04/10/2000 - 00008460THE MINUTES OF THE REGULAR MEETING OF THE FRIDLEY CITY COUNCIL
OF APRIL 10, 2000
The Regular Meeting of the Fridley City Council was called to order by Mayor Jorgenson at
7:02 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 7orgenson, Councilmember Barnette, Councilmember
Billings, and Councilmember Bolkcom
MEMBERS ABSENT: None
STATEMENT OF MEETING CONDUCT:
Please be reminded that those present at today's meeting may hold a variety of views and opinions
regarding the business to be conducted. The exercise of democracy through representative local
government requires that ALL points of view be accommodated at these proceedings. It is
further expected that a standard of mutual courtesy and respectfulness be exercised by all in
attendance, through our individual expression, manner of speaking, and conduct. Therefore,
please receive the views of other with the same degree of courtesy and respect which you desire
to be given your views and opinions. Any departures from this standard will be addressed by the
Presiding Officer through whatever means are deemed appropriate. Thank you for your
attendance at today's meeting, and your agreement to abide by these standards of personal
conduct.
BOARD OF REVIEW MEETING:
MOTION by Councilmember Bolkcom to open the Board of Review at 7:00 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 7:02 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.
There were no questions or comments from the public.
MOTION by Councilmember Barnette to close the Board of Review Meeting. Seconded by
Councilmember Bolkcom.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR JORGENSON DECLARED THE
MOTION CARRIED UNANIMOUSLY AND THE BOARD OF REVIEW MEETING
WAS CLOSED AT 7:20 P.M.
PROCLAMATION:
Davs of Remembrance of the Victims of the Holocaust: Abri130 - Mav 7_ 2000
Mayor Jorgenson stated that April 30 - May 7, 2000, was to be proclaimed as the Days of
Remembrance of the Victims of the Holocaust. This includes the International Day of
Remembrance known as Yom Hoshoah, May 2.
Mr. Burns, City Manager, stated that Council could wait to continue the consent agenda until the
regular meeting starting time at 7:30 p.m.
Mayor Jorgenson stated that they could look at any informal status reports.
Mr. Burns stated that he does not have any informal status reports.
Councilmember Bolkcom asked Mr. Flora, Public Works Director, if a letter was mailed to
residents and businesses regarding the upcoming noise wall meeting.
Mr. Flora stated that the notification had not been mailed yet.
Councilmember Bolkcom asked if MnDOT would be sending out a letter.
Mr. Flora stated that MnDOT sends out the letter. He currently was waiting for a return
telephone call.
Mayor 7orgenson asked about the meeting with MnDOT regarding the noise wall.
Councilmember Bolkcom stated that on April 18 there would be another meeting at 7:00 p.m. in
the lower level of the Municipal Center in relation to the sound barrier. MnDOT will be there to
answer questions about the fence in the area by the sound barrier.
Mr. Flora stated that there are a number of utilities along the fence line. They decided to move
the wall eastward (closer to the highway) leaving residents or businesses a space between the wall
and the fence up to fifteen feet. MnDOT proposed to remove the rear yard fence line to allow the
residents or businesses access for space up to the wall.
Councilmember Bolkcom stated that it will actually give them more room.
Mr. Flora stated that it will give residents a little bigger back yard.
THE APRIL 10, 2000 MINUTES OF THE FRIDLEY CITY COUNCIL PAGE 3
Councilmember Barnette stated that it answers the question. It makes sense to take the fence out.
Mayor 7orgenson stated that the existing chain link fence on the west side up through University
Avenue along the Fridley border to I-694 would be removed, and a wood fence would be put in
as a sound barrier.
Mr. Flora stated that he understood that the cyclone fence along University Avenue would be
removed and a wall would be put up that is fifteen feet high. There would only be a wall, not the
fence.
Councilmember Wolfe asked how much closer to University Avenue the fence would be.
Mr. Flora stated that it would be about fifteen feet closer to University Avenue.
Councilmember Wolfe asked if the neighbors would be allowed to use that space.
Mr. Flora stated that there are gas and electric lines in that area. Use of the land would be fine if
it did not interfere with the utilities.
Mr. Hickok stated that the City had an excellent turnout at the home improvement show. This
year' show was at the Mounds View Community Center. They had not only remodeling
information but recycling information as well. A great number of people stopped and talked to
them and picked up information on recycling and remodeling. The home improvement show is
held each year in the spring. Mr. Hickok said Ryan Jendro, HRA Home Remodeling Advisor,
encouraged anyone thinking of doing a remodeling project at home to call him at 572-3515.
APPROVAL OF MINUTES:
City Council Meetin� of March 15, 2000
Mayor Jorgenson stated that on page 13, the first sentence should state that "Mayor Jorgenson
stated that a wheelchair would be hard pressed to get into some of the places with the step up to
the sidewalk" versus Councilmember Bolkcom making that statement.
APPROVED CITY COUNCIL MEETING MINUTES OF MARCH 15, 2000 AS
AMENDED.
OLD BUSINESS:
1. ORDINANCE NO. 1138 AMENDING SECTIONS 205.13, 205.14, 205.15, 205.16
OF THE FRIDLEY CITY CODE PERTAINING TO ACCESSORY USES, AND
SECTION 11.10 PERTAINING TO FEES (ZONING TEXT AMENDMENT ZTA
#99-02, BY THE CITY OF FRIDLEY):
THE APRIL 10, 2000 MINUTES OF THE FRIDLEY CITY COUNCIL PAGE 4
Mr. Burns, City Manager, stated that the ordinance makes two changes in the outdoor
storage requirements for service stations/convenience stores. First, the owners and
managers of these establishments may now store products within four feet of the front of
their buildings on a permanent basis. The current ordinance provides only for "temporary"
e�terior storage with no definition of temporary. The second change relates to storage at
the fuel pumps. The new language does not allow the storage of products between fuel
pumps. The ordinance also allows for storage of up to 20 pound propane tanks in a
manner that is consistent with the City's Fire Code. Staff recommended Council's
approval.
WAIVEED THE READ AND ADOPTED ORDINANCE NO. 1138 ON THE
SECOND READING AND ORDERD PUBLICATION.
APPROVED OFFICIAL TITLE AND SUMMARY ORDINANCE.
NEW BUSINESS:
2. RECEIVE THE MINUTES OF THE PLANNING COMMISSION MEETING OF
MARCH 15, 2000:
RECEIVED THE MINUTES OF THE PLANNING COMMISSION MEETING OF
MARCH 15, 2000.
3. SPECIAL USE PERMIT, SP #00-02, BY GARY AND SALLY BANNOCHIE, TO
ALLOW A RESIDENCE TO BE BUILT IN A RIVER PRESERVATION
DISTRICT, GENERALLY LOCATED AT 665 DOVER STREET N.E. (WARD 3):
Mr. Burns, City Manager, stated that the petitioners are asking for a special use permit to
construct a home in the Flood Fringe District at 665 Dover Street. There are no issues
with this project other than a stipulation that the petitioner plant five trees on the lot to
replace trees that they have removed. While the Planning Commission asked that the
stipulation requiring the trees be removed, they approved the special use permit at their
March 15 meeting. He asked that the original Stipulation No. 11 requiring five trees be
restored. If Council approved the special use permit it would be with the tree stipulation.
Staff recommended Council's approval.
THIS ITEM WAS REMOVED FROM THE PROPOSED CONSENT AGENDA
AND PLACED AFTER NUMBER 14 UNDER NEW BUSINESS.
4. EXTENSION OF A VARIANCE, VAR #99-03, BY SCOTT AND AMRIA ST.
ARNOLD, TO DECREASE THE REQUIRED FRONT YARD SETBACK FROM
35 FEET TO 28 FEET TO ALLOW THE CONSTRUCTION OF A 96 SQUARE
FOOT ENTRANCE FOYER, GENERALLY LOCATED AT 350 IRONTON
STREET N.E. (WARD 3):
THE APRIL 10, 2000 MINUTES OF THE FRIDLEY CITY COUNCIL PAGE 5
Mr. Burns, City Manager, stated that staff recommended that the variance be e�tended
one year to April 14, 2001. This variance would allow the construction of a 96 square
foot foyer.
APPROVED EXTENSION OF A VARIANCE, VAR#99-03.
5. RECEIVE BIDS AND AWARD CONTRACTS FOR THE 2000 PLAYGROUND
EQUIPMENT UPGRADES, PROJECT NO. 328:
Mr. Burns, City Manager, stated that this is the si�th and final year of the current
playground equipment upgrade program. Parks included in this year's program are:
Community, Flanery, Locke, Jubilee and Creekridge. Bids were opened on March 22.
Neighbors in the areas served by the parks were given an opportunity to review the
various proposals. The Parks and Recreation Commission subsequently considered citizen
input and recommended that the bids for all parks but Creekridge be awarded to Flanagan
Sales. These amounts come to a total of $113,000. The Commission also recommended
that the bid for Creekridge Park be awarded to Minnesota/Wisconsin Playgrounds, Inc. in
the amount of $21,000. Staffrecommended Council's approval.
THIS ITEM WAS REMOVED FROM THE PROPOSED CONSENT AGENDA
AND PLACED AFTER ITEM NO. 3 UNDER NEW BUSINESS.
6. RESOLUTION NO. 31-2000 PROVIDING FOR THE CHANGE IN CONTROL OF
A CABLE TELEVISION FRANCHISEE:
Mr. Burns, City Manager, stated that following the public hearing on March 20, 2000,
staff recommended that Council approve the transfer of ownership of our local cable
franchisee from Time Warner, Inc. to America Online, Inc. The City has been assured that
the transfer will have no adverse effect on cable service in Fridley.
ADOPTED RESOLUTION NO. 31-2000.
7. CLAIMS:
APPROVED PAYMENT OF CLAIM NUMBERS 92535 TROUGH 92847.
8. LICENSES:
APPROVED ALL LICENSES AS SUBMITTED.
9. ESTIMATES:
APPROVED ESTIMATES AS FOLLOWS:
Holstad and Knaak, P.L.C.
3535 Vadnais Center Drive
THE APRIL 10, 2000 MINUTES OF THE FRIDLEY CITY COUNCIL PAGE 6
St. Paul, MN 55110
Services rendered as City Attorney
for the Month of March, 2000 $ 5,000
THE APRIL 10, 2000 MINUTES OF THE FRIDLEY CITY COUNCIL PAGE 7
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 January, 2000 $ 19,463.00
Ron Kassa Construction
6005 - 250t'` Street East
Elko, MN 55020
Miscellaneous Concrete Curb and Gutter and
Sidewalk Repair Project No. 330
Estimate No. 1 $ 4,366.39
Councilmember Barnette asked Mr. Hickok that with respect to Item No. 1, if the service stations
can have salt in front of the building but not in between the pumps.
