06/04/2001 - 4717�' ..
�� � FRIDLEY CITY COIINCIL MEETING ►
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Fwa�' ATTENDENCE SHEET
Mev�day, Juv�e 4, 2001 '
7:30 P.M.
PLEASE PRINT NAME, ADDRESS AND ITEM NUMBER YOU ARE INTERESTED IN
ITEM
PRINT NAME (CLEARLY) ADDRESS NUMBER
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� CITY COUNCIL MEETING OF JUNE 4, 2001
CRY OF
FRIDLEY
The City of Fridley will not discriminate against or harass anyone in the admission or access to, or
.
treatment, or employment in its services, programs, or activities because of race, color, creed, religion,
national origin, sex, disability, age, marital status, sexual orientation or status with regard to public
assistance. Upon request, accommodation will be provided to allow individuals with disabilities to
participate in any of Fridley's services, programs, and activities. Hearing impaired persons who need an
interpreter or other persons with disabilities who require auxiliary aids should contact Roberta Collins at
572-3500 at least one week in advance. (TTD/572-3534)
PLEDGE� OF ALLEGIANCE.
`49ER DAYS PRESENTATION.
PROCLAMATION:
Stand for Children Day — June 16, �001
APPROVAL OF PROPOSED CONSENT AGENDA:
APPROVAL OF MINUTES:
City Council Meeting of May 21, 2001
FRIDLEY CITY COUNCIL MEETING OF JUNE 4, 2001
APPROVAL OF PROPOSED CONSENT AGENDA:
NEW BUSINESS:
PAGE 2
1. Receive the Planning Commission
Meeting Minutes of June 16, 2001 .................................................................. 1- 5
.
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2. Approve Shoreline Habitat Agreement
between the Anoka Conservation District
andthe City of Fridley ..................................................................................... 6- 9
3. Approve Amendment to Agreement for
Curbside Recycling Services befinreen
BFI Waste Systems of North America, Inc.,
andthe City of Fridley ................................................................................... 10 - 13
4. Receive and Reject Bid for the Municipal
Center Recarpet Project No. 339 and
Authorize Re-advertisement for Bids ............................................................ 14 - 15
0
5. Appointment - City Employee ....................................................................... 16
FRIDLEY CITY COUNCIL MEETING OF JUNE 4, 2001
APPROVAL OF PROPOSED CONSENT AGENDA:
PAGE 3
NEW BUSINESS (CONTINUED):
6. Claims ........................................................................................................... 17
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.
. 7. Licenses ....................................................................................................... 18 - 21
.
8. Estimates ...................................................................................................... 22
ADOPTION OF AGENDA.
OPEN FORUM, VISITORS: Consideration of items not on Agenda — 15 minutes.
PUBLIC HEARINGS:
9. Consideration of an Ordinance Amending
Section 6.06, Contracts, How Let and Chapter 8,
Public Improvements and Special Assessments,
of the Fridley City Charter .................................................................................. 23 - 29
10. Consideration of Issuing an On-Sale Intoxicating .
Liquor License to Chaps Productions, Inc.,
d/b/a Main Event Restaurant, Generally Located at
7864 University Avenue N.E. (Ward 3) .............................................................. 30 - 31
FRIDLEY CITY COUNCIL MEETING OF JUNE 4, 2001
�
PUBLIC HEARINGS (CONTINUED):
PAGE 4
11. Consideration of the Assessment for 5100
Industrial Boulevard, Deferred improvement
ProjectNo. 1989 — 1& 2 .................................................................................... 32 - 33
�
NEW BUSINESS:
12. Resolution Adopting Assessment for 5100
Industrial Boulevard, Deferred Improvement
ProjectNo. 1989 — 1& 2 .................................................................................... 34 - 36
13. Receive Petition to Create a Four-Way Stop
at the Intersection of 48th Avenue and 2'/2 Street
N.E. (Ward 3)
and
Motion to Approve the Placement of Stop Signs
at the Intersection of 48th Avenue and 2'/Z Street
N.E. (Ward 3) ..................................................................................................... 37 - 40
14. Informal Status Report ....................................................................................... 41
ADJOURN.
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FRIDLEY CITY COUNCIL MEETING OF JUNE 4, 2001 Q„r�
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The City of Fridley wil� not discriminate against or harass anyone in the admission or access to, or treatment,
or employment in its services, programs, or activities because of race, color, creed, religion, national origin,
sex, disability, age, marital status, sexual orientation or status with regard to public assistance. Upon request,
accommodation will be provided to allow individuals with disabilities to participate in any of Fridley's
services, programs, and activities. Hearing impaired persons who need an interpreter or other persons with
disabilities who require auxiliary aids should contact Roberta Collins at 572-3500 at least one week in
advance. (TTD/572-3534)
PLEDGE OF ALLEGIANCE.
`49ER DAYS PRESENTATION.
PROCLAMATION:
Stand for Children Day — June 16, 2001
APPRONAL OF PROPOSED CONSENT AGENDA:
APPROVAL OF MINUTES:
City Council Meeting of May 21, 2001
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NEW BUSINESS:
1
Receive the Planning Commission
Meeting Minutes of June 16, 2001 1- 5
2. Approve Shoreline Habitat Agreement
between the Anoka Conservation District
and the City of Fridley ................... 6- 9
APPROVAL OF PROPOSED CONSENT AGENDA:
� �
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NEW BUSINESS (CONTINUED):
3. Approve Amendment to Agreement for
Curbside Recycling Services between
BFI Waste Systems of North America, Inc.,
and the City of Fridley ................. 10 - 13
4. Receive and Reject Bid for the Municipal
Center Recarpet Project No. 339 and
Authorize Re-advertisement for
Bids............................................. 14 - 15
5. Appointment - City Employee
6. Claims
7. Licenses ..
8. Estimates
16
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... 22
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STAND FOR CHILDREN DAY
June 16, 2001
0
WHEREAS, on or around June 1, 2001, people .from all backgrounds will come
together in their communities to take a Stand for Children and renew their
_ communiry's commitment to improving the quality of our children's lives by building
the voice and vision for all children; and
WHEREAS, on Fridley's "Stand for Children Day" and beyond, families, members
of religious congregations, schools, communiry-based organizations, businesses, and
political and cultural groups will join together as a local and national community to
recognize our children's unmet needs and re-dedicate ourselves to addressing them;
and
WHEREAS, caring for children must be the first priority of our families,
communities and nation; and
WHEREAS, this commitment must begin at the local level, where children and
families live cznd work and have the potential to thrive, and where all citizens,
working together, can make a difference in our children's lives.
NOW THEREFORE, BE IT RESOLVED, that 1, Scott J. Lund, �Llayor of the Ciry of
Fridley, do hereby proclaim Saturday, June 16, 2001, as
STAND FOR CHILDREN DAY: BUILDING
OUR VOICE AND VISION FOR ALL CHILDREN
in the Ciry of Fridley, Minnesota, and urge all citizens to support this day by
dedicating themselves to the task of improving the qualiry of life for all children from
this day forward.
IN WITNESS WHEREOF,1 have hereunto
set my hand and caused the seal of the Ciry
of Fridley to be affixed this 4th day of June,
2001.
SCOTT J. LUND, MAYOR
THE MINUTES OF THE REGULAR MEETING OF THE FRIDLEY CITY COUNCIL
OF MAY 21, 2001
The Regular Meeting of the Fridley City Council was called to order by Mayor Lund at 7:30
p.m.
PLEDGE OF ALLEGIANCE:
Mayor Lund led the Council and audience in the Pledge of Allegiance to the Flag.
ROLL CALL:
MEMBERS PRESENT: Mayor Lund, Councilmember Barnette, Councilmember Bolkcom,
Councilmember Billings, and Councilmember Wolfe.
MEMBERS ABSENT: None.
49'ER DAYS PRESENTATION
Ms. Dorothy Gargaro, `49er Days Committee representative, stated that she wanted to inform the
City of the `49er Days activities for this year. This is a great festival for all ages. The dates are
June 13 through 17. The carnival starts on Wednesday at 5:30 p.m. and runs through Sunday at
9:00 p.m. Advance tickets are on sale at the Recreation Department, Senior Center, Community
Center, Wells Fargo and Sign Language at five rides for $5.00. The City-sponsored video dance
party for teens is on Wednesday. Thursday, senior activities including bowling, live music, a
barbecue, and a band concert on the patio. At 6:20 p.m. Thursday is the Run for Fun sponsored
by the Rotary. The parade will be held at 6:30 p.m. and is sponsored by the Lion's Club. There
will be live music at Columbia Arena after the pazade. Friday a craft and trade show is
scheduled in Columbia Arena from 3:00 p.m. to 7:00 p.m. and from 10:00 a.m. to 5:00 p.m. on
Saturday. Activities on Saturday include a 500 tournament and a cribbage tournament, which
need pre-registration. Bingo will be played on Friday from 4:00 p.m. to 7:00 p.m. and on
Saturday from 2:00 p.m. to 7:00 p.m. at Columbia Arena. The softball tournament will be held
on Friday through Sunday evening at Unity Park across from Columbia Arena. The Masonic
Lodge is sponsoring a kid's identification program on Friday from 4:00 p.m. to 8:00 p.m. and on
Saturday from 1:00 p.m. to 5:00 p.m. The Miss Fridley candidates' fashion show will be held on
Friday at Northtown. Street dances will be held on Friday and Saturday nights from 7:00 p.m. to
11:00 p.m. White Sidewalls will perform on Friday night and The Rockin Hollywoods will
perform on Saturday night.
PRESENTATION BY THE VALUES FIRST PROGRAM:
Ms. Barbara Warren, Values First representative, stated that she wanted to present three very
deserving people with Values First Vision Award Certificates of Recognition. The first
certificate is for Bob Shore, of Bob's Produce Ranch, who is always willing to help the school
districts and whoever approaches his business for help.
FRIDLEY CITY COUNCIL MEETING OF MAY 21, 2001 PAGE 2
Mr. Shore thanked Ms. Warren for the certificate.
Ms. Warren presented a certificate to the Fridley Lion's Club for its contribution toward a new
costume for the Values First Bear and for all the help they have given to the community.
Ms. Warren said it was truly an honor to recognize a woman who really does follow the seven
core community values. Margazet Liebfriend, Fridley Middle School Principal, is very deserving
of this certificate and cares very much about this community.
Ms. Liebfriend thanked Ms. Warren.
Mayor-Lund thanked Ms. Warren and the Values First Program for all of their caring and hard
work for the community.
Councilmember Barnette thanked Ms. Warren for her hard work and for making people feel that
the community appreciates them.
