May for taxes payable the following year. The Board has three
possible courses of action that can be taken on a case including: 1) affirm the current value; 2)
reduce the value based on evidence presented; or 3) increase the value based on evidence
presented. Anoka County requires that the sales ratio be between 94 percent and 95 percent
based on sales from previous years. This year basic structure values increased by approximately
seven percent, with many increases in the range of ten percent to twelve percent. The average
sale price in Fridley has gone from $106,000 in 1998 to $115,700 this year. Mr. Hervin briefly
summarized the appeal process. He noted that one resident had contacted him and was present to
discuss his case with Council.
Mr. Gary Wellner, owner of property at 5361-5371-5373 Si�th Street stated that he closed on a
sales transaction for these properties in February 1999 at a value far less than the assessed value.
He stated that the increase in value which is being proposed is fourteen percent, which he felt was
an abhorrently high increase. One of the comparables, which was identified for his property, was
sold in March 1998. He drove by the property and noted that the structure was comparable;
however, the property does have a garage that his property does not have. The value of his
property that was agreed upon at the time of the sales transaction was $129,275,
which was certified by the closer. If the ratio were roughly 94 percent to 95 percent of the value,
it would be less than the $129,275. He felt that raising the value to $141,000 was too much.
Councilmember Bolkcom asked if Mr. Hervin could arrange to meet with Mr. Wellner to go over
the comparables used and other pertinent information. Mr. Hervin stated that he would be happy
to do so. Mr. Hervin noted that Mr. Wellner's rental property was situated on two lots and that
there was a substantial increase in the land value this year.
Councilmember Billings noted that Mr. Wellner indicated he tried to market his property in 1998
and asked at what price he had marketed the property. Mr. Wellner stated that they tried to
market the property at $83,500, but it did not sell. In the past five months he did a tremendous
amount of work on the property. The transaction, which took place in February, was a far greater
indication of the value than based on a comparable.
Councilmember Billings suggested that Mr. Wellner be prepared to provide proof that the value
of the property was less than what has been assessed if in fact he would like to have the value
reduced.
MOTION by Councilmember Barnette to continue the Board of Review to the April 26, 1999
meeting. Seconded by Councilmember Wolfe.
UPON A VOICE VOTE, ALL MEMBERS VOTING AYE, MAYOR JORGENSON
DECLARED THE MOTION CARRIED UNANIMOUSLY.
CITY COUNCIL MEETING:
APPROVAL OF MINUTES:
Re�ular Citv Council Meetin� of March 22, 1999:
Councilmember Barnette noted an error on Page 1 under Approval of Minutes. The motion
should be changed to read "MOTION by Councilmember Wolfe to amend the March 1, 1999
minutes to close the public hearing for Special Use Permit SP, #97-07. Seconded by
Councilmember Barnette."
MOTION by Councilmember Barnette to approve the minutes of the March 22, 1999 regular City
Council meeting AS AMENDED. Seconded by Councilmember Bolkcom.
UPON A VOICE VOTE, ALL MEMBERS VOTING AYE, MAYOR JORGENSON
DECLARED THE MOTION CARRIED UNANIMOUSLY.
APPROVAL OF PROPOSED CONSENT AGENDA:
OLD BUSINESS:
FRIDLEY CITY COUNCIL MEETING MINUTES OF APRIL 12, 1999 PAGE 3
2. ORDINANCE NO. 1123 RECODIFYING THE FRIDLEY CITY CODE,
CHAPTER 206, ENTITLED `BUILDING CODE", BY AMENDING SECTIONS
206.01.02, 206.01.03, 206.03.01, 206.03.03, 206.04, 206.05.01, AND 206.07.12:
: � I�
3. APPROVAL OFFICIAL TITLE AND SUMMARY ORDINANCE:
Mr. Burns, City Manager, explained that the first reading of these amendments occurred
on March 22, 1999. This legislation updates the building code by adopting the most
recent versions of the Minnesota State Building Code and the Uniform Building Code.