Mr. Hickok stated that was correct.
Councilmember Barnette asked that Item No. 3 be removed for discussion.
Councilmember Bolkcom stated that she would like Item No 3 to be removed also.
Mayor Jorgenson stated that she would like discussion on Item No. 5. Mayor Jorgenson also
asked Mr. Hickok to give an overview on the storage of the LP gas tanks.
Mr. Hickok stated that at the last meeting, staff was asked to look at the LP gas tanks on a site
and make a distinction, if necessary, in the ordinance about how stores would handle those. Staff
did an evaluation and found two of the large 250 gallon refillable propane operations at
convenience store/gas stations in the City. There are a number of convenience stores that have
the small displays that have the small 20 pound cylinders. The ordinance language allows the 20
pound cylinders in the exchange cages to be located on-site within the parameters of the City's
fire code. The existing refillable type tanks that are out there are considered pre-existing to this
ordinance. Any new tanks have to go through the special use permit process for storage on that
site. It seems that the industries' favorite option is the exchange tanks and the 20 pound
cylinders. Some of the operations cater to motor homes and larger vehicles. The focus will
probably be the 20 pound tanks.
Mayor Jorgenson asked Mr. Hickok if the stations would have to apply for a special use permit
for the cages.
Mr. Hickok stated that they would not. That would be handled administratively. The large
cylinders would come through the special use permit process.
THE APRIL 10, 2000 MINUTES OF THE FRIDLEY CITY COUNCIL PAGE 8
Mr. Hickok asked Mr. Burns if Item No. 1 approving Official Title and Summary Ordinance
would be discussed by the Council.
Mr. Burns stated that it was for outdoor storage. He apologized because he intended for this item
to be part of the consent agenda. It does not change the ordinance. It is an approval of the
publication of the Title and Summary.
APPROVAL OF PROPOSED CONSENT AGENDA:
MOTION by Councilmember Bolkcom to approve the proposed consent agenda with the
exception of Item Nos. 3 and 5 as presented. Seconded by Councilmember Barnette.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR JORGENSON DECLARED THE
MOTION CARRIED UNANIMOUSLY.
ADOPTION OF AGENDA:
MOTION by Councilmember Barnette, to adopt the agenda with the exception of Item Nos. 3
and 5. Seconded by Councilmember Bolkcom.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR JORGENSON DECLARED THE
MOTION CARRIED UNANIMOUSLY.
OPEN FORUM,VISITORS:
Mr. Donald Savelkoul, 916 West Moore Lake Drive, stated that he would like to present a
petition with signatures from 213 residents of Fridley petitioning the replacement of the
boardwalk of the dunes in Fridley.
MOTION by Councilmember Barnette to receive the petition from Mr. Savelkoul. Seconded by
Councilmember Wolfe.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR JORGENSON DECLARED THE
MOTION CARRIED UNANIMOUSLY.
Mr. Savelkoul stated that he appreciated the opportunity to meet with Mr. Burns. The dunes is
situated across the street from the Fridley High School. For many years there has been a
boardwalk in the dunes running from the north diagonally to the west for approximately 500
yards. The boardwalk went down to Moore Lake. The boardwalk has been torn out, and the
sign that was posted stated that there were no plans to replace it. There had not been any hearing
that he knows of on this question and no notice given or citizen input received.
Mr. Savelkoul stated that he felt that the consequences of this removal will include a drastic
reduction in the use of the dunes. Seniors, handicapped people, and people with small children
THE APRIL 10, 2000 MINUTES OF THE FRIDLEY CITY COUNCIL PAGE 9
will have problems visiting the dunes. The vegetation will overcome the path. The dunes will not
be able to e�st with constant trampling and disintegration of the vegetation. About two hundred
daycare children will no longer be taking frequent walks on the dunes because their shoes and
clothing will become soiled and muddy. They may even develop skin diseases. The petition
seems to conflict with some views of City administrative officials. This is unfortunate because the
City officials are competent, conscientious and hard-working. City officials do not necessarily
have the same viewpoint of the residents.
Mr. Savelkoul stated that they could not get the signatures of the two hundred daycare children,
their parents, high school students who use it to go canoeing and have classes there, or their
parents. This is used City-wide. The Youth Commission had the highest response for favoring
replacing the boardwalk. He was called today and told that the $40,000 that it would take to
replace the boardwalk is already in the approved year 2000 budget for an asphalt pathway. The
purposes of the original installation of the boardwalk should be fulfilled.
Mr. Burns stated that he appreciates Mr. Savelkoul's efforts and hard work with the petition. He
and Mr. Savelkoul talked about the boardwalk replacement as part of the City's parks capital
improvements project. It was recognized that it would cost $60,000 to replace the boardwalk and
the fence that was there. It was a decision that the City made to remove the boardwalk, place
some signing there, and give people a chance to tell the City whether they missed the boardwalk
or not. The boardwalk was taken out last fall and signs displayed that people could contact the
City with concerns. They received eighteen telephone calls. As part of the planning process, a
citizen survey was conducted and 20 percent of people stated that they used the dunes, while 73
percent stated that they did not. The survey stated that 25 percent stated that they felt the City
should spend $60,000 to replace the boardwalk "No" was the answer for 38 percent and 37
percent did not know. There are lot of park improvement that priorities far exceed the money,
and they need to take a very close look at the Dunes. Council will take the petition into
consideration.
Mayor Jorgenson stated that one of the reasons the boardwalk was removed was due to its poor
condition. The timbers underneath were rotting, and it started to become a legal liability for the
City.
Mr. Burns showed pictures of the deteriorating boardwalk with nails protruding, rotting wood,
and missing planks. The condition was really a liability for the taxpayers.
Mayor Jorgenson stated that they will be meeting with the Parks and Recreation Commission.
They will be going over the five year capital improvement plan for the City as a whole. There is a
question of limited resources, and a great deal of work is being requested to be done. She
thanked Mr. Savelkoul for his interest and in talking to the neighborhood. The Council takes his
interest very seriously, as the children and high school use this as welL Mayor 7orgenson thanked
Mr. Savelkoul for coming in.
Ms. Jerri Lynn, resident of Fridley Terrace Mobile Home Park, stated that she wanted to e�tend
some thanks to the Fire Department for arriving promptly at the fire in the mobile home park that
THE APRIL 10, 2000 MINUTES OF THE FRIDLEY CITY COUNCIL PAGE 10
occurred recently. They requested that residents remove the cars to clear the area for the fire
equipment and ensured everyone's safety. They were very professional and kept the fire from
spreading to other's homes. Ms. Lynn wanted to let everyone in Fridley know what a wonderful
job the Fire Department did. She has had discussions with several people in the Fridley Police
Department about different issues. Public Safety Director Dave Sallman, Deputy Public Safety
Director Gary Lenzmeier, Lieutenant Herb Zimmerman, and Patrol Officers Standal, Morse, and
Monsrud have listened carefully to her and responded with insightful answers. Fridley citizens are
lucky to have these individuals at our service. She also thanked Councilmember Barnette for
listening to her. She was very happy to be a resident of the City of Fridley.
Ms. Maria St. Arnold and Mr. Scott St. Arnold, 350 Ironton Street, stated that they have a
problem in their yard. They showed Councilmember Bolkcom their problem last fall. The
flooding of the creek that e�tends from the Springbrook Nature Center that goes through the back
of their yard is very e�ensive and is causing their yard to erode.
Mr. St. Arnold stated that they think that the housing development behind Springbrook may be
creating a lot of runoff .
Ms. St. Arnold stated that in the last couple of years it has gotten more intense.
The St. Arnolds brought pictures that showed the stages of the flooding water and erosion.
Mr. St. Arnold stated that he has tried to fix the retaining wall with fabric and rocks. The creek
used to be about 6 feet wide and now it is 10 feet wide.
Councilmember Bolkcom stated that she went over to their property and asked Mr. Flora for
clarification of what he and she talked about previously.
Mr. Flora stated that they talked about the work the St. Arnolds were doing on their bank to
stabilize the bank They discussed the issue with the St. Arnolds.
Ms. St. Arnold stated that they appreciate his visit but no matter how much work they are doing,
it is like putting toothpicks up. Although they are happy to do the work themselves, it is costing
them a lot of money.
Mr. St. Arnold stated that he does not mind finishing the landscaping himself, but the force of
water comes through no matter what he does.
Councilmember Bolkcom stated that the runoff off East River Road could have been improved
with the street improvements but it has not.
Mr. St. Arnold stated that they get a lot of pollution.
Ms. St. Arnold stated that the force of the water is upsetting the nests of the ducks, and it is very
heartbreaking listening to baby ducks separated from their mothers. There is also a lot of debris.
THE APRIL 10, 2000 MINUTES OF THE FRIDLEY CITY COUNCIL PAGE 11
Mr. St. Arnold stated that there are many kids on the block, and the water is a magnet. Sooner or
later one of those kids is going to slip and drown.
Mr. St. Arnold stated that maybe if there are holding ponds by Springbrook that would help.
Councilmember Bolkcom asked Mr. Flora if they could look into this further.
Mr. Flora stated that they already have a Springbrook Creek project identified. There are five
ponds upstream from their property, but there are a lot of drains with a lot of runoff.
Mayor Jorgenson asked if there was any way of undergrounding some of that water.
Mr. Flora stated that it is possible but very expensive.
Mayor Jorgenson stated that there was a similar project with Stonybrook Creek a couple of years
ago. That put the creek underground.
Mr. St. Arnold stated that they are not wanting to put the creek underground. They just want to
control some of the force that comes through.
Councilmember Bolkcom asked if there were any grants or loans the St. Arnolds could benefit
from. The biggest issue is trying to get other cities to come on board.
Mr. Flora stated that he is not aware of any. The problem is in Fridley, and it is very difficult to
receive money from other cities.
Councilmember Barnette stated that there was a weir built before to stop some of that flow.
Mr. Flora stated that there is a total of five ponds in Springbrook Nature Center as well as a weir
to control some of that flow coming out of the nature center. The problem is primarily spring
rains or snow melt.
The St. Arnolds stated that it is minimal rains, and the problem is all summer long.
Mr. Flora stated that any additional rain will cause the problem because there is not the storage
capacity there.
