10/09/2000 - 00008817THE MINUTES OF THE REGULAR MEETING OF THE FRIDLEY CITY COUNCIL
OF OCTOBER 9, 2000
The Regular Meeting of the Fridley City Council was called to order by Mayor Jorgenson at
7:30 p.m.
PLEDGE OF ALLEGIANCE:
Mayor Jorgenson led the Council and audience in the Pledge of Allegiance to the Flag.
PROCLAMATIONS:
Minnesota Manufacturer's Week: October 16 - 22_ 2000
ROLL CALL:
MEMBERS PRESENT: Mayor 7orgenson, Councilmember Barnette, Councilmember
Billings, Councilmember Wolfe, and Councilmember Bolkcom
MEMBERS ABSENT: None
STATEMENT OF MEETING CONDUCT:
Mayor Jorgenson read the following: 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 others with the same degree of
courtesy and respect in 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.
APPROVAL OF MINUTES:
City Council Meetin'°� of September 25, 2000.
APPROVED.
NEW BUSINESS:
1. RECEIVE THE MINUTES OF THE PLANNING COMMISSION MEETING OF
SEPTEMBER 20, 2000:
RECEIVED THE MINUTES OF THE PLANNING COMMISSION MEETING OF
SEPTEMBER 20, 2000.
FRIDLEY CITY COUNCIL MEETING OF OCTOBER 9, 2000 PAGE 2
2. MASTER PLAN AMENDMENT AND PROJECT PLAN APPROVAL, MPA
#00-01, BY MEDTRONIC INC., TO CONSTRUCT A FREE-STANDING DAY
CARE CENTER, GENERALLY LOCATED AT THE CORNER OF
MEDTRONIC PARKWAY AND SEVENTH STREET (WARD 1):
Mr. Burns, City Manager, stated that Medtronic is proposing an 11,270 square foot, free -
standing daycare facility at the southeast corner of Seventh Street and Medtronic
Parkway. The daycare facility would be for Medtronic employees only and will be
licensed for up to 120 children, infant to toddlers. A free-standing daycare facility is now
proposed because there were too many safety issues with this type of use within one of
the Phase I buildings. Because the location of the daycare facility is different than the
original master plan approved last year, Medtronic has submitted the proposed plan in
conformance with the requirements of the S-2, Redevelopment District.
Mr. Burns stated that the Housing and Redevelopment Authority reviewed the plan on
October 5 and recommended Council's approval. Staff also recommended Council's
approval.
APPROVED MASTER PLAN AMENDMENT AND PROJECT PLAN
APPROVAL, MPA #00-01 WITH THE FOLLOWING FOUR STIPULATIONS: 1)
UTILITY CONNECTIONS TO SEVENTH STREET SHALL BE MADE BY
NOVEMBER 15, 2000; 2) THE DUMPSTER SHALL BE FULLY SCREENED; 3)
THE PETITONER SHALL COMPLY WITH ALL APPLICABLE LICENSING
REQUIREMENTS; AND 4) A PERFORMANCE BOND FOR THE PARKING,
LANDSCAPING, AND IRRIGATION IMPROVEMENTS SHALL BE
SUBMITTED IN CONJUNCTION WITH THE BUILDING PERMIT.
3. SPECIAL USE PERMIT, SP #00-10, BY VANMAN COMPANIES ARCHITECTS
AND BUILDERS, INCL; TO BUILD AN ADDITION TO AN EXISTING CHURCH
BUILDING (REDEEMER LUTHERAN CHURCH) WITHIN A RESIDENTIAL
DISTRICT, GENERALLY LOCATED AT 61 MISSISSIPPI WAY N.E. (WARD 3):
Mr. Burns, City Manager, stated that Redeemer Lutheran Church is proposing a two-
phase expansion. The first phase is the construction of a platform at the west end of the
existing gymnasium in order to obtain additional storage and performance space. The
second phase consists of the construction of a new church entrance, gathering space, and
offices within the existing alcove created by the church's existing configuration. Staff
recommended Council's approval with four stipulations.
APPROVED SPECIAL USE PERMIT, SP #00-10, BY VANMAN COMPANIES
ARCHITECTS AND BUILDERS, INC. WITH THE FOLLOWING
STIPULATIONS: 1) CITY STAFF SHALL REVIEW AND APPROVE
MASONRY PRODUCT TO BE USED ON PHASE I EXTERIOR EXPANSION; 2)
ALL NECESSARY PERMITS MUST BE OBTAINED PRIOR TO BEGINNING
CONSTRUCTION; 3) CHURCH MUST ACCOMMODATE ALL OF THEIR
PARKING NEEDS ON THEIR OWN SITE; AND 4) SPECIAL USE PERMIT SP
#00-10 SHALL REPLACE SPECIAL USE PERMIT SP #84-08.
FRIDLEY CITY COUNCIL MEETING OF OCTOBER 9, 2000 PAGE 3
4. PRELIMINARY PLAT, P.S. #00-02, BY BRICKNER BUILDERS, TO CREATE
TWO LOTS FOR SINGLE FAMILY HOME DEVELOPMENT, GENERALLY
LOCATED AT 7440 BACON DRIVE N.E. (WARD 2):
Mr. Burns, City Manager, stated that two lots are proposed to be created from a.52-acre
lot at the southwest corner of 75th Avenue and Bacon Drive opposite Flannery Park.
Each lot exceeds the 9,000 square foot minimum, with Lot 1 being 12,530 square feet and
Lot 2 being 10,127 square feet. Lot 1 is on the corner and would have 94 feet of lot
width, well in excess of the 80-foot minimum for corner lots. The e�sting house has
been torn down. Staffrecommended Council's approval with nine stipulations.
APPROVED PRELIMINARY PLAT, P.S. #00-02 WITH THE FOLLOWING
NINE STIPULATIONS: 1) PETITIONER SHALL OBTAIN ALL NECESSARY
PERMITS PRIOR TO CONSTRUCTION; 2) ANY REMAINING DEBRIS FROM
DEMOLITION OF EXISTING HOME AND ANY BRUSH PILES ON SITE
SHALL BE REMOVED PRIOR TO GRANTING OF FINAL PLAT; 3) GRADING
AND DRAINAGE PLAN TO BE APPROVED BY CITY'S ENGINEERING
STAFF PRIOR TO THE ISSUANCE OF ANY BUILDING PERMITS, IN ORDER
TO MINIMIZE IMPACTS TO THE SURROUNDING PROPERTIES; 4)
PROVIDE PROOF THAT ANY EXISTING WELLS OR INDIVIDUAL SEWAGE
TREATMENT SYSTEMS LOCATED ON THE SITE ARE PROPERLY CAPPED
OR REMOVED; 5) DURING CONSTRUCTION, SILT FENCING SHALL BE
USED WHERE APPLICABLE; 6) PETITIONER TO PAY $750 PER LOT PARK
FEES PRIOR TO ISSUANCE OF BUILDING PERMITS; 7) PETITIONER TO
PAY ALL WATER AND SEWER CONNECTION FEES; 8) THE PETITIONER
SHALL AGREE TO PRESERVE MATURE TREES TO THE EXTENT
POSSIBLE. ALL TREES REQUIRED TO BE REMOVED FOR THE NEW
HOMES SHALL BE MARKED AND APPROVED BY CITY STAFF PRIOR TO
ISSUANCE OF BUILDING PERMITS; AND 9) PETITIONER SHALL PROVIDE
A TWELVE FOOT DRAINAGE AND UTILITY EASEMENT ALONG THE
WESTERLY PROPERTY LINE OF PROPOSED LOTS 1 AND 2.
5. SPECIAL USE PERMIT, SP #00-09, BY APT MINNESPOLIS, INC., FOR THE
INSTALLATION AND OPERATION OF A WIRELESS TELE-
COMMUNICATIONS TOWER, GENERALLY LOCATED AT 7900 BEECH
STREET N.E. (WARD 3):
Mr. Burns, City Manager, stated that APT is proposing to construct a monopole at the
west side of the Park Construction site near the railroad tracks. APT researched other
approved sites in the vicinity and determined that the proposed site was the most suitable.
Staff recommended Council's approval with ten stipulations.