ORDINANCE RECODIFYING THE FRIDLEY CITY CODE, CHAPTER 206,
ENTITLED `BUILDING CODE," BY AMENDING SECTIONS 206.01.02,
206.01.03, 206.03.01, 206.03.03, 206.04, 206.05.01, AND 206.07.12.
and
APPROVED OFFICIAL TITLE AND SUMMARY ORDINANCE.
4. RECEIVE THE MINUTES OF THE PLANNING COMMISSION MEETING OF
MARCH 17, 1999:
RECEIVED THE MINUTES OF THE PLANNING COMMISSION MEETING OF
MARCH 17, 1999.
5. SPECIAL USE PERMIT REQUEST, SP #99-03, BY TOTINO-GRACE HIGH
SCHOOL, TO ALLOW A RUNNING TRACK AND ASSOCIATED AMENITIES
TO BE RECONSTRUCTED IN A R-1 DISTRICT, GENERALLY LOCATED AT
1350 GARDENA AVENUE N.E. (WARD 2):
Mr. Burns, City Manager, explained that the March 17 Planning Commission approved
this request with three stipulations. Staff recommended Council approval.
APPROVED SPECIAL USE PERMIT REQUEST, SP #99-03, BY TOTINO-
GRACE HIGH SCHOOL TO ALLOW A RUNNING TRACK AND ASSOCIATED
AMENITIES TO BE RECONSTRUCTED IN A R-1 DISTRICT, GENERALLY
LOCATED AT 1350 GARDENA AVENUE N.E., WITH THE FOLLOWING
STIPULATIONS: 1) THE PETITIONER SHALL CONTROL DUST DURING
EXCAVATION BY WATERING THE DISTURBED SOIL AREAS AS DEEMED
NECESSARY BY THE CITY; 2) ALL ELEMENTS OF THIS PROJECT SHALL
BE HANDICAP ACCESSIBLE IN ACCORDANCE WITH CHAPTER 11 OF THE
1994 AND 1997 UNIFROM BUILDING CODE; AND 3) SILT FENCE MUST BE
PROPERLY PLACED AND MAINTAINED DURING CONSTRUCTION TO
PROTECT AGAINST RUN-OFF.
6. APPROVE COOPERATIVE AGREEMENT BETWEEN UPPER MISSISSIPPI
RIVER AMERICAN RIVER HERITAGE COMMUNITES:
FRIDLEY CITY COUNCIL MEETING MINUTES OF APRIL 12, 1999 PAGE 4
Mr. Burns, City Manager, explained that by participating in this agreement, the City
agreed to work with local, state and federal partners on redevelopment projects that serve
social, economic and environmental needs. As a participant, the City will gain access to
federal resources for restoring and protecting the river front.
APPROVED COOPERATIVE AGREEMENT BETWEEN UPPER MISSISSIPPI
RIVER AMERICAN RIVER HERITAGE COMMUNITIES.
7. RESOLUTION NO. 25-1999 AUTHORIZING APPLICATION TO THE
DEPARTMENT OF TRADE AND ECONOMIC DEVELOPMENT FOR
CONTAMINATION CLEANUP FUNDS (ONAN AND MURPHY WAREHOUSE,
CENTRAL AVENUE AND 73� AVENUE (WARD 2):
Mr. Burns, City Manager, explained that staff was asking that the City sponsor an
application to DTED for cleanup funds on behalf of Murphy Warehouse. The cleanup is
for an area on Onan property at the site of a planned 406,164 square foot warehouse. The
amount of cleanup funds requested was $717,105. Murphy Warehouse would pay a local
match of $84,377. He noted that this was one of two grant applications being sought for
this particular project.
THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA AND PLACED
ON THE REGULAR COUNCIL AGENDA, IMMEDIATELY FOLLOWING THE
OPEN FORUM.
8. RESOLUTION NO. 26-1999, AUTHORIZING APPLICATION FOR THE TAX
BASE REVITALIZATION ACCOUNT (ONAN AND MURPHY WAREHOUSE,
CENTRAL AVENUE AND 73� AVENUE (WARD 2):
Mr. Burns, City Manager, explained that this was a companion resolution to the previous
item. Through it, the City was requesting $154,658 from the Metropolitan Council for
clean up costs associated with the Onan/Murphy project.
THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA AND PLACED
ON THE REGULAR COUNCIL AGENDA, IMMEDIATELY FOLLOWING
DISCUSSION ON ITEM 7.
9. RESOLUTION NO. 27-1999, APPROVING A PLAT, P.S. #98-04, BY N. G.
NELSON, ONAN CORPORATION, TO REPLAT PROPERTY TO
ACCOMMODATE THE DEVELOPMENT OF A WAREHOUSING FACILITY,
GENERALLY LOCATED AT 1400 73� AVENUE N.E. (WARD 2):
Mr. Burns, City Manager, explained that this resolution was a follow-up to legislation
which was considered by Council in February. The stipulation in the earlier replat
required the combination of Outlot A with Lot 1. Since Anoka County will not accept this
consolidation, staff recommended deletion of this stipulation.
FRIDLEY CITY COUNCIL MEETING MINUTES OF APRIL 12, 1999 PAGE 5
THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA AND PLACED
ON THE REGULAR COUNCIL AGENDA, IMMEDIATELY FOLLOWING
DISCUSSION OF ITEM 8.
FRIDLEY CITY COUNCIL MEETING MINUTES OF APRIL 12, 1999 PAGE 6
10. RESOLUTION NO. 27-1999 TO RELEASE THE PROPERTY LOCATED AT
LOT 1, BLOCK 2, SPRINGBROOK APARTMENTS AT NORTHTOWN FROM
COMPLIANCE WITH STIPULATIONS ERRONEOUSLY RECORDED
AGAINST THE PROPERTY (WARD 3):
Mr. Burns, City Manager, stated that staff has been advised of a recording error pertaining
to the Northwest Orthopedic Surgeons Clinic property. The City has also received a
request from Chicago Title asking that a resolution be adopted releasing the Northwest
Orthopedic Clinic from compliance with the stipulations. After review of the matter, staff
recommended that Council acknowledge the error and agree to release Lot 1, Block 2,
Springbrook Apartments at Northtown. The stipulations would be filed against Lot 2,
Block 1 as they should originally have been filed.
APPROVED ADOPTION OF RESOLUTION NO. 27-1999 TO RELEASE THE
PROPERTY LOCATED AT LOT 1, BLOCK 2, SPRINGBROOK APARTMENTS
AT NORTHTOWN FROM COMPLIANCE WITH STIPULATIONS
ERRONEOUSLY RECORDED AGAINST THE PROPERTY.
11. APPROVE CHANGE ORDER NO. 1 FOR THE RIVERVIEW HEIGHTS AREA
STREET IMPROVEMENT PROJECT NO. ST. 1999-1:
Mr. Burns, City Manager, explained that this change order would provide for the removal
and replacement of the water main along Riverview Terrace. It was located at a depth
below 10 feet which makes it necessary to hire an outside contractor for repairs. Staff
recommended that the water main be raised while reconstructing the street this summer.
The cost of the change order was $78,295 and would be payable to Park Construction.
He noted that this change order could be accommodated without exceeding the original
project estimate.
APPROVED CHANGE ORDER NO. 1 FOR THE RIVERVIEW HEIGHTS AREA
STREET IMPROVEMENT PROJECT NO. ST. 1999-1.
12. RESOLUTION NO. 28-1999 FOR THE DISSOLUTION OF THE "HAZARDOUS
MATERIALS RESPONSE VEHICLE" JOINT POWERS AGREEMENT
BETWEEN THE CITIES OF FRIDLEY, COLUMBIA HEIGHTS, ST. ANTHONY,
COON RAPIDS, AND THE SPRING LAKE PARK, BLAINE, MOUNDS VIEW
FIRE DEPARTMENT:
Mr. Burns, City Manager, stated that by the terms of this dissolution, the City would join
the other Fire Departments in abandoning a 1987 agreement that provided for the joint
equipping and operation of a hazardous materials vehicle. This decision to dissolve was
based on the recognition that the vehicle (a 1971 step van) is no longer needed and was
too old to provide reliable service. The vehicle was being transferred from the Fridley Fire
Department to the Spring Lake Park, Blaine, Mounds View Fire Department.