Mayor Jorgenson stated that the water is coming from Coon Rapids, Blaine, Spring Lake Park,
passing through the nature center, on its way to the Mississippi River. She knows that the Six
Cities Watershed Organization does not have the ta�ng authority that the Rice Creek Watershed
District does. Mayor Jorgenson said the City will take a look at see what could be done. She
does not know if Mr. Flora has any backfill that would be available.
THE APRIL 10, 2000 MINUTES OF THE FRIDLEY CITY COUNCIL PAGE 12
Councilmember Bolkcom stated that she thought the water had to be slowed down before it gets
there.
Mr. St. Arnold stated that the pressure of the water is equal to the water rushing out of a dam.
No matter how much fabric and how much you try to stabilize the bank, that pressure is going to
keep going underneath whatever you do.
Mr. Flora stated that it is a process of constructing the wall and putting in fabric and block.
Mr. St. Arnold stated that he has put keystone block and six inches of concrete and rock behind it.
He knows what he is doing with that, and it still has not helped.
Mayor Jorgenson stated that they will take a look at this and work with Mr. And Mrs. St. Arnold.
PUBLIC HEARINGS:
10. ORDINANCE REVISING CHAPTER 407 OF THE FRIDLEY CITY CODE IN
ITS ENTIRETY, AND AMENDING CHAPTER 11 OF THE FRIDLEY CITY
CODE, ENTITLED "GENERAL PROVISIONS AND FEES" (RIGHT-OF-WAY
MANAGEMENT):
MOTION by Councilmember Bolkcom to open the public hearing. Seconded by Councilmember
Wolfe.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR J ORGENSON DECLARED THE
MOTION CARRIED AND THE PUBLIC HEARING WAS OPENED AT 8:15 P.M.
Mr. Flora, Public Works Director, stated that this was a follow-up from 1997 and the legislative
laws in Chapter 123 regarding right-of-way management as a result of the PUC (Public Utilities
Commission) rules. The City adopted the ordinance in 1998. The PUC, as a result of the state-
directed task force, had come up with rules to identify restoration of the right-of-way, and the
League of Minnesota Cities has taken those rules and applied them to its model ordinance. This
change is to bring the existing ordinance into compliance with the PUC rules and follow the leave
model.
The changes inherent are:
1. The word "public" has been added for all right-of-ways for additional clarification.
2. It officially adopts the 1997 session laws.
3. Added eleven definitions from the League of Minnesota Cities model.
4. Redefined the restoration process.
5. Clarified denial and revocation criteria.
6. Established a nuisance item for failure to register right-of-way facilities.
7. Deletes our prior indemnification section and adds the PUC verbage.
8. Increases the registration fee from $15 to $50.
9. Increases the excavation fee from $200 to $300 as a result of this past year's experience.
THE APRIL 10, 2000 MINUTES OF THE FRIDLEY CITY COUNCIL PAGE 13
Mr. Flora stated that the City provided a draft of the changes to the utility companies in January.
Today they received comments from Minnegasco regarding the proposed changes. The changes
from Minnegasco are basically addressing the entire ordinance, and most of the issues raised deal
with paragraphs that are not being changed in the revision. The basic intent was to challenge the
entire ordinance in lieu of addressing the proposed changes suggested by the PUC and League of
Minnesota Cities.
Mr. John Theis, NSP representative, stated that they have nine concerns and issues with the
published rules associated with the right-of-way management plan.
Mr. Theis read the sections they had concerns with.
Mayor Jorgenson asked if he could provide those concerns in writing to help them address this.
Mr. Theis stated that he would.
Mr. Rick Pylan, a professional engineer involved in right-of-way management issues and other
engineering issues for Minnegasco, stated that he was sent the ordinances in January. In late
7anuary or early February, he reviewed his comments with Mr. Flora. He heartily agrees with Mr.
Theis and wants to make one comment on Section 407.01. When he originally read it, he felt it
was very antagonistic and seemed to be blaming the utilities for all of the problems in the right-of-
way.
MOTION by Councilmember Billings to receive the letter dated April 10, 2000 from Albert M.
Swintek of Reliant Energy. Seconded by Councilmember Bolkcom.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR JORGENSON DECLARED THE
MOTION CARRIED UNANIMOUSLY.
MOTION by Councilmember Barnette to close the public hearing. Seconded by Councilmember
Bolkcom.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR JORGENSON DECLARED THE
MOTION CARRIED AND THE PUBLIC HEARING WAS CLOSED AT 8:26 P.M.
11. RECONSIDERATION OF A SPECIAL USE PERMIT, SP #94-18, FOR THE
SINCLAIR SERVICE GARAGE, GENERALLY LOCATED AT 6290 HIGHWAY
65 N.E. (WARD 2):
MOTION by Councilmember Wolfe to open the public hearing. Seconded by Councilmember
Bolkcom.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR JORGENSON DECLARED THE
MOTION CARRIED AND THE PUBLIC HEARING WAS OPENED AT 8:26 P.M.
THE APRIL 10, 2000 MINUTES OF THE FRIDLEY CITY COUNCIL PAGE 14
Mr. Hickok, Planning Coordinator, stated that in 1994 a special use permit was granted for this
property. The special use permit was to allow automotive repair at this location. At that time,
the facility was closed and out of service for some time. A special use permit was required to
reinitiate automotive repair activities on the site.
Mr. Hickok stated that special use permits are designed to provide an opportunity for a use to
e�st recognizing that in order to make it compatible with adjacent properties it may need special
considerations and stipulations to coincide with the uses of its surroundings. This special use
permit was granted in 1994 with eleven stipulations. The stipulations related to the site plan
improvements on the site, operation standards on the site. It is being reconsidered due to failure
to meet certain aspects of those stipulations. The e�sting building is on the site, and there are
pumps in front of the facility. There is a parking area in front of the service building and parking
stalls nosing into the south end of the lot. On the original site plan there are parking spaces to be
striped and laid out in the area north of the building.
Mr. Hickok stated that the reason that this is before you this evening is the business' failure to
meet two of the stipulations on the site. The stipulations are: 2) No junked vehicles shall be
stored on site; and 7) There shall not be any outdoor storage outside of the screened yard area
except for licensed motor vehicles that are parked in the designated parking stalls, provided that
they are not parked outside for more than 48 continuous hours.
Mr. Hickok stated that it has been observed that there are vehicles that have been there for nine
months or more. There are not clearly identified parking stalls on site. What has happened is that
the site is filled up with vehicles This creates the situation where the service vehicles need to park
on the right-of-way and grass. There have even been some vehicles with "for sale" signs parked
on the boulevard. Staff recommended that Council hold a public hearing to receive comments so
Council can determine what it is that they would hope to do with this special use permit.
Councilmember Bolkcom asked Mr. Hickok if he had conversations with the property owner.
Mr. Hickok stated that he had a conversation very recently after the notice of the special use
permit violation went out. Prior to that, the Code Enforcement Officer contacted the property
owner about the vehicles being parked on the boulevard. For a short time there was
improvement. The violations occurred with vehicles parked on the boulevard.
Mr. Tony Preciado, property manager, stated that he has only been there for the last year. He did
not know about the eleven stipulations. He thought it was ironic about the 48 hour deal with cars
sitting, because there are times it may take a couple of days to get a part for a vehicle. He talked
to his customers about where the cars need to be parked.
Councilmember Wolfe asked Mr. Hickok if there is ever an exception made for cars that are
sitting waiting for a part.
THE APRIL 10, 2000 MINUTES OF THE FRIDLEY CITY COUNCIL PAGE 15
Mr. Hickok stated that there are not. It is a standard ordinance that prescribes how long a car can
stay out. A part may take six weeks to get there. To have a car sitting outside makes the place
become unsightly and overcrowded.
Councilmember Bolkcom stated that the issue is if they have two or three cars sitting outside and
why cars end up sitting on the boulevard because there is no place else to park.
Mr. Hickok stated that was correct.
Mayor Jorgenson asked Mr. Preciado if he took over the property in the last couple of years and
was unaware of the stipulations.
Mr. Preciado stated that he took it over in January of 1999. He did not know about any of the
stipulations. He has learned several things about compliance with State and City codes, but he is
still learning.
Councilmember Billings stated that Stipulation No. 7 refers to a screened area and cars not being
parked more than 48 hours outside of the screened area. The implication is if you are waiting for
a car to be worked on, and you are waiting for a parking spot, it needs to be in the screened area
for that time period.
Mr. Hickok stated that was correct.
Mr. Preciado stated that the screened area is only 6 feet by 6 feet, and it would be hard to store
any vehicle there.
Councilmember Billings asked Mr. Hickok if the special use permit specified the area of the
screened in area or if the property owner could expand the size of it.
Mr. Hickok stated that the screened in area presently is exactly what was proposed in the site plan
by the original operator. If the current operator wants to expand that they could discuss this.
Councilmember Billings stated that each property is examined on its own merits. Generally
speaking, a 20 foot by 20 foot fenced-in area is not something that generally has to go through all
of the processes.
Mr. Hickok stated that this stipulation did not indicate a size but made a commitment to put a
screened in area for vehicles or other items that are outside, so it is fair to say we could do that
here.
Councilmember Bolkcom asked how many problems it would solve.
Mr. Hickok stated it could solve a number of problems on the site. He was concerned about the
vehicle grilles outside on the edge of the parking lot in the grass which should always be in a
THE APRIL 10, 2000 MINUTES OF THE FRIDLEY CITY COUNCIL PAGE 16
screened in area. Landscaped areas need to be kept clean, and certain items should never be
stored outside.
Mayor Jorgenson stated that there were a number of stipulations that need to be completed before
December 31, 1998. She asked if there were any previous conversations with the previous
owner.
Mr. Hickok stated that there were discussions with the original owner. There were items whose
installations were delayed and other improvements with existing landscape that needed to be
done. There was cooperation in the beginning, but he was not sure at what point the cooperation
stopped.
Mayor Jorgenson asked if the City is notified of any transfer of ownership.
Mr. Hickok stated that the City is not necessarily notified. In this case, they were not, although
the special use permit is on file at the land records office in Anoka County. It is something the
property owner is responsible for.
Mayor Jorgenson asked Mr. Preciado if the previous owner covered any information with him at
the time of the sale.
Mr. Preciado stated that he leased the place from Sinclair, and they are located in Salt Lake City,
Utah.
Mayor Jorgenson asked whom a City representative could talk to.
Mr. Hickok stated that the property owner is responsible. They alerted the Salt Lake City Sinclair
office as well as Mr. Preciado about the concerns they have on the property. They tried to
overcommunicate as necessary to make the local individuals and the corporate owners out of state
aware of the stipulations.
Mayor Jorgenson asked if they had received any response from Sinclair.
Mr. Hickok stated that they had not.