APPROVED SPECIAL USE PERMIT, SP #00-09 WITH THE FOLLOWING TEN
STIPULATIONS: 1) THE PETITIONER OR SUCCESSORS SHALL INSTALL
AND MAINTAIN THE PROPOSED EQUIPMENT SO THAT IT BLENDS INTO
THE SURROUNDING ENVIRONMENT; 2) A NON-CORROSIVE FINISH
SHALL BE USED TO PAINT THE POLE AN "EGGSHELL" WHITE; 3) THE
TOWER SHALL NOT BE ARTIFICIALLY ILLUMINATED EXCEPT AS
REQUIRED BY THE FEDERAL AVIATION ADMINISTRATION (FAA); 4) ALL
FRIDLEY CITY COUNCIL MEETING OF OCTOBER 9, 2000 PAGE 4
SCREENING PLANTINGS SHALL BE INSTALLED IN ACCORDANCE WITH
THE LANDSCAPE PLAN, DATED J[TLY 21, 2000, SUBMITTED BY APT; 5)
THE FACILITY SHALL BE DESIGNED TO DISCOURAGE UNAUTHORIZED
ENTRY; 6) A BUILDING PERMIT SHALL BE OBTAINED PRIOR TO
COMMENCEMENT OF INSTALLATION OF ANY FACILITY EQUIPMENT
ON THIS SITE; 7) NO SIGNS OTHER THAN WARNING OR EQUIPMENT
INFORMATION SIGNS ARE PERMITTED AS PART OF THIS APPLICATION;
8) ANY FUTURE PLACEMENT OF ANTENNAE ON THE TOWER SHALL
REQUIRE REVIEW BY THE CITY TO DETERMINE IF THE EQUIPMENT
LOCATION REQUIRES ADDITIONAL STIPULATIONS OR A REVISED
SPECIAL USE PERMIT; 9) PETITIONER SHALL UTILIZE EXISTING DRIVE;
ANY NEW DRIVES TO BE CREATED NEED TO BE PAVED IN
ACCORDANCE WITH CITY CODE; AND 10) NO BARBED WIRE SHALL BE
USED ON THE FENCE SURROUNDING THIS STRUCTURE.
6. REQUEST BY THE FRIDLEY HOUSING AND REDEVELOPMENT
AUTHORITY (HRA) TO REMOVE TREES ON THE GATEWAY EAST
PROJECT SITE, GENERALLY LOCATED NEAR THE CORNER OF 57Tx
AVENUE AND UNIVERSITY AVENUE (WARD 1):
Mr. Burns, City Manager, stated that Chapter 510 of the City Code requires the Parks and
Recreation Commission, Planning Commission, and the City Council to consider removal
of trees on "public" property. The HRA would like to remove some of the trees located
in the Gateway East Project on the former JR Automotive site and the vacant parcel to the
east. These trees would eventually be removed by construction anyway, but earlier
removal is suggested, as a result of safety concerns expressed by residents in the area.
The Parks and Recreation Commission recommended approval at its October 2 meeting.
The Planning Commission does not have any items for consideration in October, and
rather than schedule a Planning Commission meeting just for this one item, staff
recommended Council's approval.
REMOVED FROM CONSENT AGENDA AND PLACED AFTER ITEM NO. 33
FOR DISCUSSION.
7. APPROVE CHANGE ORDER NO. 4 TO STREET IMPROVEMENT PROJECT
NO. ST. 2000 - 1:
Mr. Burns, City Manager, stated that the change order is needed to cover the cost of
additional storm sewer installation and catch basins on the University Avenue East
Service Drive. It is also needed to cover the cost of resurfacing the Madsen Park parking
lot. The cost for the additional work on the service drive is $18,045. The cost for the
resurfacing of the Madsen Park lot is $14,025. The total cost of Change Order No. 4 is
$32,070. This brings the total project cost to $708,826.80. Staffrecommended Council's
approval.
APPROVED CHANGE ORDER NO. 4 TO STREET IMPROVEMENT PROJECT
NO. ST. 2000-1.
FRIDLEY CITY COUNCIL MEETING OF OCTOBER 9, 2000 PAGE 5
8. RESOLUTION NO. 87-2000 ABATING SPECIAL ASSESSMENTS FOR THE
RIVERVIEW HEIGHTS AREA IMPROVEMENT PROJECT (WARD 3):
Mr. Burns, City Manager, stated that on May 8, Council approved a resolution certifying
assessments related to the Riverview Heights Improvement Project. During the
discussion that evening, a few residents had not completed some property combinations
in order to reduce their number of assessable parcels. Staff recommended Council's
approval.
ADOPTED RESOLUTION NO. 87-2000.
9. RESOLUTION NO. 88-2000 RELATING TO THE CITY OF FRIDLEY'S TAX
RATE AUTHORIZATION FOR THE YEAR 2001:
Mr. Burns, City Manager, stated that the State Legislature passed a law in 1999 that
forced the City to calculate a theoretical net tax capacity rate. That theoretical rate is
determined by subtracting our 2000 fiscal disparities distribution from the City's 2000
budget levy. The remainder is divided by the total tax capacity for Fridley for 2001. If
the year 2001 tax capacity rate exceeds this theoretical tax capacity rate, the City must
reduce the budget levy. In order to prevent this from happening, Council is authorized to
pass a resolution that allows the City to use a tax capacity rate that may be higher than the
theoretical rate, which is what staff proposed. The budget levy will remain as approved
by Council on August 28. Had the required information been available to calculate the
theoretical tax capacity rate in August, staff would have presented this resolution at the
time staff presented the budget levy. Staff recommended Council's approval.
ADOPTED RESOLUTION NO. 88-2000.
10. APPOINTMENT
Mr. Burns, City Manager, stated that staff recommended the appointment of two
employees. The first is Jane Oster to the position of Receptionist/Licensing Clerk This
position was vacated by Sue Anne Kirkham as a result of her recent promotion to another
position within the City. Jane has worked for the City since 1993 as a Liquor Store
Clerk She was appointed lead clerk in 1999. She is a 1982 Graduate of the Hennepin
Technical Center.
The second appointment is the appointment of Kenneth J. Small to the position of Public
Services Worker - Sewer. Mr. Small has been employed by the General Mills-Purity
Oats Division in Minneapolis for the last twelve years.
APPOINTED JANE OSTER AND KENNETH SMALL.
11. CLAIMS:
APPROVED CLAIM NOS. 95699 THROUGH 95929.
FRIDLEY CITY COUNCIL MEETING OF OCTOBER 9, 2000 PAGE 6
12. LICENSES:
APPROVED ALL LICENSES AS SUBMITTED AND AS ON FILE WITH THE
LICENSE CLERK.
13. ESTIMATES:
APPROVED ESTIMATES AS FOLLOWS:
Frederic W. Knaak, Esp.
Holstad and Knaak, P.L.C.
3535 Vadnais Center Drive
St. Paul, MN 55110
Services Rendered as City Attorney for the Month of
September, 2000 $ 5,000.00
W.B. Miller, Inc.
6701 Norris Lake Road N.W.
Elk River, NIN 55330
2000 Street Improvement Project No. ST. 2000-1
Estimate No. 7 $131,422.28
APPROVAL OF PROPOSED CONSENT AGENDA:
Mayor Jorgenson stated that she would like Item No. 6 to be removed for discussion.
MOTION by Councilmember Barnette to approve the proposed consent agenda with the
exception of Item No. 6. Seconded by Councilmember Bolkcom.
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 addition of Item No. 6 to be
placed after Item No. 33. Seconded by Councilmember Bolkcom.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR JORGENSON DECLARED THE
MOTION CARRIED UNANIMOUSLY.
OPEN FORUM,VISITORS:
No visitors in the audience spoke.
FRIDLEY CITY COUNCIL MEETING OF OCTOBER 9, 2000 PAGE 7
PUBLIC HEARING:
14. TO EVALUATE THE CABLE SYSTEM FRANCHISE PROPOSAL SUBMITTED
BY WIDEOPENWEST MINNESOTA, LLC (CONTINUED FROM SEPTEMBER
25 2000 :
MOTION by Councilmember Bolkcom to remove this item from the table. Seconded by
Councilmember Billings.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR JORGENSON DECLARED THE
MOTION CARRIED AND THE PUBLIC HEARING WAS OPENED AT 7:42 P.M.
Mr. Burns stated that staff recommended that the hearing be continued.