APPROVED ADOPTION OF RESOLUTION NO. 28-1999 FOR THE
DISSOLUTION OF THE "HAZARDOUS MATERIALS RESPONSE VEHICLE"
JOINT POWERS AGREEMENT BETWEEN THE CITIES OF FRIDLEY,
FRIDLEY CITY COUNCIL MEETING MINUTES OF APRIL 12, 1999 PAGE 7
COLUMBIA HEIGHTS, ST. ANTHONY, COON RAPIDS, AND THE SPRING
LAKE PARK, BLAINE, MOUNDS VIEW FIRE DEPARTMENT.
13. CLAIMS:
APPROVED PAYMENT OF CLAIM NOS. 86304 THROUGH 86639.
14. LICENSES:
APPROVED LICENSES AS SUBMITTED.
15. ESTIMATES:
APPROVED ESTIMATES AS FOLLOWS:
Frederic W. Knaak, Esq.
Holstad and Knaak, PLC
3535 Vadnais Center Drive
St. Paul, MN 55110
Services Rendered as City Attorney
For the Month of March, 1999 $5,129.00
Councilmember Bolkcom requested that Items 7, 8 and 9 be removed from the consent agenda.
MOTION by Councilmember Bolkcom to approve the consent agenda without Items 7, 8 and 9.
Seconded by Councilmember Barnette.
UPON A VOICE VOTE, ALL MEMBERS VOTING AYE, MAYOR JORGENSON
DECLARED THE MOTION CARRIED UNANIMOUSLY.
ADOPTION OF AGENDA:
Mayor Jorgenson noted that Items 7, 8 and 9 would be placed on the regular agenda immediately
following the Open Forum.
Councilmember Bolkcom asked that Item 9(a) also be added to the agenda, Approval of
Appointments to the Environmental Quality and Energy Commission.
MOTION by Councilmember Bolkcom to approve the adoption of the Agenda AS AMENDED.
Seconded by Councilmember Wolfe.
UPON A VOICE VOTE, ALL MEMBERS VOTING AYE, MAYOR JORGENSON
DECLARED THE MOTION CARRIED UNANIMOUSLY.
OPEN FORUM, (VISITORS):
FRIDLEY CITY COUNCIL MEETING MINUTES OF APRIL 12, 1999 PAGE 8
Mayor Jorgenson explained that this was the time set aside for residents to speak about issues not
on the agenda.
Larry Hutchinson, Board member of Channel 33 E.T.C., stated that he had some vendor-related
questions, which he would like to ask about the public access RFP. Mr. Burns noted that these
questions should be addressed to staff members who were not in attendance at the meeting.
Mr. Hutchinson stated that he would still like to ask the questions so that Council was aware of
what items he would like clarified.
Mr. Hutchinson stated that he would like to have the following questions answered for those who
may be interested in responding to the RFP:
1) Does the City intend to cover some of the expenses for the vendor such as payroll, phones,
etc.?
2) With Community Outreach being a high priority for the city, will they help to support this by
assisting with postage for mailings or advertising in Focus News?
3) Who will the vendor answer to directly?
4) Will the entity be given control of keys and access codes to the facility?
5) If a legal issue should occur and the entity providing public access was sued for not allowing
some type of programming on the air, who will pay for legal costs? Will the City offer some
legal support?
6) What will be proper protocol in regard to communications between the entity and the City?
It was noted that the RFP would be going back before the Cable Television and
Telecommunications Advisory Commission for review and consideration at a special meeting on
April 20, 1999. If Mr. Hutchinson wished to attend that meeting to voice these concerns and
have his questions addressed, he may do so.