Mayor Jorgenson asked if the property owner had received materials from the City.
Mr. Hickok stated that the materials were not returned in the mail so he assumed they were
received.
Councilmember Bolkcom asked Mr. Preciado if he had any conversations with the owners.
Mr. Preciado stated that there is an office locally that he deals with, but he has not talked to them
about these issues.
THE APRIL 10, 2000 MINUTES OF THE FRIDLEY CITY COUNCIL PAGE 17
Mr. Burns asked Mr. Preciado how much of a problem is it to comply with the City.
Mr. Preciado stated that as far as the 48-hour stipulation, he could be pulling cars in there for a
few days. Realistically, he could actually put about four cars inside at night. It should not be a
problem to comply. It is just a hassle for him to get the cars back in, especially if he has to push
them.
Mayor Jorgenson asked if there was a possibility of expanding the screened area in the back.
Mr. Preciado stated that was a possibility, but he is not allowed to do anything with the property.
Councilmember Bolkcom asked about the other clean-up concerns like with the grilles outside.
She did not think this was any different than places like Home Depot with a special use permit.
Mr. Preciado is not the first business to come before them. They are pretty strict about enforcing
those things and making sure they are done. This is serious business here.
Mr. Preciado stated that when he gets there in the morning sometimes he wonders if he is not just
a dumping site. There is stuff dumped all the time.
Mayor Jorgenson stated that there are a couple of cars on his property that he has done work on.
People have not paid for it, and he is hoping to negotiate for cash for his services.
Mr. Preciado said that the State would make it a lot easier to put a lean on the vehicle. He has
two cars with substantial bills on them, and the owners have not come to make payment on them.
He does not want to just tell them that the car is his now, and it is not easy as far as the state goes
either. He does not know exactly what he has to do as far as putting a lean on the vehicle, but he
does know that there is a lot of paperwork involved.
Mayor Jorgenson stated that Mr. Preciado could possibly have a sheriff's sale on that type of
property. It involves a long legal list as well.
Mr. Knaak stated that there are a number of procedures that have to be followed. It is not a
simple process.
Mayor Jorgenson asked if the City could help Mr. Preciado.
Mr. Knaak stated that the City cannot. If there is a nuisance that relates to the property where the
nuisance is located, the City runs into difficulty if it starts becoming a credit enforcement agency
for its citizens.
Mayor Jorgenson stated she is not advocating that. She would like to be able to see Mr. Preciado
get the money he needs for the repair of those vehicles and to get them off the property as well.
Councilmember Bolkcom stated that it seems that the Sinclair people should be able to help him
with these issues.
THE APRIL 10, 2000 MINUTES OF THE FRIDLEY CITY COUNCIL PAGE 18
Mayor Jorgenson stated that the Southern Anoka County Chamber of Commerce could possibly
help him out.
Mr. Preciado stated that he talked to the Anoka County Sheriff's Office. They will be sending
him paperwork for the procedures he needs to go through.
Councilmember Wolfe asked if Mr. Preciado calls the police right away when people dump things
on his lot. He also asked if the Police Department could contact Mr. Hickok.
Mr. Hickok stated that he could let the police know, so Patrol Officers could keep their eyes out,
but the reality of it is that the property owners are responsible. They need to keep their property
clean and well maintained. They need to do their own security measures to keep it clean. He has
observed that the better a property looks, the less likely it is to have stuff dumped on it.
Councilmember Billings stated that the reports from staff indicate that Stipulation Nos. 2 and 7
from 1994 are being violated. He asked if there are inoperable vehicles being stored for e�tended
periods of time that there is no hope of fi�ng.
Mr. Preciado stated that there are no inoperable vehicles. The fee to repair an inoperable vehicle
is more than what the customer wants to spend. He gives them time to figure out what they want
to do. Generally, he brings them all to the junkyard.
Councilmember Billings asked how long he gives the customer to make that decision.
Mr. Preciado stated that it has only happened a couple of times. The longest time was four days.
Councilmember Billings asked Mr. Hickok about his observation of junk vehicles on site.
Mr. Hickok stated that there has been vehicles missing component parts that are in the inoperable
vehicle section of the code including unlicensed vehicles. It has not been very common, but on
occasions there have been junk vehicles.
Councilmember Wolfe asked Mr. Preciado if it was okay with him that Council tabled this for
si�y days.
Mr. Preciado stated that it was.
Mayor Jorgenson stated that Mr. Preciado could use any of the correspondence that the City
sends him to assist in the efforts with Sinclair.
Councilmember Bolkcom asked if Mr. Preciado could have the person he is dealing with talk to
Mr. Hickok directly.
Mayor Jorgenson stated that the City would like to work with Mr. Preciado to make this a win-
win situation for his business and for the City.
THE APRIL 10, 2000 MINUTES OF THE FRIDLEY CITY COUNCIL PAGE 19
MOTION by Councilmember Wolfe to continue the public hearing and to allow staff to pick an
appropriate date no later than July 1, 2000. Seconded by Councilmember Barnette.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR JORGENSON DECLARED THE
MOTION CARRIED AND THE PUBLIC HEARING WAS CLOSED AT 8:59 P.M.
12. RECONSIDERATION OF A SPECIAL USE PERMIT, SP #76-08, TO NORMA
WILLSON, ALLOWING AN APARTMENT TO EXIST WITHIN A SINGLE-
FAMILY RESIDENCE IN A R-1, SINGLE FAMILY RESIDENTIAL DISTRICT,
GENERALLY LOCATED AT 401 IRONTON STREET N.E. (WARD 3):
MOTION by Councilmember Bolkcom to waive the reading and open the public hearing.
Seconded by Councilmember Barnette.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR JORGENSON DECLARED THE
MOTION CARRIED AND THE PUBLIC HEARING WAS CLOSED AT 8:59 P.M.
Mr. Hickok, Planning Coordinator, stated that the property at 401 Ironton was granted a special
use permit in 1976. At that time, City Code allowed a second dwelling in a single-family home
once the special use permit was obtained. Current ordinances would not allow that option. Since
1976, the property has deteriorated to the point that it can no longer support a second dwelling
unit. In 1999, staff met with the property owner several times to discuss concerns about the
building, the number of residents occupying the single family structure, and the status of the rental
license.
In September Ms. Willson was asked to vacate all tenants other than those permitted through
Special Use Permit SP #76-08. No tenants were vacated. In November the owner applied for
rezoning to legitimize the multi-tenant nature of the complex. Staff is concerned about the
structural integrity of the building for the multi-tenant use requested. Inspection occurred in late
December. Poor building conditions were confirmed during this inspection.
Based on the findings of that inspection, staff spoke with the owner who withdrew her request for
the rezoning. The City refunded that application. Staff informed the property owner that the
inspection revealed enough structural deficiency that they would recommend that Council revisit
the special use permit that was granted in 1976. The following is a list of some deficiencies
discovered in the inspection: 1) Little or no maintenance for several years; 2) The interior and
e�terior stairways serving the second floor and attic space were inadequate to serve the weight of
numerous adults or a single adult exiting in an emergency situation; 3) There were spongy floors
in the second floor unit, 4) Water and plumbing defects had likely deteriorated the floor system to
a point where it was structurally inadequate; 5) Moisture problems that had caused mold growth
were apparent in the second unit, 6) Windows throughout the home were broken and unrepaired;
7) The building lacked smoke detectors; 8) There were exposed Romex cables on the stairwells
and on the front of the structure outside; 9) The electrical box revealed that obvious modifications
had been made without electrical inspection or certified electrician's tags being placed on the box;
10) The third floor lacked ventilation; 11) The third floor lacked proper ceiling height or adequate
THE APRIL 10, 2000 MINUTES OF THE FRIDLEY CITY COUNCIL PAGE 20
space but was occupied; 12) A toilet was installed without a permit in the third floor; 13) The
ventilation for the toilet did not go up outside the unit but instead the vent pipe terminated before
the ceiling; 14) There were no GFI's (ground fault interrupter,)in the kitchen which is a leading
cause for electrocution; 15) The fire window on the third floor lacked proper fire ladder; 16)
Lacked tagged fire e�tinguishers; 17) Unsecured electrical receptor in the entryway; and 18)
Evidence of the third floor occupant e�tinguishing cigarettes by pressing them into the carpet.
Mr. Hickok stated that staff recommended holding a public hearing this evening, taking public
comment, and then acting to revoke Special Use Permit #76-08 during the legislative action
portion of the meeting, and further ordering evacuation of all tenants from the second unit of the
home immediately.
Councilmember Bolkcom asked Mr. Hickok if all of the information he went through is on the
rental property portion of the home.
Mr. Hickok stated that was correct.
Councilmember Bolkcom asked Mr. Hickok if there was a state inspector in the home.
Mr. Hickok stated that was correct. The property owner requested a state inspector to come
through the home and the inspector confirmed the findings.
Councilmember Bolkcom asked if the inspection used a standard checklist.
Mr. Hickok stated that was correct.
Ms. Norma Willson, owner of the rental property at 401 Ironton Street, stated that there is false
information. She also said that the third floor is not occupied, and some things that Mr. Hickok
told her about have been fixed.
Councilmember Bolkcom asked Ms. Willson if she has had anyone in the home to reinspect the
property since she has had the major repairs.
Ms. Willson stated that she had not. She requested an itemization from Mr. Hickok, but she
never received it. She paid for a rental permit and received the letter dated March 14 that her
daughter had requested. However, it did not allow enough time to make the corrections.
Councilmember Bolkcom asked Ms. Willson if she saw a copy of the report of the inspection that
was conducted in August.
Ms. Willson stated that she did not.
Councilmember Bolkcom asked if she talked with Mr. Ralph Messer, Rental Housing Office
Assistant about some of the things that need to be fixed.
Ms. Willson stated that she talked with him.
THE APRIL 10, 2000 MINUTES OF THE FRIDLEY CITY COUNCIL PAGE 21
Councilmember Bolkcom asked if she called to have anyone reinspect it.
Ms. Willson stated that they completed a lot of the repairs, but she did not call anyone because
she was waiting for the report that she requested.
Mr. Larry Wood, a friend of Ms. Willson's, stated that 80 percent of the things have been
completed. The fire inspectors have come out in the past five or six years and have approved the
building up until the last year. Now all of sudden all of the things that have been done are not
acceptable.
Ms. Willson stated that she does have smoke detectors and fire e�tinguishers all over the place.
Ms. Willson stated that the two broken windows have been repaired.
Mr. Wood stated that if they could have some more time to get this up to code, there is no reason
for revocation of her license.