No persons in the audience spoke regarding this item.
MOTION by Councilmember Billings to continue this public hearing on October 23. Seconded
by Councilmember Bolkcom.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR JORGENSON DECLARED THE
MOTION CARRIED UNANIMOUSLY.
15. CONSIDERATION OF A ZONING TEXT AMENDMENT, ZTA #00-02, BY
QWEST WIRELESS, LLC, TO CREATE AN APPROVED SITE FOR THE
INSTALLATION OF TOWERS OR WIRELESS TELECOMMUNICATIONS
FACILITIES, GENERALLY LOCATED IN THE RIGHT-OF-WAY AT 1200
CHERI LANE N.E. (WARD 1):
MOTION by Councilmember Billings to open the public hearing. Seconded by Councilmember
Bolkcom.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR JORGENSON DECLARED THE
MOTION CARRIED UNANIMOUSLY AND THE PUBLIC HEARING OPENED AT
7:47 P.M.
Ms. Dacy, Community Development Director, stated that this request was to amend Appendix A
of the O-5 Telecommunication District for an approved site for wireless tele-communications
services. Qwest wants to install an antenna on a Northern States Power Company (NSP) pole
located in the right-of-way north of Menards along the Cheri Lane right-of-way. There is a pole
there, and Qwest would like to take that down, build a new one, and put an antenna on top of
that. They are also proposing the above ground equipment to service that antenna. This process
is unique. The O-5 District created a number of approved sites throughout the City to allow
these as a permitted use. To create an approved site Qwest must go through a process similar to
the rezoning process. The telecommunications overlay zoning ordinance establishes a number of
criteria for these sites. Qwest gave the communication facility of Larpenter as an example of the
cylinder design they would use. The antenna meets the location principles in the ordinance and
raises the issue that this is a shorter facility and pole and is less obtrusive. The majority of the
criteria have been met. The City is going to see more of these types of facilities on light and
electric poles. Some facilities need a lot of ground equipment. This increases the clutter and
FRIDLEY CITY COUNCIL MEETING OF OCTOBER 9, 2000 PAGE 8
equipment in the right-of-way. More antennas on the pole would detract efforts to camouflage
these facilities as best as possible.
Ms. Dacy stated that the Planning Commission recommended approval with a stipulation that the
ground equipment should be installed above grade after hearing the testimony from the
petitioner.
Councilmember Billings asked Ms. Dacy to clarify the position of staff regarding the above or
underground facilities.
Ms. Dacy stated that staff felt it should go underground because this application represents the
wave of the future. Council will be seeing more of these. The right-of-way will become more
and more popular with more facilities requiring ground equipment. The City is establishing this
site location as an approved site. One part of the ordinance is to camouflage the facilities which
is very visible site along I-694. It is a reasonable stipulation to camouflage.
Councilmember Billings asked what the response is to ventilating equipment being almost as
obtrusive as the equipment itself.
Ms. Dacy stated that the issue for the below grade vault is cost. It is more expensive, and the
above ground equipment is one box instead of a larger set of boxes. At some point, a statement
has to be made as to what is acceptable in terms of what is located in the right-of-way. There is
more land area on this particular site to do it.
Mr. Flora, Public Works Director, stated that it is also a safety item. Any vehicles leaving the
roadway would have a tendency to crash into it.
Mayor Jorgenson asked if a ventilation system would require fans.
Ms. Dacy stated that it probably does require fans.
Councilmember Bolkcom asked how close this was to the road.
Ms. Dacy stated that there is about 30 feet between the curb line and the right-of-way.
Councilmember Bolkcom stated that she thought above ground facilities did not look that bad,
especially with landscaping around them. She asked if there was any other community where
this is underground.
Ms. Dacy stated that the above ground facility is about four feet tall. She said that the city
ordinances of St. Paul and Minneapolis have not required the petitioner to place equipment
underground, but provisions do exist in various parts of the City's ordinances. There are
municipal examples to require such installation. She thought this might happen in the future
where there is not a lot of space along the roadside.
Councilmember Wolfe asked where the vehicles would be coming from in this particular area
and where they might crash into the facilities.
Mr. Flora stated that they would be coming on Cheri Lane. There is a curve by the parking lot.
FRIDLEY CITY COUNCIL MEETING OF OCTOBER 9, 2000 PAGE 9
Councilmember Wolfe stated that neither direction goes toward that facility.
Councilmember Billings stated that on an icy slippery day, cars might end up just about
anywhere. The City engineer's point of view is that they strive to put the fewest amount of
obstructions in the right-of-way as possible.
Councilmember Wolfe stated that this particular area is set far away from the street.
Ms. Dacy stated that the petitioner submitted a landscaping plan that proposes six-foot tall
arborvitae species around the facilities.
Mr. Larry Colemen, Qwest Wireless, stated that they have equipment on three approved sites
already. They tried to use the Matterhorn Drive water tank, but it would not provide the
coverage they need. They need to be near the intersection to fill the gap in the coverage, and that
is why they have chosen that location. He said they have over 400 sites in Minnesota, and over
3,000 system wide. Not one is underground. Equipment has to be sealed from the environment
if it is underground. This means putting it in a vault. The vault has to be humidity and
temperature controlled with a sump pump. There would be an air conditioning unit, as well as
room for access for people to come into the vault. Room would have to be made for the cabinet
doors to swing open so the equipment can be serviced. Rather than having ground equipment
that is 2.5 feet by 9 feet, you end up having equipment that is 20 feet by 20 feet and 11 feet deep.
Cable providers would not be able to run the cable through the vault. They would have to go
under or around. The air conditioning unit would be quite large also. This creates a huge area
that will be wider than the ground equipment. The landscaping would include some evergreens
around there so the equipment would not be seen. The Planning Commission recommended that
brown paint be used, but because of technical reasons related to the color brown attracting more
heat, a heat shield would need to be used.
Mr. Flora stated that the ground space would still be the same amount of area, and Qwest would
still have to service the cabinet from both sides.
Mr. Coleman stated that they would have to open the doors. The space with the landscaping
would still take up about the same amount of area as underground.
Mayor Jorgenson asked if someone was to co-locate on the pole, if they could also put up similar
equipment.
Mr. Coleman stated that it would depend on the carrier. Some carriers have a box similar to the
transformer box, and other carriers have larger equipment. Some carriers are able to
accommodate their equipment on the poles.
Mayor 7orgenson asked if the facility would be large enough to accommodate another user if it
was underground.
Mr. Coleman stated that it would not be large enough.
Mayor 7orgenson asked if there were other utilities adjacent to this.
Mr. Flora stated that there are none. One sewer line goes to the north and one goes to the east.
FRIDLEY CITY COUNCIL MEETING OF OCTOBER 9, 2000 PAGE 10
Councilmember Billings stated that the coverage area is needed down here rather than by the
water tower. He asked if there was adequate coverage on top of the hill.
Mr. Coleman stated that it overshoots the coverage objective because it is too high to cover the
low areas.
Councilmember Billings asked if the installation of this pole would enable the signal to be
received on top of the hill. Right now, he just turned in eight cellular phones with Qwest,
because they could not get a signal at his home on top of the hill. His home is 60 yards from the
water tower up on Manor Drive.
Mr. Mitchell, Radio Frequency Engineer of Qwest, stated that Qwest currently has sites
surrounding this area. There is a very challenging problem along the hill. This proposed
solution is a very low site which would fill in that area. Based on the drive test, Qwest would
know if this would work on the hill area. This particular site would have a one-quarter to one-
half mile of service radius.
Councilmember Billings asked if one of the concerns with the above ground equipment was the
possible multiple location proliferation of this type of equipment throughout the City. He asked
if the City would be setting a precedent by putting this underground at this location.
Mr. Knaak, City Attorney, stated that nothing that Council would do, unless they established a
precedent, necessarily creates a precedent for future placement locations. The concept of
modifying the ordinance and allowing for these kinds of places gives a considerable amount of
discretion. This is not quite the ne� step and is a singular easily acceptable exception to the
general rule in which the City could say that the circumstances were unique enough. Mr. Knaak
did not think it was Council's intent to create a precedent.
Councilmember Billings asked if Council could go ahead with the recommendation from the
Planning Commission and not lock themselves into an above-ground facility at all future
installations.