PROCLAMATIONS:
Public Work's Week: May 20-26, 2001
Mayor Lund stated that the efficiency of the qualified and dedicated personnel who staff the
Public Works Department is materially influenced by the people's attitude and understanding of
the importance of the work they perform. The support and understanding of City residents is
vital to the efficient operation of public works systems such as water, sewers, streets, highways,
parks, public buildings, and snow removal.
Dave Lindquist, Public Works Department, stated that they really appreciate the recognition.
APPROVAL OF PROPOSED CONSENT AGENDA:
MOTION by Councilmember Barnette to approve the proposed consent agenda. Seconded by
Councilmember Bolkcom.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
APPROVAL OF MINUTES:
City Council Meeting of May 7, 2001.
APPROVED.
FRIDLEY CITY COUNCIL MEETING OF MAY 21, 2001 PAGE 3
NEW BUSINESS:
1. RECEIVE THE PLANNING COMMISSION MEETING MINUTES OF MAY
2001:
RECEIVED.
2. APPROVE CONSTRUCTION AGREEMENT BETWEEN THE CITY OF NEW
BRIGHTON AND THE CITY OF FRIDLEY FOR THE RECONSTRUCTION OF
STINSON BOULEVARD NORTH OF MISSISSIPPI STREET:
-Mr. Burns, City Manager, stated the City of Fridley agrees to the payment of its share of
costs toward this project in the amount of $49,369. Work will be done by Midwest
Asphalt Corporation and will start the week of June 6. Staff recommended approval of
this agreement.
� APPROVED.
3. RECEIVE BIDS AND AWARD CONTRACT FOR 2001 STREET
IMPROVEMENT PROJECT NO. ST. 2001-1:
Mr. Burns, City Manager, stated that bids from seven bidders were opened on May 10.
The lowest bidder, Dave Perkins Contracting, Inc., of Ramsey, Minnesota, submitted a
bid in the amount of $816,616. This includes $509,559 for street improvements,
$268,632 for watermain replacement, $12,325 for sanitary sewer repairs and $26,100 for
storm sewer improvements. There are sufficient reserves for all of these funds. Staff
recommended approval.
RECEIVED BIDS AND AWARDED CONTRACT TO DAVE PERKINS
CONTRACTING, INC., IN THE AMOUNT OF $816,616.
4. RESOLUTION NO. 26-2001 AUTHORIZING CHANGES IN APPRO-PRIATIONS
FOR THE GENERAL FUND, SPECIAL REVENUE FUNDS AND CAPITAL
IMPROVEMENT FUND FOR THE FOURTH QUARTER OF 2000:
Mr. Burns, City Manager, stated that this is an end-of-the-year housekeeping exercise
whereby underspent items are matched to overspent items and external revenues are
matched with internal expenditures. Unspent funds in the General Fund that were
budgeted for particular items are matched against overspent line items. In the Grant
Management Fund, external grant revenues are matched with internal expenditures. Staff
recommended approval of this resolution.
ADOPTED RESOLUTION NO. 26-2001.
FRIDLEY CITY COUNCIL MEETING OF MAY 21, 2001 PAGE 4
5. APPOINTMENT TO HUMAN RESOURCES COMMISSION:
Mr. Burns stated that staff recommended approval of the appointment of Carter
Hendricks to the Human Resources Commission. He has been active in reviving the
Fridley Jaycees and is also a member of the Values First Committee. He has been active
in a variety of events.
,
APPOINTED CARTER HENDRICKS TO THE HUMAN RESOURCES
COMMISSION. _
6. CLAIMS:
APPROVED PAYMENT OF CLAIM NOS. 99381 THROUGH 99638.
7. LICENSES:
" APPROVED ALL LICENSES AS SUBMITTED AND AS ON FILE IN THE
LICENSE CLERK'S OFFICE.
8. ESTIMATES:
Carl J. Newquist, Esq.
Newquist and Ekstrum, Chartered
301 Fridley Plaza Office Building
6401 University Avenue N.E.
Fridley, MN 55432-4381
Services Rendered as City Attorney for the
Month of February, 2001 $18,244.00
Greystone Construction Company
1221 East Fourth Avenue
Shakopee, MN 55379
Filter Plant Access Platform
Project No. 336
FINAL ESTIMATE $35,042.95
ADOPTION OF AGENDA:
MOTION by Councilmember Bolkcom to adopt the Agenda with the addition of an item to
approve the appointment of an employee. Seconded by Councilmember Barnette.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
_
FRIDLEY CITY COUNCIL MEETING OF MAY 21, 2001 PAGE 5
OPEN FORUM:
Mr. Bob Foley, Fridley Miniature Golf owner, stated that he and his wife have owned their
business in Fridley for almost one year. They are very glad they opened their business in Fridley
and especially appreciate all of Mr. Hickok's guidance and the City staff s assistance in making
their dream come true. Mr. Hickok was professional, courteous, and went out of his way to help
them blend their business in the community.
NEW BUSINESS:
9. PRELIMINARY PLAT REQUEST, PS #01-02, BY GEORGE BATESON, TO
_ALLOW FIVE SINGLE FAMILY LOTS, GENERALLY LOCATED AT
HEATHER PLACE AND CENTRAL AVENUE (WARD 2):
Mr. Bolin, Planning Coordinator, stated that the petitioners on this request are George and Ann
Bateson and Dennis and Mary Pietrini. They are seeking to replat the Heather Hills North
Addition into five lots to construct five single-family homes. They had originally platted the
Heather Hills North property into four single-family homes lots in 1999. Fridley code does
require that lots in the R-1 district be 75 feet in width with a minimum lot area of 9,000 square
feet. The lots proposed range in width from 76 feet to 184 feet and in area of under 15,000 to
over 26,000 square feet in size. The home currently under construction by Kootenia Builders
will still meet all the setback requirements if this plat is approved. A public hearing was held
before the Planning Commission on May 2, and the request was approved with stipulations. Staff
recommended approval with five stipulations because it meets size requirements and provides
additional home opportunities in Fridley.
Councilmember Wolfe asked if the sewer line was in for the five lots.
Mr. Haukaas, Public Works Director, indicated that it was.
Councilmember Barnette asked if the parcels were combined with Lot No. 5.
Mr. Bolin stated that it has been combined with them.
Councilmember Bolkcom asked if all the sewer and water mains would be in before the final plat
is approved.
Mr. Bolin stated that a letter of intent has been provided by Mr. Bateson indicating that he will
agree to install those as needed and determined.
Councilmember Bolkcom asked if the final plat would be approved.
Mr. Haukaas stated that is what staff recommended.
Councilmember Billings asked if the home being built will meet all the setbacks and if the lot
has been sold.
FRIDLEY CITY COUNCIL MEETING OF MAY 21, 2001 PAGE 6
Mr. Bolin stated that it would meet the setbacks and Mr. Bateson can answer the question of who
the owner of the lot is.
Mr. George Bateson, 6196 Heather Place N.E., one of the petitioners, stated that Lot 2 was sold
to Kootenia Builders so they could commence building the home because it will be in the Pazade
of Homes in August. There are legal agreements for when the plat is approved that the deeds are `
worked out such that they get some of Lot 1, and they give up some of Lot 2 to form Lot 3.
0
Councilmember Billings stated that in a replatting, all of the underlying fee owners should
become applicants so that each of the fee owners sign off on the plat indicating that they agree to
the replatting.
Mr. Bateson stated that the original request for the replat was signed by the President of
Kootenia Builders and also the preliminary plat would have Kootenia Builders on the document.
Couricilmember Billings stated that Kootenia Builders is a co-applicant and they will be signing
the plat.
Mr. Bateson stated that they are signing the plat and have signed the original loan application.
The liabilities of the construction site resulted in them signing for the purchase of Lot 2. This is
under the legal advice of their attorneys and they are asking for Council's support. They will
build a home to be proud of. He said he is not a seasoned developer, and Mr. Hickok really
helped with the whole process and represents the City in an outstanding fashion.
MOTION by Councilmember Wolfe to approve Preliminary Plat Request, PS #01-02 with the
following iive stipulations:
1. Grading and drainage plan to be approved by City's engineering staff prior to the
issuance of building permits, in order to minimize impacts to the surrounding
properties. � _ _ _._ _
2. Petitioner shall provide all easements as shown on preliminary plat drawing.
3. During construction, silt fencing shall be used where applicable.
4. Petitioner to pay required park dedication fees prior to issuance of building permits.
5. Petitioner to pay all water and sewer connection fees.
Seconded by Councilmember Barnette.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
FRIDLEY CITY COUNCIL MEETING OF MAY 21, 2001 PAGE 7
10. RESOLUTION NO. 27-2001 TO VACATE A 5-FOOT PORTION OF AN
EXISTING UTILITY EASEMENT AND THEN RECREATE A 20-FOOT
UTILITY EASEMENT ON LOTS 5 AND 6, BLOCK 2, INNSBRUCK NORTH 2
ADDITION, GENERALLY LOCATED AT 5490 EAST DANUBE ROAD (SAV
#01-04, BY FORREST HARSTAD) (WARD 2):
Mr. Bolin, Planning Coordinator, stated that Mr. Harstad is seeking to vacate a five-foot portion
along the northerly portion of an existing utility easement and then grant an additional five feet
of utility easement along the southerly edge. A public hearing on this request was held at the
May 2 Planning Commission meeting, and the neighbors objecfed to building on this property.
A motion was made to approve the vacation unanimously with one stipulation. Staff
recommended that Council concur with the Planning Commission and grant approval of this
request with one stipulation.
Councilmember Billings asked if the easement runs along the lot line between Lots 5 and 6.
Mr. Bolin stated that was correct.
Councilmember Billings asked if there was a possibility of Mr. Harstad wanting to build a house
on these two lots.
Mr. Bolin stated that the proposed home would be on Lot 5 with the two lots being combined
into one property. Lots 5 and 6 are one tax parcel.
Councilmember Billings asked how far the existing northerly line of the existing easement was
from the lot line.
Mr. Bolin stated that it is ten feet from the lot line.
Councilmember Billings stated that would be a side yard setback for a building on the lot.
Mr. Bolin stated that it is a ten-foot setback for living area with a five-foot setback for a garage.
Councilmember Billings asked if there may be some other reasons a home is not wanted on Lot 5
and what impact will the vacation have on the ability to build a home.
Mr. Bolin stated that it would have no impact on the ability to build a home. The vacation would
give the petitioner an additional five feet to move the home around on this site. The petitioner
could build on this lot with or without the vacation.
Councilmember Billings stated that this would have no impact on the developer but could have a
large impact to the City if it had to be dug up.