Ms. Willson stated that the state building inspector said that it is a good old house. They will
replace things like the stairway, but there has not been enough time from March 14 until now.
Councilmember Bolkcom stated that they have a copy of the letter sent to her dated September 3,
1999, stating that the inspection was completed, and that the license would not be issued until
they have completion of the repairs.
Ms. Willson stated that is the letter she had asked for.
Mr. Wood stated that they have a copy of the repair letter that was given to her daughter.
Councilmember Bolkcom stated that they are saying that they received that letter in March of this
year.
Ms. Willson stated that was correct. They did not receive anything last August or September
about what needed to be done.
Councilmember Bolkcom stated that her daughter met with Mr. Hickok a couple of times.
Ms. Willson stated that she did not know anything about those meetings.
Councilmember Bolkcom asked Mr. Wood how much time he would need to do all the repairs.
Mr. Wood stated that the first time he saw the information was tonight. He thought he would
need about six months to complete the repairs.
THE APRIL 10, 2000 MINUTES OF THE FRIDLEY CITY COUNCIL PAGE 22
Mr. Hickok stated that the situation is such that many of the items on the list like batteries and
smoke detectors are simple items to fix. However, years of toilets not being fixed has caused the
bathroom floor of the second floor unit to rot to a point that two inspectors did not want to be in
the bathroom at the same time for fear of ending up in the lower story of the unit. This is not as
simple as having someone come in and put sheeting down on the floor. The fix for these
problems will take someone that understands the structural integrity of the building. The floor
framing members have been avoided so long that rot is carried back into a place on the ends of the
units and maybe on the ends of the floor of the kitchen ne�t door to the bathroom and so forth.
This is not likely something you can fix quickly. It is easy to say that most of the items on the list
have to be fixed, but the State inspector estimated $40,000 and $65,000 of improvement before it
is back to where it should be.
Mr. Burns stated that the requirement of the licensed contractor is something that applies to
everybody throughout the City per code.
Mr. Hickok stated that was correct.
Ms. Willson stated that the floor in the bathroom was done by a carpenter. The floor in the porch
was a foot lower so that does not have anything to do with the rest of the structure. The
bathroom floor was fixed right this time by putting crossbars.
Mr. Wood stated that there is subfloor under there which he repaired and used all brand new
lumber.
Mayor Jorgenson asked if any building permits were applied for the recent repairs he just made.
Mr. Wood stated that they did.
Mayor Jorgenson asked if they had an inspector out who took a look to make sure that the
underfloorings were in a safe and stable condition before they put in a new subfloor.
Mr. Wood stated that he did not.
Councilmember Bolkcom stated that there is a copy of one inspection done on December 6, 1999.
When there is this many violations for a rental property, she asked how long staff normally gives
someone to complete the repairs.
Ms. Willson stated that she paid for the permit but did not renew it. All of these violations on the
third floor do not have anything to do with the permit because that floor is not rented.
Councilmember Barnette asked how many people were renting currently.
Ms. Willson stated that she has three people renting right now on the second floor. Her nephew
and grandson live in the basement.
THE APRIL 10, 2000 MINUTES OF THE FRIDLEY CITY COUNCIL PAGE 23
Councilmember Bolkcom stated that including the third floor or not, there were many things that
needed repair. If an inspector has not been in to inspect these things, the City does not consider
them fixed.
Mr. Wood asked if they could have someone come and inspect the changes that have been
completed. He also asked if they could have more time to make the rest of the changes.
Mayor Jorgenson stated that was a possibility. She asked if staff had a copy of the state
inspector's inspection.
Mr. Hickok stated that he will forward that, but at this time he did not have it.
Mr. Messer stated that he was not a member of the inspection team. This is also a zoning issue.
Ms. Willson was operating approximately four units, plus there is information she was renting
bedrooms out to families in her home with the City's permission to have one unit in addition to
her own living unit in that structure. There was a young woman and a small child there at the
time that he received the report. The concern was that if a fire broke out there was only one way
to get that child out. That was down a shaky stairwell.
Mr. Messer stated that rental property repairs must be done by licensed contractors. A letter was
sent to Ms. Willson last September stating that following completion of repairs, a license would
be issued upon City Council approval. As of December, the tenants had not been removed, and
Ms. Willson had not cut back to her zoning units which is what brought the action to the
Community Development Department.
Councilmember Barnette asked if that letter was dated September 1. He verified that Ms. Willson
said she never received the letter.
Mr. Messer stated that it was not returned by the Post Office.
Councilmember Bolkcom asked if it would be reasonable to continue the hearing because she has
said she has fixed some things. One issue is that there is no rental license and the property is
currently being rented. There are a fair amount of things she believes have been fixed.
Mr. Messer stated that they have received a complaint from a party alluding to lights that
flickered, outlets that sparked, and circuit breakers that have to be constantly reset. He wondered
what assurance there could be that someone is not living on the third floor. He has a concern for
people there and in the basement not being adequately egressed, plus people on the third floor
may not be able to get out on the escape ladder.
Mayor Jorgenson stated that she would like to see a copy of the report from the State Inspector.
It would be fair to look at the work that Mr. Wood has done to the property and to make a
determination of who is living where so Council can make a decision. She asked if it would be
enough time to look at this between now and May 24.
THE APRIL 10, 2000 MINUTES OF THE FRIDLEY CITY COUNCIL PAGE 24
Mr. Hickok stated that they could follow through with that, but there are some things that are
very important to understand. The answer to the question of whether or not staff should give
them more time is no. The statement that Ms. Willson has not received a letter and does not
know about the list of problems is questionable. You would absolutely know with certainty what
the issues were on your property after the time that staff has spend with Ms. Willson.
Mr. Hickok continued by staying that the State Inspector does not have jurisdiction. However,
staff appreciates that Ms. Willson contacted the state to verify what the City inspectors about her
property said. There is a very competent staff and the report states that there are issues that do
not warrant having a second unit in the building again. To say that Ms. Willson has corrected the
problems would require the inspectors to open the floor up to inspect the improvements. A
building permit is used to make sure repairs are done correctly and up to code which would mean
looking at the framing before it is covered up.
Mr. Hickok did not think it was fair to give Ms. Willson more time. He strongly urged that
Council understand the importance of getting folks out of the second unit before something
happens, such as a fire. If Ms. Willson would like to re-apply for a rezoning after the home is
repaired to the City's satisfaction that is a different issue.
Councilmember Bolkcom asked what kind of liability the City would have if they continued this
discussion on May 24 with them not having a rental permit and still having tenants. She asked
what kind of notice is needed for the tenants.
Mr. Knaak stated that the liability issue is if the City has undertaken responsibility for the
inspection and the City has determined that there is non-compliance, the City must go forward to
aggressively but reasonably enforce provisions of its ordinances. Cities that have not used
diligence on these kinds of reports have been sued and found liable for failure to follow up on
these kinds of life-threatening issues which would be a high liability. The issue of precedent with
the licensing issue is very important. As you treat one so must you treat the rest. The City's
problem is not the contractual relationship between the landlord and the renter. The City's sole
jurisdiction is the protection of individuals residing in the City and if circumstances are found to
be unsafe, removal is immediate. If this presents a problem between the landlord and the tenant it
is not the City's immediate responsibility. Unhabitable rental units is an issue that has to be
addressed. The landlord would be held liable for breaking the lease.
Councilmember Bolkcom asked what the word "unhabitable" is defined as.
Mr. Knaak stated that code violations are interpreted to be issues related to habitability.
Mayor Jorgenson asked if they would be basically removing certificate of occupancy for the unit.
Mr. Knaak stated that the issue has more to do with the licensure of the rental unit. It is illegal to
rent without a license. If you do not have appropriate authorization, you would be talking about
giving people a basis for immediate removal.
THE APRIL 10, 2000 MINUTES OF THE FRIDLEY CITY COUNCIL PAGE 25
Councilmember Bolkcom asked what type of responsibility the City has whether someone
received a letter or not.
Mr. Knaak stated that some of what has been construed to Council is that there is presumed to be
a tenant in the building. Ms. Willson needs a license to have someone rent. She has admitted that
she does not have a license. That is pretty much the end of discussion. This does not need to get
beyond that. Every landlord in the City is charged with the responsibility of understanding all the
laws that apply whether it is their residence or business.
Mayor Jorgenson asked if, when someone applies for a rental permit and they paid the fee, if the
City would not necessarily give them a permit.
Mr. Knaak stated that the fee is for a purpose of paying for the City's expense to conduct the
necessary investigation. It is not a guarantee of approval.
Ms. St. Arnold stated that they live on the same street, and Mr. St. Arnold is block captain.
Mr. St. Arnold stated that the neighbors have concerns about things that go on at Ms. Willson's
property such as police visits, the amount of people that live there, and the lack of e�terior
maintenance on the house.
Ms. St. Arnold stated that there are children that are not monitored.
Mr. St. Arnold stated that the neighbors are concerned about what goes on in the house. They
have seen people walking out in handcuffs. They have heard that it is a halfway house for the
Anoka County jail.
Ms. St. Arnold stated that it is a question of respect for the neighborhood.
Mr. Burns stated that the issue seems to be that this is a zoning violation, more than just a second
unit and a special use permit. He asked if the same conditions were found on the second floor
unit as the third floor unit.
Mr. Hickok stated that the second floor bathroom is a cause for concern. Outside of the entry of
the third the level the floor is very spongy.
Mr. Burns stated that he wanted to make sure that they clarify that it is not just the third floor, it
is the second floor also that also has problems.
Ms. Willson stated that the circuit breaker has been taken care of. She has a nephew that is an
electrician. She said she did not know what they are talking about when three units are discussed.
Mayor Jorgenson stated that renting out a basement and the second floor and third floor is what
they are talking about.
Ms. Willson asked when they have to have a permit to rent a bedroom.
THE APRIL 10, 2000 MINUTES OF THE FRIDLEY CITY COUNCIL PAGE 26
Mayor Jorgenson stated that it is part of the rental ordinance.
Ms. Willson stated that she does not have the basement rented out now. Her nephew lives there.
Mayor Jorgenson asked Ms. Willson if she applied for an electrical permit at the time that her
nephew came out.
Ms. Willson asked why she had to do that for a circuit breaker.
Mayor Jorgenson stated that she had to do that so the inspectors can come out and make sure the
work was done in accordance with the State and City building codes to guarantee the safety of the
tenants.
Ms. Willson stated that the egress windows were put in and inspected, but there is still an issue
with them.
Mr. Wood stated that the egress windows were approved by the City inspector.
Mayor Jorgenson asked when the egress windows were put in.