Mr. Knaak stated that was correct.
Mr. Coleman stated that this is a site to fill in a coverage gap.
MOTION by Councilmember Billings to close 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 8:25 P.M.
16. PROPOSED ASSESSMENT FOR THE 2000 WEED ABATEMENT:
MOTION by Councilmember Bolkcom to 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 OPENED AT 8:25 P.M.
FRIDLEY CITY COUNCIL MEETING OF OCTOBER 9, 2000 PAGE 11
Mr. Pribyl, Finance Director, stated that this was the annual assessment for the properties that the
City expended resources for mowing grass in accordance with the City ordinance. The total
amount for the properties is $354.11 and is for a duration of one year at 6.5 percent interest. A
resolution will be presented.
Mayor Jorgenson stated that this was a lot less than last year's assessment.
Councilmember Bolkcom asked if there were two or three properties.
Mr. Pribyl stated that there are three assessed parcels with one address having two parcels
associated with it.
Councilmember Bolkcom asked if letters were sent to notify these people.
Mr. Pribyl stated that numerous letters were sent.
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 8:30 P.M.
17. PROPOSED ASSESSMENT FOR THE 2000 NUISANCE ABATEMENT:
MOTION by Councilmember Barnette 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 8:30 P.M.
Mr. Pribyl, Finance Director, stated that this is the annual assessment for those properties that the
City has expended its resources. In this case, it is regarding clean-up activities in which four
properties were assessed. The proposed amount of the assessment is $4,840.80. The assessment
is for one year at 6.5 percent interest. The City received a letter of objection from Ms. Shelly
Garber, 5800 Tennison Drive.
MOTION by Councilmember Barnette to receive the letter. Seconded by Councilmember
Bolkcom.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR JORGENSON DECLARED THE
MOTION CARRIED UNANIMOUSLY.
Councilmember Bolkcom asked if there were five properties.
Mr. Pribyl stated that was correct. The one identified as 125 Alden Circle had taken care of the
nuisance issue prior to the meeting.
MOTION by Councilmember Bolkcom to close the public hearing. Seconded by
Councilmember Billings.
FRIDLEY CITY COUNCIL MEETING OF OCTOBER 9, 2000 PAGE 12
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR JORGENSON DECLARED THE
MOTION CARRIED UNANIMOUSLY AND THE PUBLIC HEARING WAS CLOSED
AT 8:31 P.M.
18. PROPOSED ASSESSMENT FOR THE 2000 TREE ABATEMENT:
MOTION by Councilmember Bolkcom to open the public hearing. Seconded by
Councilmember Billings.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR JORGENSON DECLARED THE
MOTION CARRIED AND THE PUBLIC HEARING WAS OPENED AT 8:31 P.M.
Mr. Pribyl, Finance Director, stated that this is the annual assessment in which residents actually
had the City remove a tree per an agreement. On this particular assessment, there is one diseased
or damaged tree that was removed. Under the project assessment area there was one property at
579 Hugo Street. The total amount of the assessment is $2,288.13.
MOTION by Councilmember Bolkcom to close the public hearing. Seconded by
Councilmember Wolfe.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR JORGENSON DECLARED THE
MOTION CARRIED UNANIMOUSLY AND THE PUBLIC HEARING WAS CLOSED
AT 8:32 P.M.
19. PROPOSED ASSESSMENT FOR EAST RIVER ROAD IMPROVEMENT
PROJECT NO. 1995 - 4:
MOTION by Councilmember Bolkcom to open the public hearing. Seconded by
Councilmember Barnette.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR JORGENSON DECLARED THE
MOTION CARRIED UNANIMOUSLY AND THE PUBLIC HEARING WAS OPENED
AT 8:34 P.M.
Mr. Pribyl, Finance Director, stated that this assessment was for the East River Road street
project. It included the concrete, curb, and gutter for the 1995-4 project along East River Road
from Lafayette Street to Kimball Street. This project assessed the cost at $10 per lineal front
foot. Under the project, there was a total assessed cost of $3,654.18. The assessment period for
this project is ten years at 6.5 percent interest.
MOTION by Councilmember Bolkcom to close the public hearing. Seconded by
Councilmember Barnette.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR JORGENSON DECLARED THE
MOTION CARRIED UNANIMOUSLY AND THE PUBLIC HEARING WAS CLOSED
AT 8:36 P.M.
FRIDLEY CITY COUNCIL MEETING OF OCTOBER 9, 2000 PAGE 13
20. PROPOSED ASSESSMENT FOR CENTRAL AVENUE IMPROVEMENT
PROJECT NO. 1998 - 4:
MOTION by Councilmember Barnette to open the public hearing. Seconded by Councilmember
Wolfe.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR JORGENSON DECLARED THE
MOTION CARRIED UNANIMOUSLY AND THE PUBLIC HEARING WAS OPENED
AT 8:36 P.M.
Mr. Pribyl, Finance Director, stated that this pertains to the concrete, curb, and gutter portion of
the 1998-4 project. The project area was along Central Avenue from 66th Avenue through
Osborne Road. There are 23 affected properties. The final cost is $9.63 per lineal front foot.
The project's total assessed cost is $129,856.91. It will be assessed over a period of ten years at
6.5 percent interest.
MOTION by Councilmember Wolfe to close the public hearing. Seconded by Councilmember
Billings.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR JORGENSON DECLARED THE
MOTION CARRIED UNANIMOUSLY AND THE PUBLIC HEARING WAS CLOSED
AT 8:37 P.M.
21. PROPOSED ASSESSMENT FOR STREET IMPROVEMENT PROJECT NO. ST.
2000 - 1:
MOTION by Councilmember Billings 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 8:37 P.M.
Mr. Pribyl, Finance Director, stated that this project pertains to the concrete, curb, and gutter
portion of the 2000-1 street improvement project. The project's assessment pertains to those
homes along the University East Service Drive to Osborne Road, and 74th Avenue from the
University Avenue East Service Drive to Lyric Lane, from Symphony Street from 73rd Avenue,
to 74th Avenue, from 73rd Avenue Service Drive to University Avenue and Able Street, and also
properties abutting 71st Avenue to the Northco Drive Development area. The total cost is
$105,346.16 assessed at $14.00 per lineal foot over a period of ten years at 6.5 percent interest.
Mayor Jorgenson asked for an explanation of why the cost is $14.00 per lineal foot.
Mr. Pribyl stated that it has to do with the contract cost for installation of concrete, curb, and
gutter.
Mr. Flora, Public Works Director, stated that the more concrete put in, the cheaper it gets for
them to provide the concrete.
FRIDLEY CITY COUNCIL MEETING OF OCTOBER 9, 2000 PAGE 14
MOTION by Councilmember Barnette to close the public hearing. Seconded by Councilmember
Billings.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR JORGENSON DECLARED THE
MOTION CARRIED UNANIMOUSLY AND THE PUBLIC HEARING WAS CLOSED
AT 8:39 P.M.
22. PROPOSED ASSESSMENT FOR THE RICE CREEK PHASE 2 BANK
STABILIZATION PROJECT:
MOTION by Councilmember Bolkcom to open the public hearing. Seconded by
Councilmember Barnette.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR JORGENSON DECLARED THE
MOTION CARRIED UNAMIMOUSLY AND THE PUBLIC HEARING WAS OPENED
AT 8:39 P.M.
Mr. Pribyl, Finance Director, stated that this pertains to stabilizing the creek bank along Rice
Creek The assessment pertains to those homes that actually border Rice Creek from University
Avenue downstream to the railroad tracks. This assessed project cost is at $17,800.00 assessed
at $10.00 per lineal foot, over a period of ten years at 6.5 percent interest.
MOTION by Councilmember Bolkcom to close the public hearing. Seconded by
Councilmember Barnette.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR JORGENSON DECLARED THE
MOTION CARRIED UNANIMOUSLY AND THE PUBLIC HEARING WAS CLOSED
AT 8:40 P.M.
OLD BUSINESS:
23. RESOLUTION NO. 89-2000 REGARDING ADVANCED CORRIDOR PLAN FOR
THE NCDA NORTHSTAR COMMUTER RAIL STATION (TABLED
SEPTEMBER 25, 2000):
MOTION by Councilmember Billings to remove this item from the table. Seconded by
Councilmember Bolkcom.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR JORGENSON DECLARED THE
MOTION CARRIED UNANIMOUSLY.