7. RESOLUTION NO. 25-1999, AUTHORIZING APPLICATION TO THE
DEPARTMENT OF TRADE AND ECONOMIC DEVELOMENT FOR
CONTAMINATION CLEAN UP FUNDS (ONAN AND MURPHY WAREHOUSE,
CENTRAL AVENUE AND 73� AVENUE):
8. RESOLUTION AUTHORIZING APPLICATION FOR THE TAX BASE
REVITALIZATION ACCOUNT (ONAN AND MURPHY WAREHOUSE,
CENTRAL AVENUE AND 73� AVENUE (WARD 2):
9. RESOLUTION NO. 27-1999, APPROVING A PLAT, P.S. #98-04, BY N. G.
NELSON, ONAN CORPORATION, TO REPLAT PROPERTY TO
ACCOMMODATE THE DEVELOPMENT OF A WAREHOUSING FACILITY,
GENERALLY LOCATED AT 1400 73� AVENUE N.E. (WARD 2):
Mr. Brian Amundsen, 3048 Woodale Drive, Mounds View, stated that he was present along with
several other Mounds View residents to ask Council to issue a"stop work order" on the
Onan/Nlurphy project. He did not believe the full spirit of the law in terms of public comment and
review by the affected properties has been carried out.
Mr. Amundsen stated that his property abuts the Onan property on the east side. Today he
witnessed a number of trees and brush being removed from the Onan property. As a resident
FRIDLEY CITY COUNCIL MEETING MINUTES OF APRIL 12, 1999 PAGE 9
whose property abuts the subject property, he was not ever notified of the proposed
improvements. In the past, when Onan has applied for special use permits, the affected residents
in Mounds View were always notified. He noted that one of his concerns was that some of the
trailers on the Onan property were not being parked on paved surfaces, which is a requirement.
He believed that the residents should have been notified so that they could have reviewed the
project and offered feedback on the development.
Mayor 7orgenson noted that the notice of public hearing was published in Focus News; however,
it may be that the same publication did not go out to some of the affected area (i.e. Mounds
View). She noted that Ms. Dacy spoke with Ms. Amundsen earlier, and staff tried to determine
where the communication lapse took place. Staff believed that a letter was sent to the City of
Mounds View; however, staff at Mounds View claims that they never received it.
Mr. Amundsen stated that to date he has not received any information about this development.
As a resident, his major concerns related to safety in the area. The traffic along 69t'` Avenue and
County Road H tends to travel above the posted speeds. With Sunnyside Elementary School at
Sunnyside Road and County Road H, there was concern for the elementary students in the area.
He was also concerned about how the green space would be treated between the industrial area
and residential area. He asked why the same process that was used to notify the residents of the
special use permits for Onan, was not used this time.
Ms. Dacy, Community Development Director, acknowledged that there was indeed a breakdown
in communication which she apologized for. She stated that staff would be happy to meet with
residents at a special neighborhood meeting within the ne�t seven to ten days to address the issues
and questions raised by residents. It would also be helpful to have a representative of Murphy
Warehouse present at that meeting to address some of the safety concerns raised by residents.
She stated she would take appropriate action with regard to the trailers that were not parked on a
paved surface, if it is required per the license.
With regard to the City's compliance with legal requirements, Ms. Dacy stated she believed that
the City had complied with the legal requirements of the law regarding the subdivision ordinance.
A notice of public hearing was published in Focus News, which is the official publication for
Fridley. Additionally, staff notified the affected residents of Fridley. She noted that the State
Statutes say that failure of a resident to receive notice shall not negate the validity of the public
hearing. The City's intent was to notify all affected property owners; however, in this case, the
letter was never received.
Ms. Dacy explained that the cleanup funds which the City is making application for would correct
and improve the soil so that the land is buildable, thus making the property into a taxable parcel.
She believed that the Rice Creek Watershed District reviewed the plans and that Onan/Murphy
Warehouse had obtained their approval. She further stated she that believed Onan had obtained
the grading permit from the Engineering Division.
Councilmember Bolkcom asked Mr. Knaak, City Attorney, if Council could legally stop any
further action on the property until the residents have had an opportunity to meet with staff and
have their questions and concerns addressed. Mr. Knaak responded that the State Statute
requires that affected residents be individually notified, but specifically states that failure to do so
FRIDLEY CITY COUNCIL MEETING MINUTES OF APRIL 12, 1999 PAGE 10
was not a defect in the subsequent hearing, and it would not render the hearing invalid.
Therefore, the City has complied with all of the requirements for the public hearing.