Mr. Wood stated that it was about six months ago. He asked if another inspector came out to see
the improvements that have been done.
Mayor Jorgenson stated that at this point there is no rental license for the property. To allow Ms.
Willson to continue to rent the unit with tenants and give additional time for work on the property
would not be legal for the City to do that.
Mr. Wood stated that the house was built in 1923. There are a lot of things that cannot comply
with current City Code but were grandfathered in. He felt that now the City was saying that the
grandfather right does not e�st anymore. He felt that over the last year the grandfather rights
were trucked out the window which means Ms. Willson needs to restructure the whole house.
Councilmember Bolkcom stated that issues with electrical are not grandfathered in. If they are
unsafe, they are unsafe.
Councilmember Bolkcom asked Mr. Knaak if it was possible to have someone inspect the home
the ne�t day after the council meeting. She asked if the property did not pass if the special use
permit could be revoked, as it would be life threatening at the time of inspection.
Mr. Knaak stated that a revocation could be done the evening of the council meeting and make it
conditioned on a reinspection the ne�t day that if it is determined that there is not a compliance it
holds. If there is compliance, the City could reinspect at any time and that could be a condition of
the revocation that evening. Mr. Knaak said that Council could defer the final determination on a
factual determination by staff as to whether or not there is compliance. The decision has to be
THE APRIL 10, 2000 MINUTES OF THE FRIDLEY CITY COUNCIL PAGE 27
based on the facts in the record, and Council needs to act on that information. Council could
certainly also require that additional inspections be done if that makes it easier for reapplication.
Councilmember Bolkcom asked if the special use permit was revoked tonight, if the City would
allow Ms. Willson to get another special use permit.
Mr. Hickok stated that there may be some special structuring based on Council actions that
evening that prolong the decision. If it is taken away there is not a vehicle in the ordinance right
now that would allow a special use permit.
Mr. Burns asked Mr. Hickok if the City provides the written building deficiencies from the very
beginning of the inspection process.
Mr. Hickok stated that was correct. Inspections were done in December. Upon inspection staff
informed Ms. Willson about the concerns. Staff called and encouraged her to not continue with
her rezoning request based on the inspection. Staff also told Ms. Willson of their concerns about
revoking the special use permit and plans to recommend to Council that it be revoked.
Ms. Willson was very upset and came in to talk to Mr. Ron Julkowski, Chief Building Official.
Together they went through each item to discuss what needed to be done. She then called the
State for an inspection because the City's records show that the inspection was inconclusive.
There were a number of different inspectors making notes and drawing no conclusions to which
we came to the findings that the City found that would lead to the special use permit being
revoked.
At that point, Ms. Willson left with an inspection record. Later, a woman came in representing
Ms. Willson who then had moved into the basement unit although there was no rental license for
the property. She asked to see the address file and gave another copy to Ms. Willson. That was
the second set of information Ms. Willson received.
Mr. Hickok said that Ms. Willson contacted him in early March to say that she was still waiting
for the records. Mr. Hickok said at that time he sent another copy of the record to her. It should
be very clear that the information in the inspection was discussed with Ms. Willson item by item.
Mr. Hickok stated that the August correspondence was sent to Ms. Willson and resulted in an
August 31 meeting with Mr. Messer and himself. It was followed up by a letter that highlighted
every one of the elements of the personal discussion they had. Ms. Willson claims that she did not
receive the letter, but in response to the letter her daughter came in and asked what could be
done. Mr. Hickok felt that staff has done everything they could. The December inspection
should have been brought to December in 7anuary but they grappled with putting Ms. Willson out
of her livelihood and putting out her family out of their unit.
Councilmember Barnette asked Ms. Willson if she received the letter on September 3 from Mr.
Hickok. He also asked what Ms. Willson's daughter, Sherry, was responding to.
THE APRIL 10, 2000 MINUTES OF THE FRIDLEY CITY COUNCIL PAGE 28
Ms. Willson stated that she did not know.
Mr. Wood stated that Ms. Willson's daughter went over her mother's head to talk to the City
staff. Ms. Willson just stated her daughter went to the Municipal Center without her consent.
Ms. Willson stated that her livelihood is being taken away. She also said the people living in her
house need advance notice to find another place to live.
Mayor Jorgenson asked her if she was told to give them notice.
Ms. Willson stated that she was not told that.
Councilmember Billings asked Ms. Willson if the tenant on the third floor is gone, if she has a
relative in the basement, if she lives on the main floor, and if she is renting out the second floor.
Councilmember Billings thought right now there are only two families living in the home.
Ms. Willson stated that her grandson is living in the basement, and there are only two families
living in the home.
Councilmember Billings stated that there has been suspicions by neighbors and fire inspectors that
there have been several occupants in the home in addition to the person on the third and second
floor. He asked how many kitchens are in the home.
Ms. Willson stated that there were two.
Councilmember Billings asked if the kitchens were on the first and second floor.
Ms. Willson stated that was correct.
Councilmember Billings asked how many bathrooms were in the home.
Ms. Willson stated that there are four: one in the basement, and on the first, second and third
floors.
Councilmember Billings asked Ms. Willson if she understood that the special use permit was for
one additional rental unit, not two.
Ms. Willson stated that she does now, but she did not know that at first.
Councilmember Wolfe asked if this was a duplex.
Mr. Messer stated that it was not a duplex at the time they discovered the issues. This was a
licensed rental property until they found out that Ms. Willson was exceeding the zoning code.
THE APRIL 10, 2000 MINUTES OF THE FRIDLEY CITY COUNCIL PAGE 29
Mayor Jorgenson asked Mr. Knaak what his opinion was if the City ordered the immediate
vacation of the rental property, and then allowed the petitioner time to make the corrections
rather than have the revocation of the special use permit.
Mr. Knaak stated that if there has been a violation of the special use permit and considering other
issues as a mitigation of the harshness of the decision on the special use permit, Council has to be
aware of the fact that if they defer this it could be something that could be used against Council in
the future. If there is compliance with the law, Council could defer a decision and reduce the
possibility of the liability the City would be exposing itself to if you could insure compliance with
the law. He did not feel this was the best course of action, but he said it is allowed.
Mr. Burns asked Mr. Hickok if six months is enough time to complete the corrections.
Mr. Hickok stated that he thought that would be a significant amount of time. He also said the
City is very concerned about the people living there. He felt they had to get the people out. Mr.
Hickok said that staff was very clear that the home must have a structural engineering analysis
done. From that point there needs to be improvements.
MOTION by Councilmember Billings to continue the public hearing until May 8, 2000, and to
direct the property owner to bring the property to legal compliance. There is no license, and the
property owner need to immediately evict any rental occupants from the building. The property
owner needs to bring to the public hearing on May 8 an aggressive program to cure all
deficiencies on the property and continue the public hearing to determine canceling the special use
permit. Seconded by Councilmember Bolkcom.
Mayor Jorgenson asked Ms. Willson if she understood the motion.
Ms. Willson stated that the tenants do not have anywhere to go.
Councilmember Billings stated that Ms. Willson does not have a license, and it is illegal to have
people living there. Council could start a different action to hold her in non-compliance with the
rental code and proceed with whatever criminal charges are appropriate for leasing to people
without the appropriate license. This motion provides Ms. Willson with an opportunity to remedy
the situation and best protect her rights as a property owner.
Ms. Willson stated that the tenants will get no notice at all.
Councilmember Billings stated that it is between her and the tenants that she is illegally renting to.
Councilmember Barnette stated he thinks that for the welfare and safety of the people in Fridley
he has to go along with this decision.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR JORGENSON DECLARED THE
MOTION CARRIED UNANIMOUSLY.
THE APRIL 10, 2000 MINUTES OF THE FRIDLEY CITY COUNCIL PAGE 30
NEW BUSINESS:
13. MOTION TO REVOKE SPECIAL USE PERMIT, SP #76-08, TO NORMA
WILLSON, GENERALLY LOCATED AT 401 IRONTON STREET N.E.
(WARD 3):
MOTION by Councilmember Bolkcom to table the motion to revoke Special Use Permit, SP #76-
08, to Norma Willson. Seconded by Councilmember Barnette.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR JORGENSON DECLARED THE
MOTION CARRIED UNANIMOUSLY.
14. VARIANCE REQUEST, VAR #00-03, BY DUKE-WEEKS REALTY
CORPORATION, TO INCREASE THE ALLOWABLE SIZE OF A FREE-
STANDING SIGN FROM 80 SQUARE FEET TO 130 SQUARE FEET, TO
DECREASE THE REQUIRED SETBACK OF A FREE-STANDING SIGN FROM
A PROPERTY LINE OR DRIVEWAY FROM 10 FEET TO 5 FEET, TO ALLOW
THE CONSTRUCTION OF A NEW FREE-STANDING SIGN, GENERALLY
LOCATED AT 7920-7990 UNIVERSITY AVENUE N.E. (WARD 3):
Mr. Hickok, Planning Coordinator, stated that Duke-Weeks Realty was seeking to increase the
size of their free-standing sign from 80 square feet to 160 square feet and decrease the setback of
a free-standing sign from 10 feet to 5 feet from the property line. The e�sting pylon sign was
fully installed as a 160 square foot sign and located on the property line. Duke-Weeks Realty
purchased the property in the past year and is seeking to replace the existing sign with the 60
square foot monument sign which would require removal and relocation of the existing sign. The
property is located north of 79t'` Avenue along the west side of University Avenue. It was platted
in 1981, and the buildings were constructed in 1982. The sign was installed in pre-1985. A sign
variance was granted in 1985, and another sign variance was granted in 1997 to 130 square feet.
The sign code allows the maximum pylon sign of 80 square feet in area.
Mr. Hickok stated that the petitioner is seeking to allow the sign area to 160 square feet. The
sign code also requires the sign to be set back 10 feet from the property line and the petitioner is
requesting a five foot setback.
Mr. Hickok stated that the building is located along the University Avenue service drive. The
sign is located out on the boulevard between the parking area and the service drive. Duke-Weeks
proposes to replace the existing pylon sign with a backlit modern style sign. In addition, Duke-
Weeks proposes to enhance the sign with perennial landscaping and enhance the boulevard
landscaping. Other pylon signs in this vicinity meet code requirements and do not exceed 80
square feet in size. Larger than code signs are not a right possessed by others in the vicinity.