Ms. Dacy, Director of Community Development, stated that at the last City Council meeting,
Council reviewed some issues with the process and the proposed commuter rail site at 61st
Avenue and 61st Way. Council took comment on the revised plan which reduced the parking
spaces on the east side of the proposed commuter rail park-and-ride facility and proposed a
different size parking facility on the west side of the railroad tracks. Pursuant to State Statute,
within 45 days of the hearing that was conducted by the Northstar Corridor Development
Authority, (N.C.D.A.) on September 7, 2000, the city or town shall approve or disapprove the
location and design of the station to be located in the city or the town. The city or town that
FRIDLEY CITY COUNCIL MEETING OF OCTOBER 9, 2000 PAGE 15
disapproves shall describe specific amendments to the plan that if adopted, would cause the City
to withdraw its disapproval. The 45-day timeframe expires on midnight of October 23. Once
Council submits this action to the N.C.D.A., is then submitted it to the Commissioner of
Transportation. The N.C.D.A. has instituted a policy of another option for cities along the
corridor. That option is to approve the proposed station site with conditions. The N.C.D.A. has
adopted a policy to respond to the communities within 45 days of action on the Advanced
Corridor Plan.
Ms. Dacy stated that staff put together a four-page resolution that recites and outlines the City's
understanding of the project proposed on the e�sting railroad tracks. It documents that the City
conducted three meetings. It also reviews and documents the public comments during those
hearings. The location, crime concerns, and other issues are addressed in the "whereas"
statements. It proposes that the City follow the State statutes. The resolution identifies a list of
other issues that the N.C.D.A and the Commissioner of Transportation should address. The
resolution, as summarized, states that the proposed Advanced Corridor Plan in August is
disapproved, and the City requests that the N.C.D.A. and the Commissioner of Transportation
evaluate other possible station locations that would create less of an impact on a residential
neighborhood. If the station is to be located at 61st Way and 61st Avenue, it would place a
number of site design conditions on the plan submitted on September 20. The resolution is
saying that it is proposing this particular site with conditions pertaining to that design plan.
Those conditions reflect comments raised at the September 23 meeting.
Ms. Dacy stated that the resolution requests the Commissioner of Transportation and the
N.C.D.A to minimize all train whistles. It also requests them to appropriately reduce and
mitigate noise, consider location of the Central Security Control Facility as an anchor tenant
within a building on the four acre parcel on the east side of the railroad tracks. Another concern
is the ongoing maintenance of this station. The resolution requests them to arrange for
appropriate maintenance operations. The N.C.D.A. shall submit all required land use
applications and the City of Fridley reserves the right to place stipulations. It notifies the
N.C.D.A. that the City of Fridley reserves the right to install traffic control signage around the
station site and suggests that they review the benefiting parties of the signal lights at 61st Way. It
also requests evaluation of the current statutory process regarding the Advanced Corridor Plan.
The resolution requires them to evaluate and respond to the resolution and to return comments to
the City. The environmental impact statement are hearings will be held this fall.
MOTION by Councilmember Bolkcom to accept the four letters sent by Randy and Sue
Benedict; Ken and Carol Hughes; Delora Kristian; and Norris and Doris Knutson. Seconded by
Councilmember Billings.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR JORGENSON DECLARED THE
MOTION CARRIED UNANIMOUSLY.
Mayor Jorgenson asked if the neighborhood has been sent the resolution before us this evening.
Ms. Dacy stated that they have not. This was prepared last week and a copy of the resolution is
in the public copy of the agenda book.
Councilmember Barnette stated that the City really listened to some comments from the
meetings they had. On page 73 of the agenda book, it states that "The City Council of the City
FRIDLEY CITY COUNCIL MEETING OF OCTOBER 9, 2000 PAGE 16
of Fridley, hereby disapproves the station design as submitted by the Northstar Corridor
Development Authority, as submitted in the Advanced Corridor Plan transmitted to the City on
August 4, 2000." There are a number of things that the neighbors talked about. Councilmember
Barnette thanked Councilmembers Bolkcom, Billings, as well as City staff who worked out
these things to meet the requests of the neighbors. He felt it was a real process in democracy.
He did not think the City had the final say so on this subject. He asked if there was any idea of a
time line when a final decision might be made.
Mr. Tim Yantos, N.C.D.A. representative, stated that is the process they are working through
right now. Specific locations have to be identified within the ne�t couple of months. N.C.D.A.
hopes to make a final decision so the project can move forward.
Councilmember Bolkcom stated that the City had 45 days to respond. She asked how soon the
City could expect a response back from the Northstar Corridor or MnDOT.
Mr. Yantos stated that within the ne�t 45 days after October 23, they would, hopefully, be able to
respond to many of the issues all of the communities have addressed.
Councilmember Bolkcom asked about the environmental studies and the hearing on that would
happen.
Mr. Yantos stated that they would have a hearing somewhere in this vicinity hopefully by early
December.
Councilmember Bolkcom asked if who could direct their questions and information to.
Mr. Yantos stated that they could respond directly to the Commissioner of Transportation or
people to him as Director of the project.
Councilmember Billings stated that he wanted to thank Ms. Dacy and Mr. Hickok, Planning
Coordinator, for the tremendous amount of work they had put into this resolution. There are 35
findings of fact and thirteen actions the City is taking. He felt they listened to the concerns
expressed and covered each and every one of them in the resolution. He thanked the N.C.D.A.,
the Department of Transportation, and the BRW Engineering firm for the effort between the
Planning Commission meeting and the City Council meeting in addressing the concerns with the
actual site plan dated on September 20. He would like to make one small language change in the
resolution.
MOTION by Councilmember Barnette to approve the resolution regarding the advanced corridor
plan of the Northstar Commuter Rail Station. Seconded by Councilmember Billings.
MOTION by Councilmember Billings to amend the resolution starting at the second bullet from
the bottom: "The underpass shall be designed with the "switchback" on either side of the
railroad tracks, and shall be designed with some type of enclosure to protect pedestrians from
inclement weather, but yet allow an appropriate amount of light and air." Seconded by
Councilmember Bolkcom.
Councilmember Bolkcom stated that they wanted to continue the process to get any new
information. She asked if it would be in order to let members of the audience speak.
FRIDLEY CITY COUNCIL MEETING OF OCTOBER 9, 2000 PAGE 17
Mr. Dennis Johnson, 6336 Starlite Boulevard, asked why the project would have to have an
underground tunnel, if the project comes to e�st. He thought the tunnel would present more
problems because many people use 61st Avenue for the buses which is a safety hazard. If 61st
Avenue is blocked off, he thought people might cut through back yards. The existing fence that
has been there is getting worn out. He asked when the line from Bethel was going to start and
join the line coming down from Anoka through Fridley. He said the traffic through Sylvan Hills
still has not been addressed.
Mr. Yantos stated that MnDOT first designated the Northstar Corridor and then the Red Rock
Corridor which goes to Hastings. There also is a corridor that goes down to Lakeville. A variety
of different lines, including the Bethel line, are placed in the second phase and are projected to
be at least twenty years out.
Mayor Jorgenson asked if this would mean additional trains or cars added on to e�sting trains.
Mr. Yantos stated that there would be some ridership in Bethel. He said a train or two might be
added that would meet in Coon Rapids, for example.
Councilmember Billings asked if the N.C.D.A. has been doing any preliminary looks at a line
from Coon Rapids and Bethel at this point in time.
Mr. Yantos stated that they have not.
Councilmember Billings stated that they are strictly looking at St. Cloud at this time.
Mr. Yantos stated that was correct.
Mr. Todd Meissner, 6201 Starlite Boulevard, asked if the City of Fridley has the authority to say
no. He asked how Burlington Northern could say that N.C.D.A could not have a site on their
property. There is a lot of industrial property along the tracks that would better suit this station.
He was against the project from the start, but is pleased with staff and the way they are working
with the neighborhood to meet the neighborhood's needs. He asked if Burlington Northern was
willing to work with the neighborhood to install sound barriers. He asked if it was possible to
put in speed bumps if the traffic goes down Starlite Boulevard.
Mr. Flora stated that normally speed bumps are not constructed in the City because of snowplow
equipment. However, the City of Blaine's policy is that speed bumps can be installed if residents
want to pay for them and replace them if they change their minds.