Mayor Jorgenson stated that she was concerned about the thoughts and concerns of all affected
property owners, not just those in Fridley. However, stopping any further action on this property
could put the City at risk for possible legal action as all of the requirements have been met.
Ms. Dacy stated that staff's recommendation was that Council approve the resolutions with a
stipulation that additional right of way be created on the mylars. Councilmember Billings stated
that he would be much more comfortable seeing the mylars in their final form with the right of
way as it is supposed to be before approving the plat.
MOTION by Councilmember Billings to table the resolution approving Plat, PS-98-04, by N. G.
Nelson, Onan Corporation, to Replat Property to Accommodate the Development of a
Warehousing Facility, Generally Located at 1400-73rd Avenue N.E., until the April 26, 1999 City
Council meeting. Seconded by Councilmember Bolkcom.
UPON A VOICE VOTE, ALL MEMBERS VOTING AYE, MAYOR JORGENSON
DECLARED THE MOTION CARRIED UNANIMOUSLY.
Councilmember Billings asked Ms. Dacy what rights or obligations the City has to prevent
someone from removing trees and doing grading work on their property.
Ms. Dacy stated that the City does not have the authority to prevent a property owner from
removing trees on his property. Grading/excavating work does require a land alteration permit,
which she believes Onan had made an application for.
Mr. Roger Adair, 3049 County Road H, stated that trees had been removed from the subject
property within two feet of his property line. Many years ago when he built his home, a question
was raised as to who a 25 foot strip of property directly behind him even belonged to. He
wondered how it ended up being part of the Onan property.
Mr. Knaak, City Attorney, stated that he had not heard this issue raised at all during the entire
platting process. Ms. Dacy stated that a plat was the best instrument used to identify boundaries
of properties. She presented a diagram of the subject area.
Mr. Adair stated that at the time of the dispute, Onan did not claim to own the property, and it
was not included in their title. He noted that the Onan sign was placed twenty to thirty feet away
from his property line, which would not have been done if that was indeed Onan property.
Mr. Knaak stated that Council must rely on the information from the registered plat, which was
completed by a registered surveyor. He suggested that Mr. Adair hire his own surveyor if he had
a dispute over the location of the property line.
Mayor Jorgenson apologized to the Mounds View residents for failing to accomplish the City's
intent to notify all affected property owners.
FRIDLEY CITY COUNCIL MEETING MINUTES OF APRIL 12, 1999 PAGE 11
MOTION by Councilmember Bolkcom to approve the adoption of Resolution No. 25-1999, (as
found on page 7.02 of the agenda), Authorizing Application to the Department of Trade and
Economic Development for Contamination Clean up Funds (Onan and Murphy Warehouse,
Central Avenue and 73rd Avenue). Seconded by Councilmember Billings.
UPON A VOICE VOTE, FOUR MEMBERS VOTING AYE AND ONE ABSTENTION
(MAYOR JORGENSON), MAYOR JORGENSON DECLARED THE MOTION
CARRIED.
MOTION by Councilmember Bolkcom to approve the adoption of Resolution No. ?? - 1999 as
found on Page 8.02 of the agenda, Authorizing Application for the Tax Base Revitalization
Account (Onan and Murphy Warehouse, Central Avenue and 73rd Avenue). Seconded by
Councilmember Wolfe.
UPON A VOICE VOTE, FOUR MEMBERS VOTING AYE AND ONE ABSTENTION
(MAYOR JORGENSON), MAYOR JORGENSON DECLARED THE MOTION
CARRIED.
9.(A). APPOINTMENTS TO THE ENVIRONMENTAL QUALITY AND ENERGY
COMMISSION:
MOTION by Councilmember Bolkcom to approve the appointments of Barbara 7ohns and
Michelle McCulloch Maher to the Environmental Quality and Energy Commission for a term of
two years, expiring on April 1, 2001. Seconded by Councilmember Wolfe.
Councilmember Bolkcom noted that several attempts were also made to contact a third applicant,
but staff was unable to reach her.
UPON A VOICE VOTE, ALL MEMBERS VOTING AYE, MAYOR JORGENSON
DECLARED THE MOTION CARRIED UNANIMOUSLY.