Mr. Hickok stated that granting the variance would not be materially detrimental for the public's
health welfare and safety. It would be distracting and dominate the landscape. Recent similar
variances along University Avenue have been denied. The Appeals Commission at the March 22
THE APRIL 10, 2000 MINUTES OF THE FRIDLEY CITY COUNCIL PAGE 31
meeting voted to recommend denial. Staff recommended denial because of no hardship and no
comparable variances have been granted over the past five years. Complying with the setback can
be easily accomplished, and an 80 square foot sign built to 25 feet in height would provide better
visibility than the proposed 16 foot monument style. Staffrecommended if the variance is granted
stipulations be attached.
Councilmember Billings asked Mr. Hickok how many square feet were in Variance VAR #97-08.
Mr. Hickok stated that it was to 130 square feet.
Councilmember Billings asked if this was based on misinformation that staff had at the time they
made the presentation to Council.
Mr. Hickok stated that was correct.
Councilmember Billings asked if this City Council approved a variance to 130 square feet in 1997.
Mr. Hickok stated that was correct.
Councilmember Bolkcom asked for clarification of the discussion in the Appeals meeting
regarding the tenants' issues with the sign.
Mr. Hickok stated that it is important to make sure that any and all elements about a site are
brought to Council's attention. One of the issues in the past is that the variance being discussed is
for a C-2, site and there were some industries. The new sign of very attractive design is meant to
draw attention to the site. It is a four sided site with streets on all sides. Staff felt it was
important that there was on-going maintenance of the site.
Mr. John Finn, the petitioner, stated that they did not catch that there was a variance on the sign
when they bought the property. He came to the Municipal Center about replacing the sign with
the size that is there. Had they known that the ordinance was for 130 square feet they would have
replaced it with a 130 square foot sign. The other issue is that the buildings are situated with a
building on the west side of the property that is blind to the street, and that is a little bit of a
hardship from a marketing perspective. They do understand that the property needs to be better
maintained. They have already spent thousands of dollars on repairs for the property. The
landscape plan will be modified around the base of the sign as well.
Councilmember Bolkcom asked what would be wrong with getting the sign back to what the sign
code is at 80 square feet.
Mr. Finn stated that they felt the visibility would be better in the long run to have this type sign.
Councilmember Bolkcom asked if he meant visibility from University Avenue or the service road.
Mr. Finn stated that he meant from the service road. It is more to give the tenants in the back
building visibility. They would be happy with 130 foot sign with that type of design.
THE APRIL 10, 2000 MINUTES OF THE FRIDLEY CITY COUNCIL PAGE 32
Councilmember Bolkcom stated that she could live with 130 square feet.
Mr. Finn stated that he would be happy with a 130 square foot sign. They do not like the sign
there now, and he does not think they could paint it to modify it.
Councilmember Billings stated that his feelings on the variance in 1997 was that they were doing
the same thing here that they did with Embers and several other places which was taking signs
that are larger than what the code allows and bringing them closer to conformity.
Councilmember Barnette stated that he has no problem with the request.
Mr. Finn stated that the issue of providing all of the lease information in Stipulation No. 1 was a
confidentiality issue.
Councilmember Billings asked if it was appropriate to delete the first sentence in Stipulation
No. 1.
Mr. Hickok stated that was okay. He said the City knows which businesses are non-conforming.
MOTION by Councilmember Bolkcom to approve variance request, VAR #00-03. Seconded by
Councilmember Billings.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR J ORGENSON DECLARED THE
MOTION CARRIED UNANIMOUSLY.
MOTION by Councilmember Bolkcom to amend the stipulation #1 as follows: Any tenant who's
use does not comply with the C-2 zoning district requirements shall vacate the premises by the
end of their current lease. Seconded by Councilmember Billings.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR JORGENSON DECLARED THE
MOTION CARRIED UNANIMOUSLY WITH THE FOLLOWING STIPULATIONS: 1)
ANY TENANT WHOSE USE DOES NOT COMPLY WITH THE C-2 ZONING
DISTRICT REQUIREMENTS SHALL VACATE THE PREMISES BY THE END OF
THEIR CURRENT LEASE; 2) NONE OF THE EXISTING LANDSCAPING SHALL BE
REMOVED. IF ANY OF THE EXISTING LANDSCAPING IS REMOVED OR
DISPLACED, PETITIONER SHALL SUBMIT A LANDSCAPE PLAN, THAT MEETS
OR EXCEEDS ALL CURRENT CODE REQUIREMENTS FOR STAFF APPROVAL
PRIOR TO ISSUANCE OF A SIGN PERMIT; 3) NO ADDITIONAL PYLON SIGNS
ARE ALLOWED ON THIS SITE; 4) IF THE PARCELS ARE SEPARATED AT A
LATER DATE, THE SIGN MUST COME INTO COMPLIANCE; 5) THE CITY IS
RELIEVED FROM ALL LIABILITY CAUSED BY THE SIGN BEING LOCATED IN
ITS PROPOSED POSITION, ONLY 5 FEET FROM THE PROPERTY LINE; 6)
PETITIONER SHALL PAINT ALL BACK DOORS THE SAME COLOR TO GIVE
CONSISTENCY TO THE APPEARANCE OF THE BUILDING FROM RANCHERS
THE APRIL 10, 2000 MINUTES OF THE FRIDLEY CITY COUNCIL PAGE 33
ROAD PRIOR TO ISSUANCE OF THE SIGN PERMIT; 7) PETITOINER SHALL
INSTALL CODE REQUIRED GARBAGE DUMPSTER ENCLOSURES FOR TENANTS.
PETITIONER SHALL SUBMIT PLANS FOR THE DUMPSTER ENCLOSURES WITH
A LETTER OF INTENT TO BUILD SAID ENCLOSURES PRIOR TO THE ISSUANCE
OF THE SIGN PERMIT; 8) THIS VARIANCE SHALL REMAIN IN EFFECT UNLESS
ANY OF THE FOLLOWING OCCUR: a) THE SIGN IS ALTERED IN ANY WAY,
EXCEPT FOR ROUTINE MAINTENANCE AND CHANGE OF MESSAGES WHICH
MAKES THE SIGN LESS IN COMPLIANCE WITH REQUIREMENTS; b) THE
SUPPORTING STRUCTURE OF THE SIGN IS REPLACED OR REMODELED; c) THE
FACE OF THE SIGN IS REPLACED OR REMODELED; d) THE SIGN BECOMES
DILAPIDATED OR DAMAGED AND THE COST OF BRINGING IT INTO
COMPLIANCE IS MORE THAN 50% (FIFTY PERCENT) OF THE VALUE OF THE
SIGN, AT WHICH TIME ALL OF THE SIGN AND ITS STRUCTURE TO BE
REMOVED; 9) NOTWITHSTANDING SUBPARAGRAPH (a) ABOVE, UPON THE
CHANGE OF THE NAME OF THE BUSINESS BEING DISPLAYED ON THIS SIGN;
AND 10) IT REPLACES THE EARLIER VARIANCE SO THAT THE CITY'S
RECORDS REFLECT THAT ACCURATELY.
3. SPECIAL USE PERMIT, SP #00-02, BY GARY AND SALLY BANNOCHIE, TO
ALLOW A RESIDENCE TO BE BUILT IN A RIVER PRESERVATION
DISTRICT, GENERALLY LOCATED AT 665 DOVER STREET N.E. (WARD 3):
Mr. Burns, City Manager, stated that the petitioners are asking for a special use permit to
construct a home in the Flood Fringe District at 665 Dover Street. There are no issues with this
project other than a stipulation that the petitioner plant five trees on the lot to replace trees that
they have removed. While the Planning Commission asked that the stipulation requiring the trees
be removed, they did approve the special use permit at their March 15 meeting. Staff
recommended Council concurrence with the Planning Commission and that the original
Stipulation No. 11 requiring five trees be restored.
Councilmember Bolkcom stated that she asked to have this removed from the consent agenda for
discussion about the trees. She thinks the trees are an issue on this lot. She is shocked that all the
trees are gone. She could only see about five trees on the fence line. She felt they needed to look
more at tree preservation. She is concerned that all of those trees are gone. She realizes that they
need to situate their home on the property, but at some point they need to replace some of those
trees. She would be willing to approve the special use permit if they could put in a stipulation that
they work closely with staff on the trees.
Councilmember Barnette stated that he wanted to remove this item from the consent agenda for
the opposite reason. He thinks there comes a time when the City dictates too much to people
about what they should do with their own property. If he did put in the five trees, once the home
is constructed a year later, he could remove that stipulation. He felt it was silly to add a
stipulation when he does not want the trees on his property.
THE APRIL 10, 2000 MINUTES OF THE FRIDLEY CITY COUNCIL PAGE 34
Councilmember Bolkcom asked at what point Council allows a resident to stop cutting down
mature trees down just to cut them down.
Councilmember Wolfe stated that he himself has cut down fourteen trees in his yard. He felt that
Mr. Bannochie should be allowed to do what he wants with his property.
Mr. Gary Bannochie, petitioner, stated that the trees were cut down where the house would be
built. The trees on the neighboring properties had big vines that pull the trees and deform the
trees. He has about six trees left. Now he has to look at having about eleven or twelve trees on a
lot that is not that big. The neighbor to the back wanted the tree between their properties taken
down also. They had to take it down because if a strong wind came it would have dropped it
down on both of their houses. Mr. Bannochie does not object to trees. He has a landscaping plan
to plant more trees, but it is hard to landscape in a place where there is a lot of overgrowth.
Councilmember Bolkcom stated that there are trees in the back that are probably going to come
down.
Mr. Bannochie stated that he would like to put a fence in there, too. The neighbor behind him
wants to take down the huge tree by the power lines.
Councilmember Bolkcom asked if he had a landscaping plan with him.
Mr. Bannochie stated that he did not have the plan with him. He did not want to finalize the
landscaping plan until he gets the house built to see how it is going to look To say that he has to
put in five more trees will make twelve trees which he felt was a lot.
Councilmember Bolkcom asked him if he could agree with Stipulation No. 11 and then if anymore
trees are removed they would have to be replaced.
Mr. Bannochie stated that there is another tree he would like to take down.
Councilmember Bolkcom stated that her concern is that it looks like there will more trees
removed and that he was not going to have many original trees left.
Mr. Bannochie stated that they would be planting some sort of trees when they get involved in
landscaping.
Councilmember Bolkcom asked if there would be a privacy fence in the back.
Mr. Bannochie stated that there would be.
Councilmember Barnette stated that he thought Council should stay out of people's business
sometimes. He was sure the petitioners will have a nice home and a nice yard and that eventually
they would plant trees in the right locations.
THE APRIL 10, 2000 MINUTES OF THE FRIDLEY CITY COUNCIL PAGE 35
Councilmember Bolkcom asked Councilmember Barnette how he would feel if it was commercial
property.