Mr. Meissner stated that a snowplow is much easier to replace than a child that gets hit by a car.
Councilmember Bolkcom stated that this is something staff could look into.
Councilmember Wolfe asked if the bottom line was that the Commissioner of Transportation
would go forward with this project even if Fridley does not want it.
Mayor Jorgenson stated that the City is for the project, but the City can let the N.C.D.A. and the
Commissioner of Transportation know about the things the City is not very happy with. The
City can make suggestions and changes.
FRIDLEY CITY COUNCIL MEETING OF OCTOBER 9, 2000 PAGE 18
Councilmember Wolfe stated that the number one complaint he hears from so many people is the
amount of money that is going to be spent on the commuter rail. It is frustrating, but it sounds
like it is out of our control.
Mr. Burns stated that there are a lot of players in this project, including the State legislature
paying forty percent (40%) of the construction cost of the whole project.
Councilmember Wolfe stated that it seemed like investing millions of dollars in a project that a
few people would use.
Mr. Burns stated that he knows that mass transit had a tough time going in this neighborhood.
Councilmember Bolkcom stated that nothing is ideal. There have been many changes since the
first plan. The railroads can basically do what they want to do. This is just the first phase.
Looking at sound barriers would be part of the environmental study that needs to be done yet.
She said that Council would try to keep everyone informed. She said that Council is not sure
when meetings would be held. She said letters would be mailed once a meeting has been
determined.
Mayor 7orgenson stated that it sounded like the process would fall between Thanksgiving and
Christmas.
Mr. Yantos stated that the best estimate is the first couple weeks in December. Many agencies
are scrutinizing this information. The N.C.D.A. is waiting for this information to come back so
they finalize it.
Mayor Jorgenson asked if the City would receive adequate notice for those meetings.
Mr. Yantos stated that was correct.
Councilmember Billings stated that Council is asking the N.C.D.A to take a look at the
environmental impact statement dealing with the sound barrier. If there are negative impacts, a
means to reduce and mitigate that noise must be figured out. BN.SF. being a railroad, falls
under special laws. No one can really dictate to a railroad because federal laws were enacted that
say that railroads can do anything they want to do on their right-of-way.
Mayor Jorgenson asked for a vote on the amendment.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR JORGENSON DECLARED THE
MOTION CARRIED UNANIMOUSLY.
Mayor Jorgenson asked for a vote on the main item.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR JORGENSON DECLARED THE
MOTION CARRIED UNANIMOUSLY.
Councilmember Bolkcom stated that this is a tough struggle for the neighborhoods. It impacts
the neighborhood in many ways. She said that Council would like to keep everyone informed
and involved. Council appreciates involvement and input from residents.
FRIDLEY CITY COUNCIL MEETING OF OCTOBER 9, 2000 PAGE 19
Councilmember Billings stated that the Northstar people and the Minnesota Department of
Transportation would much rather have had Council approve the location of the station with
several conditions. The City Attorney has advised Council that the N.C.D.A. and the
Commissioner of Transportation may have come up with an amended process, but they do not
have the ability to make rules that have the impact of law. The City's only two choices are to
approve what was given to them, or to disapprove and make changes.
Mr. Knaak stated that was exactly right.
24. RESOLUTION AMENDING THE TRANSPORTATION CHAPTER OF THE
COMPREHENSIVE PLAN REGARDING A STATION AREA PLAN FOR THE
NCDA COMMUTER RAIL STATION SITE (TABLED SEPTEMBER 25, 2000):
MOTION by Councilmember Bolkcom to remove this item from the table. Seconded by
Councilmember Barnette.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR JORGENSON DECLARED THE
MOTION CARRIED UNANIMOUSLY.
Ms. Dacy, Community Development Director, stated that the Planning Commission looked at
this item on September 6. The comprehensive plan application was initiated by the City to
evaluate some of the issues about the commuter rail station. The plan language states that
influence area of the commuter rail station is about one-half mile. The plan should evaluate what
types of land uses exist already. Many issues were brought out during the hearing about how
people would get to the site. Staff has done a lot of work already, but what is proposed, is to
look at language included in the draft of the Comprehensive Plan. Staff suggested evaluation of
four goals to guide future decisions. For example, what happens to the vacant four-acre parcel
on the east side? How is the station as a land use treated?
Ms. Dacy said the four principles talk about neighborhood compatibility, mixed and compact
land use, safe station environment and support of access patterns. There is a good mix of density
around the site and a fairly compact pattern already that is developed. Staff suggested that the
City use principles to help guide the future decisions of what should be the land use of some of
the vacant areas. She asked under what circumstances should some of the possible proposals be
evaluated. A big issue is how to create bikeway/walkway connections to the site. One segment
that should be evaluated is along the west side on Main Street. Some issues deserve further
attention. The potential of the City establishing an overlay zoning district can help control
development around and in the station area.
Ms. Dacy stated that the Planning Commission recommended approval of the language with a
resolution as well.
Councilmember Bolkcom stated that she does not understand why staff did that. There are all
these issues related to the whole station. She asked why staff would recommend a zoning te�t
amendment with all these issues.
Ms. Dacy stated that it was not a zoning te�t amendment. It establishes very broad principles
and goals in the Comprehensive Plan. The City should establish a public hearing process to
establish the zoning district, but prior to that, you would typically create broad language in the
FRIDLEY CITY COUNCIL MEETING OF OCTOBER 9, 2000 PAGE 20
Comprehensive Plan to say that this is the area to look at and show some issues of concern. This
makes sure the appropriate land use is going on. The ne�t step is to include further study. Staff
is not changing the zoning ordinance, but suggesting that prior to development more issues need
to be addressed.
Ms. Dacy stated that staff was planning to initiate a process to create a zoning district to identify
what would be the permitted type of land uses on the vacant site on the east side of the railroad
tracks.
Councilmember Bolkcom asked if the City was doing anything with all the vacant sites there
now.
Ms. Dacy stated that they were not.
Mayor Jorgenson stated that any more study would be a little premature since the City does not
know more about the station.
Ms. Dacy stated that it is up to Council. There is no mandate that Council pass this item. She
said that it seemed to make sense for staff to evaluate how the commuter rail station site interacts
with the other land uses around it. There are some benefits to this from a City-wide perspective,
but if it is going to be at this particular site. There should be broad principles established to
make sure that this would help answer future questions. The land on the east side is zoned
industrial right now, and the public may have a different viewpoint on the zoning. The zoning
process will help initiate that analysis.
Mr. Burns, City Manager, stated that this states the goals in the comprehensive plan. A further
study would help to ensure that the City would be better protected from future incompatible uses
for the rail site.
Ms. Dacy stated that this is an intent to start in a broad area and work from that.
Councilmember Bolkcom stated that they are only talking about one parcel not being utilized in
the station plan. Right now some is residential, so Councilmember Bolkcom did not understand
how doing this seems necessary.
Councilmember Barnette stated that he does not understand either.
Ms. Dacy stated that the four principles reflect the principles that Council would like in the
Comprehensive Plan to be very broad. Whatever is developed on that four-acre piece should be
compatible with the neighborhood. A security control facility has been suggested for this site.
These different types of uses should be evaluated at some point in time because the public will
want to know what is going to go there. Enhanced station neighborhood environment principle
means they are trying to look at pedestrian/bikeway connections and make sure people are
getting there safely.
Councilmember Bolkcom stated that all of this is based on the fact that there will be a station.
Councilmember Bolkcom asked what the urgency of doing this now was.
FRIDLEY CITY COUNCIL MEETING OF OCTOBER 9, 2000 PAGE 21
Ms. Dacy stated that staff had to start somewhere. Staff is trying to take stock of the issue in
terms of what is going to happen to the area back up to one mile. Staff used this to look at
transportation in general in Fridley and how commuter rail might help or hurt University
Avenue. Staff was trying to use the Comprehensive Plan as a tool to evaluate how this fits into
the big picture.
Councilmember Bolkcom asked if the City would lose anything by not doing this now.
Ms. Dacy stated that they do not lose anything right now.
Mr. Burns stated that if some industrial or land use wants to come into this area that the City felt
was incompatible with the station site, not having this would put the City in a weaker position.