PUBLIC HEARINGS:
16. ORDINANCE AMENDING THE CITY CODE OF THE CITY OF FRIDLEY,
MINNESOTA, TO REPEAL CHAPTER 404, ENTITLED "GAS FRANCHISE"
AND ADOPT A NEW CHAPTER 404, ENTITLED "GAS FRANCHISE:"
MOTION by Councilmember Bolkcom to open the public hearing at 9:10 p.m. Seconded by
Councilmember Barnette.
UPON A VOICE VOTE, ALL MEMBERS VOTING AYE, MAYOR JORGENSON
DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE PUBLIC
HEARING WAS OPENED AT 9:10 P.M.
Mr. Burns, City Manager, explained that staff has had numerous meetings with 7ohn Theis and
Harold Bagley of Northern States Power (NSP) and with Al Swintek of Minnegasco to negotiate
the terms of a new franchise with both of these utilities. The meetings have resulted in a new
franchise agreement. Mr. Burns briefly outlined the various terms of the agreements.
FRIDLEY CITY COUNCIL MEETING MINUTES OF APRIL 12, 1999 PAGE 12
Mr. Al Swintek, Reliant Energy Minnegasco, was present to address any questions that Council
had. He noted that they were very comfortable with the document.
There were no questions or comments from the public.
MOTION by Councilmember Bolkcom to close the public hearing at 9:30 p.m. Seconded by
Councilmember Billings.
UPON A VOICE VOTE, ALL MEMBERS VOTING AYE, MAYOR JORGENSON
DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE PUBLIC
HEARING WAS CLOSED AT 9:30 P.M.
17. ORDINANCE AMENDING THE CITY CODE OF THE CITY OF FRIDLEY,
MINNESOTA TO INCLUDE A NEW CHAPTER 408, ENTITLED "ELECTRIC
FRANCHISE:"
MOTION by Councilmember Billings to open the public hearing at 9:31 p.m. Seconded by
Councilmember Barnette.
UPON A VOICE VOTE, ALL MEMBERS VOTING AYE, MAYOR JORGENSON
DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE PUBLIC
HEARING WAS OPENED AT 9:31 P.M.
Mr. Burns noted that the information about this ordinance had been provided at the same time as
Item 16.
Mr. John Theis, NSP, was present to address any questions or concerns from Council or the
public. There were no questions or comments.
MOTION by Councilmember Billings to close the public hearing at 9:32 p.m. Seconded by
Councilmember Bolkcom.
UPON A VOICE VOTE, ALL MEMBERS VOTING AYE, MAYOR JORGENSON
DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE PUBLIC
HEARING WAS CLOSED AT 9:32 P.M.
NEW BUSINESS:
18. RESOLUTION NO. 29-1999 ADOPTING A FINAL ALTERNATIVE URBAN
AREAWIDE REVIEW ENVIRONMENTAL ANALYSIS DOCUMENT AND
MITIGATION PLAN FOR THE MEDTRONIC INC. CAMPUS (FRIDLEY LAKE
POINTE CENTER) AT THE NORTHWEST CORNER OF I-694 AND HIGHWAY
65 (WARD 1):
Ms. Dacy, Community Development Director, stated that she was pleased to present a resolution
adopting the final AUAR and Mitigation Plan by the City of Fridley for the Medtronic Corporate
Campus for Council approvaL Ms. Dacy noted that the AUAR (Alternative Urban Areawide
FRIDLEY CITY COUNCIL MEETING MINUTES OF APRIL 12, 1999 PAGE 13
Review) is an alternative form of environmental review. It evaluated a variety of environmental
issues for a specific area of the community. The mitigation plan was a section of the document,
that identified mitigation measures that are designed to avoid or reduce the environmental impact.
State law prescribes the AUAR process, and the City was the Responsible Governmental Unit to
oversee the process. The City is also responsible for adoption of the final AUAR and mitigation
plan. Ms. Dacy noted that consultants were hired to act as the City's environmental legal counsel,
to review a traffic analysis performed by SRF Consulting Group, and to review the noise and air
quality analysis.