Mr. Bolin stated that was correct.
FRIDLEY CITY COUNCIL MEETING OF MAY 21, 2001 PAGE 8
Councilmember Wolfe stated that the action Council is being asked to make does not have
anything to do with the neighborhood's questions.
Mayor Lund stated that the neighborhood should be heard though.
Mr. Rick Schroeder, 5497 East Danube, stated that he is surprised that these two lots are
combined. This gives more area for a much larger building and his main concern is that this
large building will make for a watershed and property damage concern. The hydrology test was
completed in 1999 which was one of the driest years. There are changes in the watershed. The
first lot is wetland and unbuildable. There have been two one hundred year floods in the last 4
years.
Mr. Haukaas, Public Works Director, stated that the hydrology test was based on a ten-year
return frequency, which is to measure a storm expected once every ten years. It equivocates to
slightly over 4 inches of rain in a 24-hour period. The study compared what that amount of rain
would do to the elevation of the existing pond, regardless of what the starting water level was.
The �ond that backs up to this property would raise approximately 1/4 inch.
Councilmember Billings asked if the City was aware of any water problems after the
construction of Medtronic's building.
Mr. Haukaas stated that they are not aware of any.
Mayor Lund stated that the existing two lots look like the lowest lots to him.
Ms. Pat Freeburg, 5557 East Danube Road, stated that she took photographs to show what has
happened to Farr Pond and what it is doing to water and saturation levels. The photographs
show that the around is saturated and has standing water. There is drainage on Farr Pond but if
more water is put into the pond than it can handle it will back up.
Ms. Freeburg read the letter written to the Rice Creek Watershed District regarding the adversely
affected drainage systems should there be a house built on those lots.
MOTION by Councilmember Barnette to accept the letter. Seconded by Councilmember Wolfe.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
Ms. Freeburg stated that soil samples have been taken from the mounds of dirt that were dumped
by the sides of these two lots. The samples were taken from the tops of the mounds. They
request that building on these lots not be permitted.
Ms. Ann Ulrich, 5505 West Danube Road, asked why moving the easement was being discussed
prior to a house being planned or approved. This is also the first time they have heard about the
lots being combined.
FRIDLEY CITY COUNCIL MEETING OF MAY 21, 2001 PAGE 9
Mr. Bolin stated that they were combined two months ago and does not require action from the
City Council.
Ms. Ulrich stated that the intent of moving this easement was for ease of any work that needed to
be done as a result of the home being built on this parcel. Until this point it had not needed to be
moved.
Mr. Lund stated that it is in the best interests of the City to move this for accessing.
Councilmember Billings stated that the City has a right to work on a 20-foot piece of property to
do any repairs. Cunently this pipe is only three feet away from the edge of the 20-foot strip. We
need the pipe centered so that if it needs work, it can be done at the most reasonable cost to the
citizens of Fridley. The City only has a legal right to work on that portion of the property on
which they have an easement.
Mr. Norm Schulz, 5535 West Danube Road, stated that water is encroaching on his property. He
askecY what action the neighbors should take if water floods their homes because a home was
built on that property.
Councilmember Billings asked Mr. Knaak what could the City do to prevent the building of a
home on those two lots.
Mr. Knaak slated that if the City had a lot that met all the standards, which appears to be the case
here, a builder could force the City to issue the permits. The City would be required to permit
construction and pay the attorney's fees.
Councilmember Bolkcom asked what recourse the neighborhood has if there are issues of runoff
afterward.
Mr. Knaak stated that it would be a private course of action against the property owner if the
water from the property causes damage. =
Mr. Rick Nye, 5477 E. Danube, stated that the land was supposed to be unbuildable and there
has been illegal dumping there. He asked why this was being considered. He said they have
maps of the pond and what was filled in.
Mayor Lund stated that a 1986 permit was issued to do some fill work on the site. In 1994 a
proposal to put some fill on the southern side of the lot for home construction was denied.
Someone had permission to do some fill work.
� Ms. Freeburg stated that Mr. Harstad does not deny that there was illegal filling. They deny that
they are the ones who did it. There was a permit given in 1986 to do fill and they did not do it.
Sometime after that but before 1993, the pond was filled with no permit so it was illegal. There
would not have been enough buildable land to put a house there if there was no illegal dumping.
FRIDLEY CITY COUNCIL MEETING OF MAY 21, 2001 PAGE 10
Mr. Hickok stated that in 1994 Fridley was in a dispute with the Harstads regarding the amount
and type of fill, and whether or not it affected the wetlands. There was a great deal of proof the
Harstad's needed to provide about the dumping. The determination was made by professionals
that this dumping did not detrimentally affect the wetland. It was determined that if a home were
to be built, it would be built outside of that filled-in area. A letter was then sent to the Harstads
regarding what they needed to build on those lots.
Mr. Merle Peterson, 5495 West Danube Road, stated that he had pictures that represented where
the house was to be built on the property and the water, vegetation and trees around it. The area
that was filled used to be all water. Now there is less area for the water space. Additional water
in people's basements is probably because of that fill. If there is any water area damaged by
construction it will raise the ground water higher than it already is.
Mayor Lund asked how quickly the pond lowers after the spring thaw.
Mr. Peterson stated that the area is still totally saturated. The neighbor's lots are all spongy. The
area should be cleared out and restored as it was before to reduce the water problems. Mr.
Harstad has said he will be removing all the trees and there are some large trees that people
enjoy. There is also wildlife there. Mr. Harstad showed him the property he was going to build
on Lot 5. The actual easement had the house plans right across it. After the easement is moved,
his house would no longer be sitting on the easement itself. Having the easement removed will
benefit Mr. Harstad.
Mr. Karl Breitbarth, 5477 East Danube Road, stated that Mr. Harstad is looking at building 35
feet from the street. The houses are all aligned along the street and his house will be farther out
towards the street which will present a safety issue. It will also take up a lot of the water area.
The house should be set back farther but that will force the water in the back elsewhere.
Mr. Bolin stated that the house cannot be more than six feet in front of the neighboring houses.
There is a fifteen-foot boulevard, and the other homes are right around the 35-foot setback.
Councilmember Bolkcom asked Mr. Bolin how close the house could be built.
Mr. Bolin stated that it could be 29 feet from the property line.
Mr. Roman Zownirowycz, 5527 East Danube Road, stated that Mr. Harstad indicated that he
would not move the house back because it would cost $500 more for the driveway. The nanny
quarters would have its own separate entrance and he is going to turn this house into a twin-
home or a triplex with no intention of living there.
Councilmember Bolkcom asked if the placement of this house would cause any sightline
problems.
Mr. Haukaas stated that the radius on the curb is 478 feet. It should not create a problem.
FRIDLEY CITY COUNCIL MEETING OF MAY 21. 2001 PAGE 11
Councilmember Wolfe stated that from the front of the existing house, they could only go six
feet past. If they go 35 feet from the curb, they will still have to add 15 feet.
Mr. Breitbarth stated that it would still stick out from the other houses.
Ms. Kathryn Schulte, 5554 East Danube Road, stated that they had standing water in the corners
of their yard and their trees died. Her fear is that all the houses backed up to the pond will lose
all their trees. A lovely neighborhood would change dramatically.
Ms. Ulrich stated that she backs up to the property across the pond. She has spoken with two of
the previous owners. One was frustrated because this issue was being raised again when it was
proven_before that it was unbuildable. His comment was that the Harstads waited long enough
until the City Council turned over to try again, hoping people forgot about these issues. It is hard
to believe that there are enough flat surfaces to build on that land. Mr. Harstad said he would
have to bring in fill and a retaining wall. That will affect the natural drainage into the pond. The
former neighbor was concerned about the water you cannot see and that would mean the rising of
the ground water table. It was proven at that time that the water levels would rise.
Ms. Ulrich indicated that she had a letter from Ms. Teri Raymond, 5595 West Danube Road,
which stated that a Public Works employee told her that they checked the drains to make sure
they were not clogged. This employee stated that someone was thinking of building on East
Danube Road. It was also expressed that it would not happen.
MOTION by Councilmember Wolfe to receive the letter. Seconded by Councilmember
Barnette.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
Ms. Gretchen Schroeder, 5497 East Danube Road, stated that she also spoke to the sewer
supervisor. He was helpful in assisting with a sewer problem and assured her that the property
would not be built on because of the sewer situation. We are getting conflicting information --
from the City. The concern is that the water would affect the pond and homeowners.
Councilmember Bolkcom asked Mr. Haukaas if he was aware of any sewer issues relating to this
property.
Mr. Haukaas stated that he did not know of any sewer issues. The reason the supervisor went out
there is due to a request by residents to verify that everything was working properly. He was
giving his opinion about the lot being buildable.
Councilmember Billings stated that combining lots is an administrative action on the part of the
City and County. Separating lots requires affirmative action by the Couricil. If a home gets built
here, someone cannot go to staff and say that they want to split a lot without affirmative Council
action.
FRIDLEY CITY COUNCIL MEETING OF MAY 21, 2001 PAGE 12
Mr. David Blank, 5544 East Danube Road, asked when the permits to build would be issued.
Mayor Lund stated that there would not be a meeting for that. Mr. Harstad has met requirements
for building on that lot and this action is totally separate from that.
Mr. Blank stated that the lots are so shallow and his house is about 100 feet long and ten feet
wide. It is the wrong house in the wrong place and is not going to do anything far the street.
Mayor Lund stated that Mr. Harstad has to follow the building codes.
Mr. Blank stated that it is the City's responsibility to protect their homes and their values.
Councilmember Billings stated that the legislature gives the City the right to establish where lots
are and there are building codes. There are drainage requirements and requirements by the City
Council. The City has the same responsibility to every property owner. If Mr. Harstad meets
these requirements, the City cannot unilaterally decide that he cannot build. The neighborhood
coulc� buy it and own it and control what happens to it.
Ms. Freeburg stated that the property was tax forfeit and the people tried to buy it but the City
would not let them.
Councilmember Billings stated that if that were the case, the City probably would not have sold
it. There are so many years property can be in arrears in taxes and the County handles that. If
there is damage to homes, litigation is an option. The hydrologist said that the water would not
rise any more than 1/4 inch and Farr Lake not more than 1/50 inch. It has been determined by
the Rice Creek Watershed District that this report is accurate.
Mr. Schroeder asked why when they have less waterfall does the water rise so much?
Councilmember Billings stated that the hydrology report states that based on the square feet of
the home to be built, it will impact the water levels by a 1/4 inch more.
Mr. Schroeder asked if the ma�cimum allowable area to be built on is based on the platted lot
dimensions.