Councilmember Bolkcom stated that this land has been sitting vacant for some time. She said
this decision did not sit right with her. She was not sure if passing this would prevent anyone
from using this right now zoned the way it is zoned.
Mr. Knaak, City Attorney, stated that yes, it would weaken the position, but no, it really does not
matter.
Mayor Jorgenson stated that she would like to wait and see what is going to happen to the site
first.
Councilmember Barnette stated that the Council could table this.
Mr. Knaak stated that it would make sense to table this. The Comprehensive Plan is an ongoing
process.
MOTION by Councilmember Bolkcom to table the resolution. Seconded by Councilmember
Barnette.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR JORGENSON DECLARED THE
MOTION CARRIED UNANIMOUSLY.
NEW BUSINESS:
25. FIRST READING OF AN ORDINANCE TO AMEND THE CITY CODE OF THE
CITY OF FRIDLEY, MINNESOTA, BY ADDING AN APPROVED SITE TO
CHAPTER 205, "ZONING," TELECOMMUNICATIONS TOWERS, SECTION
205.30, APPENDIX A:
Ms. Dacy, Community Development Director, stated that this is in response to the public hearing
on Qwest Wireless. If Council were to use the Planning Commission stipulations, Item No. 3
regarding the joint use agreement with Northern States Power Company (NSP) has been
complied with.
MOTION by Councilmember Billings to approve ZTA #00-02 with the four stipulations as
follows: 1) The ground equipment shall be installed below grade with vegetation proposed in the
landscaping plan, and the landscaping shall be maintained by the petitioner; 2) Ground
FRIDLEY CITY COUNCIL MEETING OF OCTOBER 9, 2000 PAGE 22
equipment and the cylinder on top of the pole shall be colored brown to match the MdDOT
equipment; 3) The petitioner shall submit a copy of the joint use agreement with NSP to the City
prior to installation of the service; and 4) No additional antenna may be installed on the subject
NSP pole, other than the two proposed in the applications. Seconded by Councilmember
Bolkcom.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR JORGENSON DECLARED THE
MOTION CARRIED UNANIMOUSLY.
26. RESOLUTION NO. 90-2000 SUPPORTING APPLICATION FOR MPCA GRANT
FUNDS FOR THE SPRINGBROOK SUBWATERSHED STORM WATER
MANAGEMENT PROJECT:
Ms. Julie Jones, Planning/Recycling Coordinator, stated that the reason the City was looking at
an application for Phase II funding is that in the Phase I application they did find that the
Springbrook Nature Center wetlands have been impacted due to upstream development. There
are opportunities for upstream solutions by reducing storm water flows. It is not reasonable for
Fridley to cover these costs alone without any assistance. The cost for the proposed corrections
total $799,000. The grant funding option the City has is to apply for MPCA Phase II funds or
federal Section 319 funds. This would cover up to fifty percent (50%) of the eligible project
costs. Staff noted both grant and loan funds are available. The cost is spread out for three years.
The application deadline is ne�t Monday, October 16. At a previous meeting with the other city
councils involved in this project, staff recommended an even distribution of the costs of this
project among the four cities involved.
Ms. Jones stated that at the September 11 joint city council meeting, one other community
suggested that Fridley distribute the cost per contributing area. Staff has done that. It changed
the contributions for each city. Staff had taken Blaine's and Fridley's 75 percent of the project
costs and split them fifty-fifty. Staff now has confirmation from the cities of Blaine, Coon
Rapids, and Spring Lake Park, that they will each make the contributions requested of them. The
City of Blaine actually contributed more. There is supposed to be a$25,000 contribution from
Northtown Shopping Center. The City of Blaine proposed that Fridley and Blaine split that
contribution.
Ms. Jones said that this resolution states that the City of Fridley commit $48,000, which includes
the money making up the amount that Northtown Shopping Center has not donated yet. On
Tuesday, October 10, Northtown Shopping Center was supposed to send a letter stating that they
will contribute the amount Fridley has requested. Fridley will then reduce Blaine and Fridley's
amount of the contribution to the previous amounts. Staff will be directed to continue to solicit
those private contributions and additional grant funds necessary to make the whole scenario
work This project has been well over six years in the making. Getting 26 individuals to agree
on a comprehensive plan has not been an easy task The wetlands have been a priceless amenity
for the City. Right now the wetlands are being used as an educational tool to show the public
that wetlands can be very negatively impacted by the development around it. Staff hopes to turn
that around with this project and have Springbrook once again be a positive educational resource
for the community.
Mayor Jorgenson stated that she wanted to thank Ms. Jones for all her efforts and presentation.
The negative impacts from the development affecting the wetlands are pretty dramatic.
FRIDLEY CITY COUNCIL MEETING OF OCTOBER 9, 2000 PAGE 23
Councilmember Bolkcom asked if the commitment from Northtown Shopping Center was truly
going to be on Tuesday, October 10.
Ms. Jones stated that they are going to be contacting the City of Fridley on Tuesday, October 10.
Councilmember Bolkcom stated that whether there is a nature center there or not, there is a
wetland, and the issue relates to water quality. The City will still be looking at this issue, nature
center or not.
Ms. Jones stated that the experts are saying that it is not a matter of "if' the City has to meet the
requirements of storm water quality, it is a matter of "when." In less than ten years, the City
would probably be facing some regulation enforcement.
Councilmember Bolkcom stated that the urgency is to get this submitted by October 16 for the
grants.
Ms. Jones stated that the chances are better if they apply right away.
Councilmember Bolkcom stated that there is a possibility of receiving more grants.
Ms. Jones stated that they could apply for loan funds and grant funds combined. Staff is
planning to apply for pure grant funds in the application.
Councilmember Bolkcom stated that none of this money is budgeted.
Ms. Jones stated that the City can apply for loan funds but then would have to pay that money
back with interest. The general feeling from the other communities is that they were not
interested in doing that.
Councilmember Bolkcom asked Mr. Burns if it is in the budget for ne�t year.
Mr. Burns, City Manager, stated that it is not. He would expect Council to pass a resolution
appropriating additional funds for this for ne�t year.
Councilmember Bolkcom stated that this is just an estimate of how much it would cost.
Additional studies need to be done.
Ms. Jones stated that this is an estimate. The project will probably start in the summer of ne�t
year.
Mayor Jorgenson asked Ms. Jones when they will know if they are successful in applying for
grant funds.
Ms. Jones stated that they will know in the middle of February, 2001.
Councilmember Barnette stated that Springbrook Nature Center was not intended to have any of
Fridley's tax dollars spent on it. He asked if the other cities passed resolutions by their councils,
and who would be forcing the issue. He asked what power the MPCA has to force the City to do
anything. He asked what would guarantee that anything would change.
FRIDLEY CITY COUNCIL MEETING OF OCTOBER 9, 2000 PAGE 24
Ms. Jones stated that Fridley is forcing the issue because the City took this project on behalf of
the Six Cities Watershed Management Organization. Fridley has gone to the other communities
to ask for this contribution. All three of those other communities have turned around and passed
resolutions committing funds to this project. Fridley is the last to pass the resolution. The
MPCA has the power to tell Fridley what to do but the rules are not written yet based on the
federal guideline. That was why the information may seem a bit vague. When those rules are
written the MPCA has the authority to apply those rules to communities with over 10,000 in
population.
Mayor Jorgenson stated that there is so much water coming from upstream that it is silting in the
nature center. If the City does not take corrective measures to slow the flow down, it will totally
flood the nearby residents.
Councilmember Bolkcom asked if they were confusing the nature center and the water quality.
This has to do with water quality and how the City handles our storm water. The City Council
has responsibility as elected officials to look at water quality. The other communities are
basically giving Fridley the water. There have been better storm water programs initiated. This
is not like the Rice Creek Watershed District that has big projects they do every year. The Six
Cities Watershed District does not do projects like this, and they may not even have statutory
regulation to assess. That is why the ad velorum does not happen here. That is why we are
looking at more money here.
Councilmember Wolfe stated that they notify all the neighbors when a specific project is being
done in their neighborhood. This project will affect everyone in this City with their tax money.
Mr. Burns stated that they probably would be using fund balances for most of it.
Mayor Jorgenson stated that Fridley shares the cost with the watershed and the residents and the
City.
Mr. Burns stated that the City does these kinds of projects all over town.