Councilmember Barnette stated that if it was a commercial development it is different because this
is a private property with an individual. A business is talking about more visibility in the City.
Councilmember Bolkcom stated that Council would not be doing anything that they are not
allowed to do.
Councilmember Barnette stated that he knew that.
Councilmember Bolkcom stated that communities are looking at keeping trees.
Mr. Bannochie stated that the tree in the front may interfere with his driveway and might also
have to come down.
Councilmember Bolkcom asked how he could say that he has so many trees in his yard.
Mr. Bannochie stated that it was hard to see in the photograph but there are some in the middle of
the lot.
Mr. Hickok stated that he could mix different types of trees and put them on the edge of the lot
and add some conifers. Adding more trees would recreate some of the natural appearances that
this lot once had.
Mr. Bannochie stated that he just does not want another twelve trees in his yard.
Councilmember Bolkcom stated that they are only asking for five trees. It seems several of those
trees that are there presently are going to be removed.
Mr. Bannochie stated that he might not take all of the trees down. Some of the ones on the back
are not even on the property.
Mayor Jorgenson asked how many trees are on the property.
Mr. Bannochie stated that five or six trees are on his lot.
Mayor Jorgenson stated that the trees that he is talking about removing that are close to the
driveway may be boulevard trees.
Mr. Flora stated that they could be.
Mayor Jorgenson asked if the residents would need permission from the Public Works
Maintenance Division to remove that tree by City ordinance.
Mr. Flora stated that they can only remove it with permission if it is on City property.
THE APRIL 10, 2000 MINUTES OF THE FRIDLEY CITY COUNCIL PAGE 36
Mayor 7orgenson asked if the City replaces a tree when they remove one on the boulevard.
Mr. Flora stated that when the City cuts down a boulevard tree, the City replaces it on the
property.
Mayor Jorgenson stated that she understands that this tree could cause problems with The
Bannochie property. Trees add character to the neighborhood and provide screenage. She would
like to see some stipulation that some trees are replaced on the property. They do not have to be
huge trees. They could be small ornamental trees as well.
Councilmember Bolkcom asked if they could compromise and plant three trees.
Councilmember Billings stated that was his suggestion. He asked if Mrs. Bannochie could live
with putting in three trees on the property
Mrs. Bannochie stated that she is going to have a vegetable garden.
Mr. Bannochie stated that he would probably plant about three or four trees, but having the City
determine what he can and cannot do draws the line.
Mr. Bannochie stated that the neighbors have been using this lot as a dumping ground for brush
and trees. Some residents are getting irritated by some of these trees. It actually looks cleaner
after removing the dead trees.
Councilmember Bolkcom asked if he could live with three trees.
Mr. Bannochie stated that he would like to make that decision on his own if that is okay with
Council.
Councilmember Wolfe stated that this is the Bannochie's property. He thinks it will look nice,
and he did not think the City should tell him what to do.
Councilmember Bolkcom asked Councilmember Wolfe why he was so concerned about the
Varichek's property last summer.
Councilmember Wolfe stated right from the beginning that Mr. Steve Varichek could cut every
tree down on his property. Mr. Varicheck kept the trees because he knew as a realtor that his
properties worked for him and kept as many trees as possible.
Councilmember Bolkcom asked Mr. Bannochie if he would plant three trees on his property.
MOTION by Councilmember Bolkcom to approve Special Use Permit, SP #00-02.
MOTION by Councilmember Bolkcom to amend Stipulation No. 11 as follows: Petitioner shall
plant a minimum of three trees. These three trees can be a combination of over-story deciduous
THE APRIL 10, 2000 MINUTES OF THE FRIDLEY CITY COUNCIL PAGE 37
trees having a 2.5 inch minimum caliper at time of planting and to coniferous trees at least 6 feet
in height at time of planting. Seconded by Councilmember Barnette.
Councilmember Barnette stated that they should add Stipulation No. 13 as follows: The
petitioner shall sign a combination form, combining the property into one tax statement prior
building permit issuance.
Mr. Bannochie stated that they have done that.
Councilmember Billings stated that it was not necessary then.
Mayor Jorgenson asked for a vote on the amended stipulation.
UPON A VOICE VOTE, MAYOR JORGENSON, COUNCILMEMBER BOLKCOM,
COUNCILMEMBER BILLINGS VOTING AYE, COUNCILMEMBER WOLFE AND
COUNCILMEMBER BARNETTE VOTING NAY, MAJOR JORGENSON DECLARED
THE MOTION CARRIED BY A THREE TO TWO VOTE.
Mayor Jorgenson asked for a vote on the main motion.
UPON A VOICE VOTE, MAYOR JORGENSON, COUNCILMEMBER BOLKCOM,
COUNCILMEMBER BILLINGS VOTING AYE, COUNCILMEMBER BARNETTE
AND COUNCILMEMBER WOLFE VOTING NAY, MAYOR JORGENSON
DECLARED THE MOTION CARRIED BY A THREE TO TWO VOTE WITH THE
FOLLOWING STIPULATIONS: 1) SOIL TESTING SHALL BE COMPLETED AND
SUBMITTED BY A SOILS ENGINEER AS REQUIRED BY CHAPTER 17 OF THE
UNIFORM BUILDING CODE PRIOR TO POURING OF THE FOUNDATION
FOOTINGS; 2) ALL NECESSARY PERMITS SHALL BE OBTAINED FROM THE
CITY PRIOR TO CONSTRUCTION; 3) SIDING AND LANDSCAPING SHALL BE
USED TO MINIMIZE THE IMPACT OF FLOOD-PROOFING MATERIALS; 4) THE
PETITIONER SHALL SUBMIT AN ELEVATION CERTIFICATE AS PART OF A
VERIFYING SURVEY PRIOR TO THE FOUNDATION BEING CAPPED, WHICH
SHALL VERIFY THAT THE MINIMUM FIRST FLOOR ELEVATION IS 824.1 FEET;
5) THE PETITIONER SHALL FLOOD-PROOF THE GARAGE IN ACCORDANCE
WITH CURRENT FEDERAL AND STATE FLOOD-PROOFING REQUIREMENTS TO
A MINIMUM OF THE 100 EYAR FLOOD ELEVATION; 6) A RETAINING WALL
SHALL BE INSTALLED ON THE EAST SIDE OF THE HOME TO MAINTAIN
EXISTING ELEVATION AND DRAINAGE ALONG THE EASTERN PROPERTY
LINE; 7) THE BUILDER SHALL GRADE THE PROPERTY TO CONFORM WITH
THE GRADING PLAN DATED FEBRUARY 11, 2000; 8) THE VERIFYING SURVEY
SHALL CONFIRM THAT THE GRADING COMPLIES WITH THE GRADING PLAN
DATED FEBRYARY 11, 2000; 9) EROSION CONTROL MEASURES SHALL BE
INSTALLED ALONG THE WEST, SOUTH, AND EAST LOT LINES PRIOR TO ANY
WORK DONE ON THIS SITE; 10) THE PETITIONER SHALL EXECUTE AND
RECORD AGAINST THE PROPERTY A HOLD HARMLESS AGREEMENT
THE APRIL 10, 2000 MINUTES OF THE FRIDLEY CITY COUNCIL PAGE 38
RELEASING THE CITY FROM LIABILITY IF DAMAGE OCCURS AS A RESULT OF
FLOODING; 11) PETITIONER SHALL PLANT A MINIMUM OF FIVE TREES.
THESE FIVE TREES CAN BE A COMBINATION OF OVER-STORY DECIDUOUS
TREES HAVING A 2.5 INCH MINIMUM CALIPER AT PLANTING AND
CONIFEROUS TREES AT LEAST SIX FEET IN HEIGHT AT THE TIME OF
PLANTING; 12) STAFF MUST APPROVE THE REMOVAL OF ANY ADDITIONAL
TREES; AND 13) THE HEIGHT OF THE STRUCTURE SHALL NOT EXCEED 30
FEET AS MEASURED FROM THE STREET ELEVATION, WHICH IS 818.54 FEET.
5. RECEIVE BIDS AND AWARD CONTRACTS FOR THE 2000 PLAYGROUND
EQUIPMENT UPGRADES, PROJECT NO. 328:
Mr. Burns, City Manager, stated that this is the si�th and final year of the current playground
equipment upgrade program. Parks included in this year's program include Community, Flanery,
Locke, Jubilee and Creekridge. Bids were opened on March 22. Neighbors in the areas served
by the parks were afforded an opportunity to review the various proposals. The Parks and
Recreation subsequently considered citizen input and recommended that the bids for all parks but
Creekridge be awarded to Flanagan Sales. These amounts come to a total of $113,000. They
also recommend that the bid for Creekridge Park be awarded to Minnesota/Wisconsin
Playgrounds, Inc. in the amount of $21,000. Staffrecommended Council's approval.
Mayor 7orgenson stated that the playground equipment had been removed from the capital
improvements budget. They approved the budget for the year 2000. There was an appropriation
to the budget to allow for the equipment. She asked where the funds would come from to pay for
this equipment.
Mr. Burns stated that it would come from the Parks Capital Improvement fund.
Mayor Jorgenson asked if this came with a recommendation from the Parks and Recreation
Commission.
Mr. Burns stated that they did not have a quorum for the ne�t meeting so they did not recommend
it.
Mayor Jorgenson asked if they could wait until the ne�t meeting to get their recommendation.
Mr. Burns stated that they would like to start ordering equipment and installing it for the summer.
Mayor Jorgenson stated that her concern is that when this item was removed from the budget, the
Parks and Recreation Commission was recorded as being concerned about the removal of this
item.
Mr. Burns stated that the Parks Capital Improvement budget has ample balances for this.
THE APRIL 10, 2000 MINUTES OF THE FRIDLEY CITY COUNCIL PAGE 39
MOTION by Councilmember Bolkcom to receive the bid and award contracts for the 2000
playground equipment upgrades, Project No. 328. Seconded by Councilmember Barnette.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR JORGENSON DECLARED THE
MOTION CARRIED UNANIMOUSLY.
15. INFORMAL STATUS REPORTS:
Mr. Burns stated that he has nothing for informal status reports.
ADJOURN:
MOTION by Councilmember Bolkcom to adjourn the meeting. Seconded by Councilmember
Wolfe.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR JORGENSON DECLARED THE
MOTION CARRIED UNANIMOUSLY AND THE CITY COUNCIL MEETING OF
APRIL 10, 2000 WAS ADJOURNED AT 11:30 P.M.
Respectfully submitted,
Signe L. Johnson Nancy J. Jorgenson
Recording Secretary Mayor