Mr. Hickok, Community Development Director, stated that the combination of lots would allow
the lot area to be used in 25 percent of that lot area.
Mr. Schroeder asked what the zoning was for mother-in-law apartments.
Mr. Hickok stated that this lot is zoned R-1, Single Family Residential. When the plans come in
for review, anything other than single family will not be permitted in this district. There is a
review that takes place after the permit is issued. The ordinances do not allow a secondary
apartment in a single-family structure.
FRIDLEY CITY COUNCIL MEETING OF MAY 21, 2001 PAGE 13
Mr. Zownirowycz stated that strong constraints should be put on Mr. Harstad not to allow him to
do that. It is outrageous for him to combine the lots and change the look of the entire
neighborhood. It is not effective government control. He has concerns of the safety of the curb
and it is a shortcut from one high school to another high school. It is hard to see very far down
that road. One of his children has ADHD and it is surprising that Mr. Harstad would not be
concerned for the safety issues. In 1987 they backfilled that lot, and in 1998 he had his first
basement flooding problem. The Harstads said they would not build on that property.
Mr. Hickok stated that he does plan to have a crawl space which conforms to the code.
Ms. Freeburg stated that in 1994 someone wanted to add an addition to the front of their house
but it did not fit with any other houses on the lots. They did not get permission to do it and
perhaps the law has changed since then. People buy in this area because it is rustic and this
house will have four garage doors facing the street making it look like a townhouse from the
back. She asked what the neighborhood's recourse was when Mr. Harstad turns it into a multi-
dwelling house.
Mr. Breitbarth stated that moving the easement would benefit the builder of this lot to allow five
more feet to build a wider house.
Ms. Ulrich stated that there are a number of neighbors who had water in their basements. She
asked if Council would consider doing another hydrologist test.
Councilmember Wolfe stated that he believed one had already been done.
Mr. Hickok stated that a second analysis was completed, and there should not be any reason for a
third analysis.
Mr. Haukaas stated that staff reviewed Mr. Harstad's hydrologist study and the City's analysis is
not as detailed. The City did some analysis and there was no significant difference from Mr.
Harstad's.
Ms. Ulrich asked if a significant study could be done at this time.
Mr. Haukaas stated that the second study was an in-house review.
Councilmember Wolfe stated that he thought the neighborhood wants different soil boring tests
taken.
Mr. Haukaas stated that soil borings and the hydrology review are two separate things.
Storm water calculations do not take into account water levels. It is a comparative analysis.
Councilmember Bolkcom asked what it would cost if the neighborhood or the City were to
request another similar hydrologist study.
Mr. Haukaas stated that he would guess it would be around $150 per hour.
FRIDLEY CITY COUNCIL MEETING OF MAY 21, 2001 PAGE 14
Councilmember Bolkcom asked if the neighborhood could benefit by having a conversation with
the Rice Creek's Watershed engineers or NIr. Harstad's hydrologist?
Mr. Haukaas stated that because of the size of this project, the Rice Creek Watershed District
normally does not get involved in these analyses.
Councilmember Bolkcom stated that possibly they could address the concerns and it would not
hurt to ask.
Mr. Haukaas stated that they could possibly look at this.
Mr. Hickok stated that the Rice Creek Watershed District was involved in the study in 1995 and
at this point the Council could ask them to have more soil tests done.
Ms. Ulrich stated that it is atypical and new to her to have to come back again and again on the
same issue to try and not have this built on a lot that appears to be non-buildable.
Ms. Janet Steppe, 5528 West Danube Road, stated that she is concerned because her backyard is
near the pond. She was not aware that the dumping had occurred. Her backyard is very
saturated. She asked if the pond could be dug out to offset all the water.
Councilmember Billings stated that the water would spread out to fill a certain level no matter
how big it is. There is a pipe that drains the pond on the east side over to Farr Lake. Even if you
make it deeper it will still fill up to the point that it needs to be for the drain.
Ms. S�eppe stated that her house has never flooded.
Mr. Harstad, 2197 Silver Lake Road, New Brighton, stated that he is a seasoned developer. He
has been doing nothing but residential construction for over 20 years. He has worked with Mr.
Hickok before on a project in Apple Valley. He and his father have had development projects in
Fridley. He said he lives in Fridley and would like to continue to live in Fridley. He indicated
that he would like to clarify some things that have been said at this meeting. He said he designed
this house and has every intention of living in it. He indicated that he did not have to request to
move the easement to build this particular house. The illegal filling was not illegal. There has
been illegal dumping on this lot and they do not know who did it. It was on top of dry soil, not
in the water. The Harstad reputation is something to be proud of and this development was not a
Harstad development. There was never a house presented to be built on either of these lots that
was turned down. There was a request for additional filling in Lot 6 that was turned down. The
lot does not need more filling but they would likely haul in black dirt. He said his family owned
these two lots for many years and he is now ready to use the lot. He invited the neighbors to have
this conversation. He would be proud to live and work in the City. He thanked everyone for
listening, and apologized for taking up so much time.
Councilmember Billings asked if the soil borings were taken on top of the mounds so as not to
go down as far? Were they taken close to where the footprint of the building is expected to be?
FRIDLEY CITY COUNCIL MEETING OF MAY 21, 2001 PAGE 15
Mr. Harstad stated that was correct.
Councilmember Billings asked if he had a response to the statement that the lots were marked on
the plat as unbuildable.
Mr. Harstad stated that both of those lots have sewer and water stubs. When it was platted, it
was legal to fill in this particular place.
Mayor Lund stated that the Wetlands Act of 1991 states that you should not fill in.
Councilmember Billings stated in 1994 there was a request to fill in Lot 6. The neighborhood
and staff had concerns about preserving as much of the wetland area as possible. That is why in
the final agreement, it indicated that the two lots had to be combined to assure in perpetuity that
that no one would come in years later and want to fill in Lot 6.
Mr. Harstad stated that the house he proposed does not even cross the 25 percent maximum
allov�able space for the home to be built on.
Councilmember Barnette asked if he requested that the easement be removed.
Mr. Harstad stated that he requested it. It was a surprise to him tonight that the lots should be
combined. He wanted to thank Councilmember Billings for adding clarification to that. He
thought he applied for that request.
Councilmember Billings stated that once he applies for the lots to be combined, it is an
administrative thing. It is routine in an effort to make it less complicated. Separating them
requires an affirmative action of the Council. He wants to vote tonight to approve this easement
tonight, but on the other hand he is tempted to vote against it so he does not send a wrong
message to the neighborhood. He asked if Mr. Harstad would consider a stipulation on the
vacation and rededication that there would be no building built on the vacated portion of the
easement unti12005.
Mr. Haxstad stated that he would not because in order to build the house five feet to the south, he
would need more side yard between the house and the lot. He does benefit from moving of this
easement because it gives him five more feet away from the neighbor to the north.
Councilmember Billings stated that the lot is approximately 106 feet across and asked if Mr.
Harstad was going to build a 76-foot wide house.
Mr. Hickok stated that the house has a footprint of 2,100 square feet and the lot size is 13,000
�
square feet. That represents lot coverage at 16 percent.
Councilmember Bolkcom asked Mr. Harstad if he would be willing to have a representative from
the neighborhood meet with himself and his hydrologist to better understand what all those
numbers mean.
FRIDLEY CITY COUNCIL MEETING OF MAY 21, 2001 _ PAGE 16
Mr. Harstad stated that he is not willing to spend any more money. He has already done
goodwill steps to try to make everything clear. He would extend access to those lots for a look
from any other hydrologist. He is not opposed to accepting an offer he cannot refuse for the
purchase of the lot. This particular hydrologist that he previously hired may even meet with the
neighborhood off the meter.
Councilmember Wolfe stated that he listened to the neighbors and they have legitimate concerns,
but sometimes it is necessary to vote for a law that we do not necessarily agree with. The law is
the law.
0
Mr. Knaak City Attorney, stated that was conect and it has nothing to do with whether or not he
can build there. It could have impact on the location of the house.
MOTION by Councilmember Wolfe to adopt Resolution No. 27-2001 to vacate a 5 foot portion
of an existing utility easement and then re-create a 20-foot utility easement on Lots 5& 6, Block
2, Innsbruck North 2"d Addition, generally located at 5490 East Danube with the stipulation that
the petitioner shall not construct any building or other permanent improvements over the
easement area. Seconded by Councilmember Barnette.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
Councilmember Wolfe stated that as far as building expectations, Staff does not let anything
slide by that cannot be built.
C;ouncilmember Billings thanke� everyone for attending the meeting and airing their concerns.
He wished there were a better solution.
Mayor Lund asked what would happen neYt.
Mr. Hickok stated that Mr. Harstad could apply for a building permit anytime now.
10.5 APPOINTMENT-CITY EMPLOYEE:
MOTION by Councilmember Barnette to approve the appointment of Greg Tirevold as Payroll
Technician. Seconded by Councilmember Bolkcom.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY. .
11. INFORMAL STATUS REPORTS:
Mayor Lund stated that he attended the Islamic Center's neighborhood picnic on Sunday. There
was a very large audience there and he was impressed by the nice people and the gracious
hospitality.
FRIDLEY CITY COUNCIL MEETING OF MAY 21, 2001 PAGE 17
ADJOURN:
MOTION by Councilmember Barnette to adjourn the meeting. Seconded by Councilmember
Wolfe.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MAY
21, 2001, CITY COUNCIL MEETING ADJOURNED AT 10:57 P.M.
Respectfully submitted,
Signe L. Johnson
Recording Secretary
�
Scott J. Lund
Mayor
�ITY OF FRIDLEY
PLANNING COMMISSION MEETING, MAY 16, 2001
CALL TO ORDER:
Chairperson Savage called the May 16, 2001, Planning Commission meeting to order at 7:30
p.m.
ROLL CALL:
Members Present: Diane Savage, Barbara Johns, Dave Kondrick, Leroy Oquist, Larry
Kuechle
Members Absent: Connie Modig, Dean Saba
Others Present: Paul Bolin, Planning Coordinator
Kelly Koenig, Daktronics, Inc.
� Wayne Dahl, North Metro Spinecare Specialists, PA
APPROVE THE MAY 2 2001 PLANNING COMMISSION MEETING MINUTES:
MOTION by Mr. Oquist, seconded by Mr. Kondrick, to approve the May 2, 2001, Planning
Commission meeting minutes as presented.
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE
MOTION CARRIED UNANIMOUSLY.