Councilmember Wolfe stated that this is the nature center, and he understood the filtering
process. The nature center has taken money from the citizens of Fridley for many years, and it
frustrates him. The City's surveys say that the nature center is not used. Councilmember Wolfe
wondered if the City did nothing and the State tells the City eventually that they had to, he asked
if the City's defense would be that water was coming from Blaine. Councilmember Wolfe asked
if the State would require Blaine to pay.
Councilmember Billings stated that over twenty years ago, Council went after Spring Lake Park
because of the water quality coming from that city; however, Fridley lost in court. There are
grant funds available from governmental agencies other than the City of Fridley, Coon Rapids,
and Blaine to do some work here. There is federal legislation that in three to five years Fridley
will have to do something. If the City can get some type of government money to share in the
cost, it behooves the City to do that. The City could wait and see if we could get anyone to help
us when there is no grant money available.
Mayor 7orgenson stated that the availability of this grant money is because the four cities are
working together on this project.
FRIDLEY CITY COUNCIL MEETING OF OCTOBER 9, 2000 PAGE 25
Councilmember Barnette congratulated Ms. Jones for doing a good job. He stated that he is not
easily swayed on this issue, but since the other city councils have passed this resolution, Fridley
would be remiss not to.
MOTION by Councilmember Bolkcom to adopt Resolution No. 90-2000 supporting application
for MPCA grant funds for the Springbrook Subwatershed Storm Water Management Project.
Seconded by Councilmember Billings.
UPON A VOICE VOTE, MAYOR JORGENSON, COUNCILMEMBERS BILLINGS,
BARNETTE AND BOLKCOM VOTING AYE, AND COUNCILMEMBER WOLFE
VOTING NAY, MAYOR JORGENSON DECLARED THE MOTION CARRIED FOUR
TO ONE.
27. RESOLUTION NO. 91-2000 ADOPTING ASSESSMENT FOR 2000 WEED
ABATEMENT:
MOTION by Councilmember Bolkcom to adopt Resolution No. 91-2000 adopting assessment
for 2000 weed abatement. Seconded by Councilmember Wolfe.
Councilmember Bolkcom asked if people will be more informed by sending out a letter to the
certain individuals informing them of this assessment.
Mr. Pribyl, Finance Director, stated that they have a letter designed specifically for that.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR JORGENSON DECLARED THE
MOTION CARRIED UNANIMOUSLY.
28. RESOLUTION NO. 92-2000 ADOPTING ASSESSMENT FOR 2000 NUISANCE
ABATEMENT:
MOTION by Councilmember Barnette to adopt Resolution No. 92-2000 adopting assessment for
2000 nuisance abatement. Seconded by Councilmember Bolkcom.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR JORGENSON DECLARED THE
MOTION CARRIED UNANIMOUSLY.
29. RESOLUTION NO. 93-2000 ADOPTING ASSESSMENT FOR 2000 TREE
ABATEMENT:
MOTION by Councilmember Bolkcom to adopt Resolution No. 93-2000 adopting assessment
for 2000 tree abatement. Seconded by Councilmember Barnette.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR JORGENSON DECLARED THE
MOTION CARRIED UNANIMOUSLY.
FRIDLEY CITY COUNCIL MEETING OF OCTOBER 9, 2000 PAGE 26
30. RESOLUTION NO. 94-2000 ADOPTING ASSESSMENT FOR EAST RIVER
ROAD IMPROVEMENT PROJECT NO. 1995-4:
MOTION by Councilmember Bolkcom to adopt Resolution No. 94-2000 adopting assessment
for East River Road Improvement Project No. 1995 - 4. Seconded by Councilmember Barnette.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR JORGENSON DECLARED THE
MOTION CARRIED UNANIMOUSLY.
31. RESOLUTION NO. 95-2000 ADOPTING ASSESSMENT FOR CENTRAL
AVENUE IMPROVEMENT PROJECT NO. ST. 1998 - 4:
MOTION by Councilmember Barnette to adopt Resolution No. 95-2000 adopting assessment for
Central Avenue Improvement Project No. ST. 1998 - 4. Seconded by Councilmember Wolfe.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR JORGENSON DECLARED THE
MOTION CARRIED UNANIMOUSLY.
32. RESOLUTION NO. 96-2000 ADOPTING THE ASSESSMENT FOR STREET
IMPROVEMENT PROJECT NO. ST. 2000 - 1:
MOTION by Councilmember Billings to adopt Resolution No. 96-2000 adopting the assessment
for Street Improvement Project No. ST. 2000 - 1. Seconded by Councilmember Bolkcom.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR JORGENSON DECLARED THE
MOTION CARRIED UNANIMOUSLY.
33. RESOLUTION NO. 97-2000 ADOPTING THE ASSESSMENT FOR RICE
CREEK PHASE 2 BANK STABILIZATION PROJECT:
MOTION by Councilmember Bolkcom to adopt Resolution No. 97-2000 adopting the
assessment for Rice Creek Phase 2 Bank Stabilization Project. Seconded by Councilmember
Wolfe.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR JORGENSON DECLARED THE
MOTION CARRIED UNANIMOUSLY.
6. REQUEST BY THE FRIDLEY HOUSING AND REDEVELOPMENT
AUTHORITY TO REMOVE TREES ON THE GATEWAY EAST PROJECT
SITE, GENERALLY LOCATED NEAR THE CORNER OF 57TH AVENUE AND
UNIVERSITY AVENUE (WARD 1):
Mayor Jorgenson asked if there will be any trees left on this site after it is prepared for
construction.
Ms. Dacy. Community Development Director, stated that there may be some e�sting large trees
kept between the Rapid Oil site and the vacant piece to the east. There is the crosshatch piece
east of the vacant parcel where the new public street connection would go. She is not
anticipating any trees to be maintained in that area. The apartment owner to the east is already
FRIDLEY CITY COUNCIL MEETING OF OCTOBER 9, 2000 PAGE 27
planning a fence; however, the majority of trees will be removed. If negotiations go well, the
landscaping plan they have is very e�ensive.
Mayor Jorgenson asked if some landscaping materials will be placed between the new
development and the existing apartment complex there now for screening purposes in addition to
the fence.
Ms. Dacy stated that was correct in the north part, but the public road is proposed to be
connected up to 57 1/2 Avenue.
Mayor Jorgenson stated that it is unfortunate that most of the trees have to be removed.
MOTION by Councilmember Billings to approve the HRA's removal of the trees for the
Gateway East site subject to approval by the Planning Commission. Seconded by
Councilmember Barnette.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR JORGENSON DECLARED THE
MOTION CARRIED UNANIMOUSLY.
Councilmember Billings asked if the Planning Commission's approval was mandatory as stated
in the ordinance that it has to be approved by all three bodies.
Ms. Dacy stated that the Planning Commission is not going to meet until November. She
understands the ordinance to mean the Planning Commission and the Parks and Recreation
Commission stand as advisory commissions.
Councilmember Billings stated that it is his understanding that if any one body objects to it, the
trees will not be taken down.
Mayor Jorgenson stated that Mr. Knaak could research this and give advice on this item.
Councilmember Billings asked Ms. Dacy if the trees needed to come down in October.
Ms. Dacy stated that the concerns raised were that at night, the area is not well lit, and the trees
create a closed area.
Mayor Jorgenson stated that the leaves on the trees will fall off leaving it more visible on the
property.
Councilmember Billings stated that if the City Attorney disagrees with his understanding of the
ordinance, this can be reconsidered at the ne�t meeting.
34. INFORMAL STATUS REPORTS:
Councilmember Wolfe stated that the meeting for the street improvement project will be on
October 18.
Mayor Jorgenson stated that it would be at 7:00 p.m. here at the Municipal Center.
FRIDLEY CITY COUNCIL MEETING OF OCTOBER 9, 2000 PAGE 28
Councilmember Wolfe stated that it would be in Meeting Rooms 1 and 2 on the lower level.
ADJOURN:
MOTION by Councilmember Barnette to adjourn the meeting. Seconded by Councilmember
Bolkcom.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR JORGENSON DECLARED THE
OCTOBER 9, 2000, CITY COUNCIL MEETING ADJOURNED AT 10:31 P.M.
Respectfully submitted,
Signe L. Johnson Nancy J. Jorgenson
Recording Secretary Mayor