The draft AUAR was distributed to a list of agencies and libraries as required by the State law.
Additionally, a public informational meeting was held on February 4, 1999. The EQEC reviewed
the draft AUAR on January 19, and the Planning Commission reviewed it on February 3. It was
also sent to a number of agencies for their comments. After the comment period ended on
February 10, 1999, there were changes made to the draft which Ms. Dacy outlined in a
memorandum included in the agenda packet.
The Mitigation Plan identified areas where there could be potential impact. The law requires that
these measures be identified to avoid or reduce the environmental impact. Six areas were
identified — traffic, surface water, wastewater, air quality, noise and trails. Ms. Dacy briefly
summarized the means by which these impacts could be avoided or lessened.
Ms. Dacy noted that she failed to include Exhibit A, which identifies the study area in the agenda
packet. Additionally, a letter from the Minnesota Department of Transportation was received
well after the comment period ended. However, Ms. Dacy stated that she would like to have this
letter received into the record. Ms. Dacy noted that Mr. Don Hagmann of Medtronic was in the
audience to answer any questions that Council may have.
Councilmember Billings noted that the AUAR refers to traffic patterns on the site and in the
adjacent neighborhoods. The major issues addressed by the Planning Commission were in regard
to the potential connection between Jackson Street and Quincy Street on what is currently Carrie
Lane and how it should be resolved. This was of concern to him as well. Some of the area
residents were particularly concerned about screening. He received telephone calls about the
potential means that traffic may be using to get in and out of the neighborhood. The residents on
58t'` Avenue and Madison Streets were concerned, as they may be outside the 350-foot notice
area. Yet, their neighborhoods may be greatly impacted by traffic. He asked that staff be
prepared to examine how both the screening and the connection may be accomplished examining
all reasonable possibilities.
Mayor Jorgenson stated that she also has received telephone calls from residents outside the
notification area.
Councilmember Bolkcom asked if all potential residents can be notified of the April 26 meeting
rather than just the immediate neighborhood. Ms. Dacy stated that this could be done.
MOTION by Councilmember Barnette to receive the letter from the Minnesota Department of
Transportation, dated March 16, 1999. Seconded by Councilmember Wolfe.
FRIDLEY CITY COUNCIL MEETING MINUTES OF APRIL 12, 1999 PAGE 14
UPON A VOICE VOTE, ALL MEMBERS VOTING AYE, MAJOR JORGENSON
DECLARED THE MOTION CARRIED UNANIMOUSLY.
MOTION by Councilmember Billings to approve the adoption of Resolution No. 29-1999,
Adopting a Final Alternative Urban Area-Wide Review Environmental Analysis Document and
Mitigation Plan for the Medtronic Inc. Campus (Fridley Lake Pointe Center) at the Northwest
Corner of I-694 and Highway 65, including Exhibit A which depicts the area of the study.
Seconded by Councilmember Bolkcom.
UPON A VOICE VOTE, ALL MEMBERS VOTING AYE, MAYOR JORGENSON
DECLARED THE MOTION CARRIED UANIMOUSLY.
Mr. Burns took this opportunity to commend Ms. Dacy and her staff for their outstanding work
on this project.
19. INFORMAL STATUS REPORTS:
Councilmember Bolkcom reminded residents that the Riverview Heights construction project
would begin soon. The construction company would be notifying the residents.
Councilmember also noted that additiona150t'` Anniversary Booklets were still available at various
locations throughout the City for those who have not yet received one.
Mayor Jorgenson reminded residents of the lasagna dinner being sponsored by the Fridley
Historical Society on April 17. Reservations and tickets are available by contacting the Fridley
Historical Society.
ADJOURN:
MOTION by Councilmember Barnette to adjourn the meeting at 9:50 p.m. Seconded by
Councilmember Bolkcom.
UPON A VOICE VOTE, ALL MEMBERS VOTING AYE, MAYOR JORGENSON
DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE APRIL 12, 1999
MEETING OF THE CITY COUNCIL WAS ADJOURNED AT 9:50 P.M.
Respectfully submitted,
Tamara D. Saefke Nancy J. Jorgenson
Recording Secretary Mayor