1. PUBLIC HEARING:
Consideration of a Zoning Text Amendment, ZTA #01-01, by Daktronics, Inc., Wayne
Dahl, to remove Section 214.07.1 B of the City Sign Code, regarding automatic
changeable signs, which states, "the message shall not change more than once every
fifteen (15) minutes except for a sign displaying time, temperature and/or date".
MOTION by Mr. Kuechle, seconded by Mr. Oquist, to open the public hearing. --- —
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE
MOTION CARRIED AND THE PUBLIC HEARING WAS OPENED AT 7:32 P.M.
Mr. Bolin stated that the petitioner, Daktronics, Inc., is seeking to change the Zoning Text of the
Fridley Sign Code to allow automatic changeable signs displaying more than time, terriperature,
and date to change messages more than once every 15 minutes for all commercial and
industrial districts. Staff recommends denial of this zoning text amendment. The petitioner has
failed to provide any reasoning to justify this change to the sign code, and there does not
appear to be community wide support for this text amendment. The quick changing messages
seen on electronic reader boards in other communities may be detrimental to the public safety.
It is not uncommon for a driver's eyes to be drawn to the changing messages on the these
signs. Appeals Commission and City Council have denied requests for variances to this code
section (as recently as February 2001).
1
PLANNING COMMISSION MEETING, MAY 16, 2001 PAGE 2
Mr. Bolin stated that the petitioner is a manufacturer of electronic signs. The Fridley Sign Code
states in Section 214.07.1 B: "The message shall not change more than once every fifteen
minutes except for a sign displaying time, temperature and/or date". The Fridley Sign Code has
undergone minor modifications since the last major revision of the Code in 1976. During the
last major revision, a committee consisting of City officials, sign company representatives and
the local Chamber of Commerce worked as a team to deve�op an effective sign code. The
committee that carried out this major revision developed an ordinance that has been so
effective, that only minor changes to correct "typo's" or to clarify points have been made over
the past 25 years. The section of the code, which the petitioner is proposing the City delete,
was reviewed in 1984 and 1988 when minor changes were made to the sign ordinance. The
petitioner has failed to provide any reasoning or supporting materials to justify this proposed
change to the sign code. The petitioner's supplement to the City's application sheet simply
states: "Petitioner requests that paragraph B under code 214.07 be eliminated."
Mr. Bolin stated this request did not come to the City through the Chamber of Commerce or any
other collection of businesses. Daktronics, Inc. is the official petitioner listed on the application
sheet; however, Dr. Wayne Dahl is a co-petitioner. The Appeals Commission and City Council
both u�animously denied this same petitioner's variance request to this code section in
February due to the concerns about safety and visual clutter. The quick changing messages
seen on electronic reader boards in other communities may be detrimental to the public safety.
It is not uncommon for a driver's eyes to be drawn to the changing messages on these signs. If
a portion of the message is not caught by the driver, often they will be trying to catch the
remainder of the message in their rear view mirror as they drive past the message center. This
is a threat to public safety.
Mr. Kuechle asked if there were any state codes as to what can be permissible for changeable
readerboard signs or City codes.
Mr. Bolin stated that the State leaves the sign code up to the local municipalities. It is staffs
discretion to be as permissive as they want regarding these signs. Most communities do not
have a time requirement on its boards, yet some cities do not allow those signs at all. Staff has
had positive comments regarding the sign code in general. People feel the size limits are very
generous and, other than this petitioner, there have not been many complaints on the sign code.
The petitioner, Kelly Koenig of Daktronics, Inc., stated that Dr. Dahl is not the only individual
who has requested an electronic sign change. Based on the way the code is written,
businesses have chosen not to purchase electronic signs. Modern society demands information
these days. Without signs people would not know which way to go, there is a need for signage.
People shop from their cars nowadays more than they ever have. These types of electronic
signs are used widely. These signs are more of an ally with government and transportation.
Construction signs alert drivers with more than one message. What makes Fridley different
than the other 3,000,000 communities in the country that do allow them? Technology changes
along with the other things in life that change. They did not approach the Chamber of
Commerce, but their intent was to see how the majority of business owners felt about this issue.
They have a valid concern among the business owners with this survey that was circulated for
them to sign if they agreed with the changing of the code.
MOTION by Mr. Kondrick, seconded by Mr. Oquist, to accept the Petition for Fridley Change of
Text Amendment.
Z
PLANNING COMMISSION MEETING, MAY 16, 2001 PAGE 3
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE
MOTION CARRIED UNANIMOUSLY.
Mr. Koenig stated that he had a memoraRdum from the Department of Transportation adopted
in 1996 regarding the changeable message signs. It states "Changeable message signs are
acceptable for off premise signs regardless of the type of technology used. If the interpretation
of the state/federal agreement allows such types of signs, because of the increased use of
changeable message signs, we believe it is timely to restate our position concerning these
signs."
MOTION by Mr. Oquist, seconded by Ms. Johns, to accept the memorandum.
UPON �4 VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE
MOTION CARRIED UNANIMOUSLY.
Mr. Koenig stated that if signs are not a public safety issue, he trains people that operate the
signs in the most effective manner. A continuously traveling message would not be most
effective. If a sign is not programmed well, the business will suffer. There is not a lot of
documentation stating that these types of signs cause accidents. It is merely speculation that
the signs cause accidents. They would like to take these findings to the Chamber of Commerce
and ask for its support. The section in the International Zoning Code book is open to
interpretation, which was used in writing the Fridley sign code. It is open to amendments.
Mr. Kuechle asked where the problem is when the City allows a change every fifteen minutes.
How many lines is a driver able to read at a typical speed on Highway 65 or University Avenue?
If a sign is in the process of moving, it may be even harder to read.
Mr. Koenig stated that you can read a word from about 50 feet away. You may have a message
on the sign you can read from an acceptable distance away with a character height of at least
20 inches tall. Allowable square footage of sign does not accommodate what would be
considered a complete thought. They define message as a complete thought which may take
multiple frames to accomplish. The ability to change the words rapidly in less than fifteen
minutes means only five to ten seconds of viewing time, from the furthest distance that you see
the signs to the time you passed it. The message requiring multiple frames to get the word
across makes it possible to live with fifteen minutes. Traveling messages are not a mode of
communication, but should be allowed to change more than once every fifteen minutes. If you
have seven words on your display, you have about five to seven seconds to read that
depending on the distance.
MOTION by Mr. Kondrick, seconded by Mr. Oquist, to close the public hearing.
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE
MOTION CARRIED AND THE PUBLIC HEARING WAS CLOSED AT 7:49 P.M.
Mr. Oquist stated that he was on the Planning Commission when that ordinance was passed.
The City does allow movable signs; it is just the timing factor. They are to display a message
out there and the Sign Code as written is good and he would be against that change.
Mr. Kuechle concurred. The case is not made strongly enough that it would be beneficial to a
very large number of people other than the people who want to sell the signs.
�3
PLANNING COMMISSION MEETING, MAY 16, 2001 PAGE 4
Ms. Savage also agreed. When she was on the Appeals Commission, one of her concems with
the variance request for signs was that they are a visual pollutant, and she would like to get rid
of all the billboards and limit signs only to let people know where the businesses are. She is
very proud of the Fridley sign ordinance and if there is a special need for such a sign, they can
be presented as a variance request or special use request. This would be opening up the door
to many signs that would add to the visual pollution, and she is opposed to any change.
Mr. Kondrick stated that he was also on the Planning Commission when this was brought up
before. He has not changed his mind since then. He believed the Sign Code they have
functions well. Changing the code would mean visual pollution, and it is a danger to have
messages like that.
Ms. Joh�s stated that it is a safety issue and she favors the fifteen minute time lapse. People
go a lot faster than 45 miles per hour on University to give them more time to read it. If they
change this, she can see all sorts of signs popping up. This would be hindrance to drivers and
people should be paying more attention to the roads, rather than what is on the side of the road.
MOTION by Mr. Oquist, seconded by Mr. Kondrick, to recommend denial ZTA #01-01.
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE
MOTION CARRIED UNANIMOUSLY.
Ms. Savage stated this item goes to City Council on June 4.
2. RECEIVE THE MINUTES OF THE APRIL 25. 2001. APPEALS COMMISSION
MEETINGS:
MOTION by Mr. Kondrick, seconded by Ms. Johns, to receive the minutes.
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE
MOTION CARRIED UNANIMOUSLY.
3. RECEIVE THE MINUTES OF THE APRIL 5 2001 HOUSING AND REDEVELOPMENT
AUTHORITY MEETING: �
MOTION by Ms. Johns, seconded by Mr. Kondrick, to receive the minutes. '
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE
MOTION CARRIED UNANIMOUSLY.
4. RECEIVE THE MINUTES OF THE MARCH 28. 2001. APPEALS COMMISSION {
MEETING: �� �
MOTION by Mr. Kondrick, seconded by Mr. Oquist, to receive the minutes.
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE
MOTION CARRIED UNANIMOUSLY.
5. RECEIVE THE MINUTES OF THE APRIL 2 2001 PARKS AND RECREATION
COMMISSION MEETING:
�
PLANNING COMMISSION MEETING, MAY 16, 2001 PAGE 5
MOTION by Mr. Oquist, seconded by Ms. Johns, to receive the minutes.
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE
MOTION CARRIED UNANIMOUSLY.
ADJOURNMENT:
MOTION by Mr. Kondrick, seconded by Mr. Oquist, to adjourn the meeting.
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE
MOTION CARRIED AND THE MAY 16, 2001, PLANNING COMMISSION WAS ADJOURNED
AT 7:59 P.M.
R spectfully submitted,
� ',"'`�
Si e L. Joh on �
Recording Secretary
5
/ AGENDA ITEM
� CITY COUNCIL MEETING OF June 4, 2001
UfY OF
FRIDLEY
Date: May 30, 2001 � J
A�rd�
To: William Burns, City Manager ��Y
From: Julie Jones, Environmental Planner
- Jack Kirk, Park and Recreation Director
Subject: Moore Lake Shoreline Buffer Strip Proposal
Backgroand
The City of Fridley has been approached by the Association of Metropolitan Soil Conservation
Districts about completing a lake buffer strip demonstration project on the southern shore of East
Moore Lake. They are interested in this location because it is visible along Highway 65. They are
actually so interested in this location that they are waiving a 50% match requirement and offering
$3,000 in grant funding to make the project attractive to the City of Fridley.
Creating a buffer strip involves removing comman turf along the shoreline and replacing it with
native plantings that have deep root systems which help absorb pollutants as well as prevent soil
erosion. He explained how buffer strips are an effective means to improve lake water quality. They
also help keep geese populations out of the area, whose presence also diminishes water quality.
The location where they are proposing to replace the turf grass with a mix of native shoreline plants is
along the southern edge of East Moore Lake in the area of the retaining wall, circled on the attached
map. This area is very close to Old Central Avenue. The strip would only be about 6-10' wide in the
area between the retaining wall and the water's edge: The length of the buffer strip is expected to be
386 feet, the length of the retaining wall. This is roughly 3,860 square feet, which would be roughly
1,750 plants spaced 18 inches apart.
In order to get the grant funds, the City would need to enter into an agreement with the agency. In
that agreement, the City would commit to maintaining the 386' long buffer strip once it is planted.
Possible maintenance would involve initial watering if weather conditions warrant, mowing down
weeds twice the first two growing seasons, and hand-weeding unwanted plants or conducting a
controlled burn of the area once every three years. This maintenance would need to be conducted by
Fridley's Park Maintenance staff or be contracted out. The City would need to repay the grant funds
if the buffer strip is removed within a ten-year time frame.
Both the Park and Recreation Commission and the Environmental Quality and Energy Commission
have received a presentation about the lake buffer strip proposal.
Staff has met twice to discuss the implications of this proposed project. We agree that it will be most
critical that the project be thoroughly communicated to the public. Julie Jones, Environmental
Planner will work closely with the ACD on public education efforts, including written articles for the
City newsletter, a sign to be posted at the site, and a�cial cable television program. Julie can also
serve as the key person to field complaints.
Information we have obtained from the Head of the City of Minneapolis' Park Maintenance Division
indicates that there is less maintenance involved in maintaining these natural buffer strips than with
standard mowed turf. However, litter clean up, which is a problem due to close proximity to the
highway, will be more cumbersome in the taller plant material. Litter will need to be collected by
hand rather than by machine. The City staff would attempt to use community service personnel to
conduct needed litter clean ups, however, if crews are not available when needed, additional staff
resources may be required. The other downside of the proposal is that the area selected for the pilot
project is probably not a large enough azea to have any positive impacts on water quality. However, if
the City should decide to expand it in the future, it will likely positively impact the quality of Moore
Lake's water.
The Community Development staff has also consrEiered this proposal in terms of the City's weed
ordinance. Staff does not see a conflict with allowing the lake buffer strip in this instance because we
do have other locations in the City of Fridley where we have allowed intentionally-planted, natural
landscape areas to exceed the 10-inch height rule as long as they are maintained for environmental
purposes. However, if this buffer strip concept is one that it going to be promoted by the City, we
feel that w.e should consider amending the ordinance language to clearly allow it.
Recommendation
The Park and Recreation Commission voted unanimously in favor of pursuing the buffer strip funds
for Moore Lake. They also indicated interest in pursuing grant funds in future years to expand the
buffer strip concept to other shoreline areas around East Moore Lake. They did recognize a concern
that this area of Moore Lake is a highly visible area of the community and that we will likely receive
complaints from individuals that are uneducated about the intended benefits of the project.
The Environmental Quality and Energy Commission receivzd a presentation on the Moore Lake
buffer strip proposal at their May meeting and also passed a motion recommending the project.
Since there is scientific evidence that shoreline buffer strips improve water quality, and this proposal
will cost the City nothing in cash outlay, staff recommends that we accept the Association of
Metropolitan Soil Conservation District's request to install a shoreline buffer strip on East Moore
Lake. Staff furtfier recommends that the City Council approve the attacfied-Shoreline Habitat
Agreement, authorizing the City Manager to execute it.
M-01-59
7
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Anoka Conservation District
Shoreline Habitat Agreement — ACD Demonstration Site
Landowner:
(Name, address,
telephone)
City of Fridley
6431 University Avenue NE
Fridley, Minnesota 55432
(763) 571-3450
This agreement dated June 4, 2001 between the Anoka Conservation District
(ACD) and the City of Fridley (landowner), is entered into in order to revegetate
shorelines, with native plant species that occur locally, for the purposes of
restoring aquatic plants, protecting water quality and improving fish and wildlife
habitat. This project is intended to demonstrate to private landowners methods
of sustainable shoreline management. Through this Agreement, landowners will
permit the ACD and Cooperators to undertake certain shoreline habitat
restoration activities.
This Agreement covers lands in T. 30, R24, Sec. 24, adjacent and within the
following watercourse: East Moore Lake; as specified in the project proposal.
The term of this Agreement shall be ten (10) years, from August 15, 2001 to
August 15, 2011.
The Landowner agrees �o the terms of installation and maintenance and is
responsible for the maintenance of the project for a period of ten (10) years to
ensure that the conservation objective of this practice is met.
The ACD assumes no liability for injury or damage, other than that caused by it's
own negligence, in the project area. The ACD assumes no jurisdiction over the
project area for purposes of controlling noxious weeds or other incidents of -- —
ownership.
This Agreement may be amended by mutual consent of the ACD and Landowner.
The Landowner agrees to reimburse the ACD for the entire $3,000 cost of the
project in the case of early termination of this Agreement. The ACD shall have
no obligation to restore the land to its original condition upon expiration or
termination of this Agreement.
Chris Lord Date City Manager Date
ACD District Manager City of Fridley
1 601 5 CENTRALAVENUE NE SUITE 1 03 • HAM LAKE, MN
PHONE: 763-434-2030 Ex915 F,vc: 763-434-2094
/
r
CfTlf OF
FRIDLEY
AGENDA ITEM
CITY COUNCIL MEETING OF JUNE 4, 2001
Date: May 30, 2001
To: William Burns, City Manager ��%s
From: Scott Hickok, Community Development Director
Paul Bolin, Planning Coordinator
Julie Jones, Environmental Planner
Subjecf: Proposal to Extend BFI Curbside Recycling Contract
Background
Several months ago, BFI asked if they could submit a proposal to extend their existing contract to
provide recyciing services in Fridley. Since we would have to start preparing to begin the request for
proposal process this fall, we suggested that they submit a proposal this spring to allow us plenty of time
to consider it. Our existing contract with BFI is due to expire March 31, 2002.
Two months ago, BFI submitted the attached proposal to extend our existing contract another three years.
The rates proposed reflect a 4.8% increase in the current single-family rate of $2.08 per month and a
6.5% increase in the current multi-family rate of $1.40 per month over the three-year term of the
extension. BFI has not had a rate increase since they began their existing contract in March 1999.
Service provided by BFI has been excellent. They have had very few reported missed collections or
equipment breakdowns. They have filed their recycling reports in a timely manner and have been
responsive to any concerns brought before them. BFI has also been very willing to do extra things for
Fridley at no extra cost like conduct the canned food drive and run a recycling truck in the 49ers Day
parade.
Staff has investigated contracted recycling fees at the few communities that are similar in development
and also have a similar waste management system to Fridley. For those few cities that do, BFI's
proposed fees are in line with the costs those other cities are paying currently.
Staff has incorporated BFI's proposed price increase into the proposed 2002 Solid Waste Abatement
Program (SWAP) budget. The increased curbside collection costs will cause the budget expenses to run
about $10,000 over expected revenues, however. This causes a need to either subsidize the SWAP fund
from the General Fund or increase the fees residents pay on City utility bills for recycling services. These
fees were last increased to $5.50 per quarter in January 1997, when we started weekly recycling
collections. Since staff is currently drafting a complete rewrite of the code section addressing fees for the
Council's consideration later this year, now is a good time to debate a fee increase.
10
Recommendation
Staff recommends that the City Council approve the attached agreement amendment that would extend
the term of the city's contract with BFI's another three years with the noted annual price increases. Staff
further recommends that the City Manager be authorized to execute the contract amendment. The
increased fees reflect less than a 1% increase per year over six years during a time when fuel prices have
greatly increased.
There are some new recycling collection methods being tested by other communities in the Metro area
this year that may have future impacts on how recycling is collected. These changes are likely more than
three years away from being widely available, however, so we should be able to complete another three
year agreement with BFI without any needed changes.
A SWAP fee increase needs to be discussed during the upcoming review of Section 113 of City Code if
the City wants to fully fund our recycling programs without subsidy from the General Fund.
M-01-60
11
, 3.;ti.o�
����
�Iarch 5, 2001
:ity of Fridley
ulie Jones, Recycling �:oordinator
:ommunity Development Department
�ridley Municipal Center
�431 University Ave. N.E.
'ridley, MN 55432�
�ear Ms. Jones,
__ , ' Waste
' Services
of the Twin Cities
Blaine tlaWing
:'hank you very much ior taking the ti�ne to discuss with David Weidenfel(er and I various issues relating to the
ecycling collection in the City of Fridley. We would like to request an extension of tlie eun�ent contract. We are
lso proposing that the ��rice for residents would not increase next ycar if the City agrces to extend the current
ontract for three (3) ycars. �'I�e new term dates of the contract would be f'rom April l, 2002 to March 31, 200�.
�Ie are also proposing that the price for residents would be on a fixed yearly basis and not tied to any Consumer
'rice Index (CPI) figures.
�tECYLCING RATE
�urrent:
Year 1:
Year 2:
Year 3:
$2.08 per residential unit per month
$2.12 per residential unit per month
$2.15 per residential unit per month
$2.18 per residential unit per month
$1.40 per multi-dwelling unity per month
$1.43 per multi-dwelling unity per month
$1.46 per mul ti-dwelling unity per month
$1.49 per multi-dwelling unity per month
I'hank you again for ye�ur coritinued b�isiness and partnership. We Ic,ok forward to an��ther �uccessful year and
will assist you in any«•ay possible. If }�ou should have any question�, please do not hesitate in contacting me
directly at 763-259-55(�9.
Siticerely,
��
Tc�m Chovan
General Manager, Iilai�te BFI Hauling Division
8661 Rendova Street N.E. • Blaine, Minnesota 55014
P.O. Box 39 • Cude Pines, MN 55014
Phone 763-784-2104 • Fax 763-784-0809
M EQual �y�EmPbY�
L
zox aua�ca�.�« C'�
AMENDMEh1T TO AGREEMENT FOR
CURBSIDE RECYCLING SERVICES
This Agreement is made on the _ day of , 2001 between the City of Fridley, Fridley,
Minnesota, ("City") and BFI Waste Systems of North America, Inc. ("Contractor").
WHEREAS, Contractor is in the business of collecting recyclables,
WHEREAS, City desires Contractor to collect recyclables from the City's single family through
12 unit multiple dwellings in accordance with the terms of an Agreement dated February 22,
1999, with the following amendments:
NOW, THEREFORE, the City and Contractor agree as follows:
28. Term. The term of this Agreement shall be extended to be April 1, 2002 to
March 31, 2005, the date of signature by the parties notwithstanding. The parties
may, by mutual agreement, cause this Agreement to be extended for three (3)
years after the foregoing expiration date, subject to the right of either party to
terminate for cause by ninety (90) days written notice as provided in the following
paragraph.
Exhibit A
Fees for Curbside Recycling Services.
Fees for services provided by the Contractor shall be paid by the City. Fees shall
be based on a per household payment as follows:
April 1, 2002 — April 1, 2003
$2.12 per residential unit per month (1-4 unit buildings)
$1.43 per multi-dwelling unit per month (5-12 unit buildings)
April l, 2003 — April l, 2004
$2.15 per per residential unit per month (1-4 unit buildings)
$1.46 per multi-dwelling unit per month (5-12 unit buildings)
April 1, 2004 — April 1, 2005
$2.18 per per residential unit per month (1-4 unit buildings)
$1.49 per multi-dwelling unit per month (5-12 unit buildings)
Executed as of the day and year first above written.
City of Fridley BFI Waste Systems of North America, Inc.
By By
Its Cit� ana.�er Its
13
/
�
CfTY OF
FRIDLEY
TO:
FROM:
DATE:
SUBJ ECT:
AGENDA ITEM
CITY COUNCIL MEETING OF JUNE 4, 2001
William W. Burns, Ciry Manager
J on �. Iaukaas, Public Works Director
_ June 4, 2001
Municipal Center Recarpet Project
PWOI-046
On Thursday, May 17, 2001, at 11:00 a.m. bids were opened for the Municipal Center
Recarpet Project. Seven sets of plans and specifications were sent out and one bid was
received.
A bid was received from Pink Business Interiors of Minneapolis, MN. The base bid was
$167,777. Approximately $140,000 was budgeted for this project. This is $27,777 over the
budgeted amount not including the Fire Department bid of $15,880.
Recommend the City Council receive the bid and reject the bid for the Municipal Center
Recarpet Project No. 339 and authorize staff to re-advertise for bids.
JHH:cz
Attachment
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15
/
`
UfY OF
FRIDLEY
Name
Michael
Williams
AGENDA ITEM
CITY COUNCIL MEETING OF JUNE 4, 2001
Position
Patrol
Officer
Non-exempt
Appointment
Starting
Salary
$15.64
per year
(2001 contract)
16
�
Starting
Date
June 18,
2001
Replaces
Gary
Lenzmeier
�
�
�
CITY OF
FRIDLEY
AGENDA ITEM
COUNCIL MEETING OF
JUNE 4, 2001
CLA1 MS
99639 - 99835
17
�
�
CRY OF
FRIDIEY
AGENDA ITEM
CITY COUNCIL MEETING OF
JUNE 4, 2001
Type of License: �
FOOD
Zantigo Don Kaelble
255 57`h Ave NE
Fridley, MN 55432
Chanticlear Pizza Keith Moeller
1262 East Moore Lake Dr
Fridley, MN 55432
CARNIVAL
Gold Star Amusements Mike Featherston
9748 Vale St
Coon Rapids, MN 55488
TAXICAB
AAA Taxi Cab Mamo Demissie
2010 East Hennepin, Suite 7-221
Minneapolis, NIN 55413
RELIGIOUS & CHARITABLE PEDDLER
Fund for Public Interest Patrick Rowaz
Research
1313 5�' St SE
Minneapolis, MN 55414
LICENSES
:
Approved By:
Public Safety
Fire Inspector
Community Development
Public Safety
Fire Inspector
Community Development
Public Safety
Fire Inspector
Community Development
Public Safety
Public Safety
Community Development
Planning Assistant
Fee
$45
$45
Fee Waiver
Requested
E�
None
�
�
AGENDAITEM
City Council Meeting Of Monday, June 04, 2001
City of
Fridle
�__
- Gas Services
y Dave's Appliance Heating 8� Air Inc
1601 37 Ave NE
Columbia Heights MN 55421
Flare Heating 8� Air Conditioning
9303 Plymouth Ave N
Golden Valley MN 55427-
Krinkie Heating & Air Cond
87ECoRdB
St Paul MN 55117-1928
General Contractor-Commercial
B 8 B Sheetmetal 8� Roofing Inc
210 Centennial Dr
Buffalo MN 55313
Catamount Constructors Inc
32135 Castle Court STE 100
Evergreen CO 80439-
Haglin C F& Sons Inc
4005 W 65 St
Edina MN 55435
Rite-Way Waterproofing
448 Lilac St
- Lino Lakes MN 55014
- General Contractor-Residential
Advance Home Products Inc (2332)
3770 West Broadway
Robbinsdale MN 55422
�
David Robe�ts
Shelly Parendo
Bruce Krinkie
Brad Burns
Joel Schulz
Tom Goering
Charlene Messerich
Mark Silverstein
��
Aparoved Bv:
Ron Julkowski
Building Official
Ron Julkowski
Building Official
Ron Julkowski
Building Official
Ron Julkowski
Building Official
Ron Julkowski
Building Official
Ron Julkowski
Building Official
Ron Julkowski
Building Official
State of MN
�
Becchetti Construction (3400)
22860 Olinda Tr N Ted Becchetti
Scandia MN 55073-
Betz Construction Co LLC (20267575)
371 Julep Ave N Doug Betz
Lake Elmo MN 55042
Brickner Builders (3440)
6230 Hwy 65 NE #103 Rick Brickner
Fridley MN 55432
Budget Exteriors Inc (6564)
8017 Nicollet Ave Kenneth Thompson
Bloomington MN 55420
Cornerstone Custom Construction (20224759)
1330 133 Lane NE STE 1 Kelly Hemp
Ham Lake MN 55304-
Landmark Contracting Inc (20170767)
1879 Dayton Ave Peter Kessler
St Paul MN 55104-
Lingen Construction Inc (4979)
2382 Hwy 55 Terry Lingen
Hamel MN 55340-
Lodermeier Constructiaa (20112515) �
8421 Center Dr Brian Lodermeier
Spring Lake Park MN 55432
New Haven Construction Co (20077950)
4208 83 Ave N Dan Cardinal
Brooklyn Park MN 55443
Northern Exposure Exteriors (20173814)
2625 Emerson Ave S Bruce Conway
Minneapolis MN 55408-
Z�
Anoroved By�
State of MN
State of MN
State of MN
State of MN
State of MN
State of MN
State of MN
State of MN
State of MN
State of MN
�
. .
�
�
Reliant Energy-Minnegasco (20169856)
2309 Snelling Ave STE A Scott Harrington
Minneapolis MN 55404
Heatina
Flare Heating 8 Air Conditioning
9303 Plymouth Ave N Shelly Parendo
Golden Vailey MN 55427-
Krinkie Heating 8 Air Cond
87 E Co Rd 6 Bruce Krinkie
St Paul MN 55117-1928
Masonrv
Bertrand & Hoff
PO Box 323 Richard Hoff
Forest Lake MN 55025
Plumbina
Larson Plumbing Inc
3095 162 Lane NW James Larson
Andover MN 55304
Oak Grove Sewer 8� Water Inc
22590 Rum River Blvd NW Joseph Murray
St Francis MN 55070-
Trailers --- — �
Totino Grace High School
1350 Gardena Ave NE
Fridley MN 55432 1350 Gardena Ave NE
21
Aoaroved By:
State of MN
Ron Julkowski
Building Official
Ron Julkowski
Building Official
Ron Julkowski
Building Official
State of MN
State of MN
Ron Julkowski
Building Official
4
/
�
CRY OF
FRIDLEY
Ron Kassa Construction
6005 — 250�` Street East
Elko, MN 55020
■
AGENDA ITEM
CITY COUNCIL MEETING OF
JUNE 4, 2001
ESTIMATES
Miscellaneous Concrete Curb and Gutter
�nd Sidewalk Project No. 338
EstimateNo. 2 ......................................................................................................... $3,985.08
Frederic W. Knaak, Esq.
Holstad and Knaak, P.L.C.
1690 Minnesota World Trade Center
30 East Seventh Street
St. Paul, MN 55101
Services Rendered as City Attorney for the
Month of May, 2001 ................................................
22
..................................... $5,000.00
�
AGENDA ITEM
CITY COUNCIL MEETING OF
(7TY OF
FRIDLEY
To: William W. Burns, City Manager
JUNE 4, 2001
From: Richazd D. Pribyl, Finance Director �p
Debra A. Skogen, City Clerk
Date: May 24, 2001
Re: - Public Hearing of Proposed Charter Amendment on Chapter 6 and 8 of the Fridley Charter
Pertaining to Contracts, Public Improvements and Special Assessments
The Fridley Charter Commission began reviewing Chapter 81ast spring to see if any changes were
necessary to update the language. They requested information from John Flora, the former Public
Works Director and the Minnesota State Legislature had passed a new law changing the dollar
amount required for the competitive bid process. The state law was changed from a$25,000
threshold to $50,000, and the Fridley Charter is currently $10,000. During this legislative session,
the special assessment threshold was also changed to $50,000.
Upon reviewing the recommendations of Mr. Flora and the new state laws, the Charter Commission
moved to amend the City Charter and drafted an ordinance, as shown in Attachment 1. The
ordinance was reviewed by Charter Commission Attorney Elizabeth Moore, who said the ordinance
was appropriate and advisable. A public hearing was scheduled for June 4, 2001, and the Notice of
-- - Hearing was published in the Fridley Focus, on May 24, 2001, as shown in Attachment 2.
Staff recommends holding the public hearing.
23
Attachment 1
ORDINANCE NO.
AN ORDINANCE AMENDING SECTION 6.06, CONTRACTS, HOW LET AND
CHAPTER 8. PUBLIC IMPROVEMENTS AND SPECIAL ASSESSMENTS OF THE
FRIDLEY CITY CHARTER
The City Council of the City of Fridley does hereby ordain as follows:
That the following sections of the Fridley City Charter be amended as follows:
Section 1: That Section 6.06. CONTRACTS, HOW LET, be amended as follows:
In all cases of contracts for the purchase of inerchandise, materials or equipment or for any kind
� of construction work undertaken by the City, which require an expenditure of more than that
which is set by the State Statutes, unless the Council shall by an emergency ordinance otherwise
provide, the City Manager shall advertise for bids by at least ten (10) days published notice in the
official newspaper. When a bid is required, it shall be let to the lowest responsible bidder who is
�ualified in accordance with Minnesota State Statutes as determined by the Council. The
Council may, however, reject any and all bids. Nothing contained in this Section shall prevent
the council from contracting for the doing of work with patented processes, or from the
purchasing of patented appliances.
Section 2: that CHAPTER 8. PUBLIC IlVIPROVEMENTS AND SPECIAL ASSESSMENTS,
be amended as follows:
Section 8.01. THE CITY PLAN.
The present "''� zoning and comprehensive plans shall be the plans for future physical
development of the City. &�sk �Plans may be altered from time to time. To alter s�s� a zonin�
plan, the City Council shall hold a public hearing and notice published fourteen (14) days prior
-- — to hearing with notices sent to affected property owners. It may include provisions for zoning,
for the platting and development of new azeas, for the planning and location of public works of
art, public buildings, parks, playgrounds, bridges, transportation lines, and other public facilities,
and for laying out, �g improving e€ streets and public places as well as €e� all other matters
which may seem essential to such a plan.
Section 8.02. ENFORCEMENT OF CITY PLAN.
The Council shall have all necessary power, acting through the City Manager, to enforce
complete adherence by all persons to the plans adopted as provided above, and to adopt and
enforce a comprehensive zoning ordinance. The Council shall have power to pass ordinances to
regulate the
24
Ordinance No. Page 2
use of private property, the height of buildings, and the proportion of the azea of any lot which
may be built upon and to establish building lines. Such power shall be exercised to promote
public health, safety, morals, welfare and convenience.
Section 8.03. PUBLIC Il��IPROVEMENTS AND SPECIAL ASSESSMENTS.
The City shall have the power to make any and every type of public improvement not forbidden
by the laws of the State and to levy special assessments to pay for all such improvements as are
of a local character, in accordance with Minnesota State Statute Chapter 429. Local
Improvements, Special Assessments. The amounts assessed to benefited property to pay for
such local improvements may equal the cost of the improvements, including all costs and
expenses connected therewith, with interest, until paid, but shall not exceed the benefits to the
property.
Section 8.04. LOCAL Il��IPROVEMENT REGULATIONS.
,
. The City Council may prepare and adopt
a comprehensive ordinance, prescribing the procedure which shall determine all matters
pertaining to the making of local improvements thereafter, and such ordinance shall supplant all
other provisions of law on the same subject and may be amended only by an affirmative vote of
at least four (4) members of the City Council. Such ordinance shall provide for such notice and
hearing in the ordering of improvements and the making of assessments therefore as shall be
necessary to meet constitutional r�quirements. Such ordinance shall also require a petition of a
majority in number and interest of the owners of property to be assessed for such improvement,
or impr�vements, for the initiation thereof; provided that the City Co�ancil may proceed upon its
own initiative hereunder and under such ordinance by resolution adopted by �� four/fifths
�4/5� affirmative votes of the City Council after a proper notice and hearing. (Ref. Ord. 776)
Section 8.05. PUBLIC WORKS HOW PERFORMED.
1. Public works including all local improvements, may be constructed, extended, repaired or
maintained either by contract or, '
, , directly by day labor. Before receiving bids the City Manager shall, under the
direction of the City Council have suitable plans and specifications prepared for the
proposed material or project and estimate of the cost thereof in detail. The awazd of any
contract amounting to more than �� thousand dollars ($�-50,000) shall require an
affirmative vote of at least four (4) members of the City Council. When the best interest
of the City will be served thereby, the City Council may organize a s���� up blic
works department under competent supervision and provided with suitable equipment.
(Ref. Ord. 776)
25
Ordinance No. _ Page 3
2. The right is reserved to the City Council, upon the recommendation of an engineer, acting
through the ee�s�� public works department, to bid on any work to be let by
contract. All contracts shall be let to the lowest responsible bidder who is qualified in
accordance with Minnesota State Statutes. ,�•�—�-+ �- The term "lowest responsible
bidder" shall be interpreted as giving the City Council the right to accept any bid which it
determines to be most advantageous to the City. The City Council shall reserve the right .
to reject any or all bids in accordance with Minnesota State Statute Chapter 429.
Te+.,;1e,a « se.i;,,.,� R_ �1,e _ �.a..e,-t��a.Y.e..r � .. L.;a� ,,.7 �l..e ,..,�:,.« ..1� �l..s �
. The City shall require contractors to furnish '
proper bonds for the protection of the City, the employees and material person. (Ref.
Ord. 776)
PASSED AND ADOPTED BY TI� COUNCIL OF TI� CITY OF FRIDLEY THIS DAY
OF , 2001.
ATTEST:
Debra A.Skogen - City Clerk
Public Hearing:
First Reading:
Second Reading:
Publication:
26
Scott J. Lund - Mayor
,
Attachment 2
City of Fridley
Public Hearing Notice Before the City Council
Amendment to City Charter
Notice is hereby given that there will be a public hearing of the Fridley City Council at the
Fridley Municipal Center, 6431 University Avenue NE on Monday, June 4, 2001 at 7:30 p.m. for
the purpose of conducting a public hearing on the following amendment to the City Charter:
AN ORDINANCE AMENDING CHAPTERS 6 AND 8 OF THE FRIDLEY CITY CHARTER
PERTAINING TO CONTRACTS AND SPECIAL IlVIPROVEMENTS
The Cit� Council of the City of Fridley does hereby ordain as follows:
That the following sections of the Fridley City Charter be amended as follows:
Section 1: That Section 6.06. CONTRACTS, HOW LET, be amended as follows:
In all cases of contracts for the purchase of inerchandise, materials or equipment or for any kind
of construction work undertaken by the City, which require an expenditure of more than that
which is set by the State Statutes, unless the Council shall by an emergency ordinance otherwise
provide, the City Manager shall advertise for bids by at least ten (10) days published notice in the
official newspaper. When a bid is required, it shall be let to the lowest responsible bidder who is
qualified in accordance with Minnesota State Statutes as determined by the Council. The
Council may, however, reject any and all bids. Nothing contained in this Section shall prevent
the council from contracting for the doing of work with patented processes, or from the
purchasing of patente� appliances.
Section 2: that CHAPTER 8. PUBLIC IlVIPROVEMENTS AND SPECIAL ASSESSMENTS,
be amended as follows:
Section 8.01. THE CITY PLAN.
The present �'''� zoning and comprehensive plans shall be the plans for future physical
development of the City. �sk �Plans may be altered from time to time. To alter s�sk a zonin�
plan, the City Council shall hold a public hearing and notice published fourteen (14) days prior
to hearing with notices sent to affected property owners. It may include provisions for zoning,
for the platting and development of new areas, for the planning and location of public works of
art, public buildings, parks, playgrounds, bridges, transportation lines, and other public facilities,
and for laying out, �g improving e€ streets and public places as well as€e� all other matters
which may seem essential to such a plan.
Section 8.02. ENFORCEMENT OF CITY PLAN.
The Council shall have all necessary power, acting through the City Manager, to enforce
complete adherence by all persons to the plans adopted as provided above, and to adopt and
enforce a comprehensive zoning ordinance. The Council shall have power to pass ordinances to
27
regulate the use of private property, the height of buildings, and the proportion of the azea of any
lot which may be built upon and to establish building lines. Such power shall be exercised to
promote public health, safety, morals, welfare and convenience.
Section 8.03. PUBLIC IlVIPROVEMENTS AND SPECIAL ASSESSMENTS.
The City shall have the power to make any and every type of public improvement not forbidden
by the laws of the State and to levy special assessments to pay for all such improvements as are
of a local character, in accordance with Minnesota State Statute Chapter 429. Local
Improvements, Special Assessments. The amounts assessed to benefited property to pay for
such local improvements may equal the cost of the improvements, including all costs and
expenses connected therewith, with interest, until paid, but shall not exceed the benefits to the
property.
Section 8.04. LOCAL IlVIPROVEMENT REGULATIONS.
�
. The City Council may prepare and adopt
a comprehensive ordinance, prescribing the procedure which shall determine all matters
pertaining to the making of local improvements thereafter, and such ordinance shall supplant all
other provisions of law on the same subject and may be amended only by an affirmative vote of
at least four (4) members of the City Council. Such ordinance shall provide for such notice and
hearing in the ordering of improvements and the making of assessments therefore as shall be
necessary to meet constitutional requirements. Such ordinance shall also require a petition of a
majority in number and interest of the owners of property to be assessed for such improvement,
or improvements, for the initiaYion thereof; provided that the City Council may proceed upon its
own initiative hereunder and under such ordinance by resolution adopted by €r�e-(�} four/fifths
4/5 affirmative votes of the City Council after a proper notice and hearing. (Ref. Ord. 776)
Section 8.05. PUBLIC WORKS HOW PERFORMED.
l. Public works including all local improvements, may be constructed, extended, repaired or -
maintained either by contract or, '
E$�;9AA} directly by day labor. Before receiving bids the City Manager shall, under the °
direction of the City Council have suitable plans and specifications prepared for the '
proposed material or project and estimate of the cost thereof in detail. The award of any �
contract amounting to more than �� thousand dollars ($�50,000) shall require an °
affirmative vote of at least four (4) members of the City Council. When the best interest
of the City will be served thereby, the City Council may organize a s�a�e� up blic _
works department under competent supervision and provided with suitable equipment.
(Ref. Ord. 776) �
2. The right is reserved to the City Council, upon the recommendation of an engineer, acting
through the �st� public works department, to bid on any work to be let by
contract. All contracts shall be let to the lowest responsible bidder who is qualified in
accordance with Minnesota State Statutes. ,'��•--�� The term "lowest responsible
:
bidder" shall be interpreted as giving the City Council the right to accept any bid wluch it
determines to be most advantageous to the City. The City Council shall reserve the right
to reject any or all bids in accordance with Minnesota State Statute Chapter 429.
. The City shall require contractors to fiunish
proper bonds for the protection of the City, the employees and material person. (Ref.
Ord. 776)
Any persons desiring to be heard shall be given an opportunity at the above stated time
and place. Any questions related to this item may be referred to Deb Skogen, City Clerk at 763-
572-3523.
Hearing impaired persons planning to attend who need an interpreter or other persons
with disabilities who require auxiliary aids should contact Roberta Collins at 763-572-3500 no
later than Tuesday, May 29, 2001. The TDD number is 763-572-3534.
/s/ Debra A. Skogen, City Clerk
(Published: May 24, 2001 in the Fridley Focus)
29
�
�
QTY OF
FRIDLEY
TO:
From:
Re:
Date:
AGENDA ITEM
CITY COUNCIL MEETING OF JUNE 4, 2001
Wlliam W. Burns, City Manager ,��
Richard D. Pribyl, Finance Director �'P
Debra A. Skogen, City Clerk
Public Hearing for Chaps Productions, Inc., dba Main Event
7864 University Avenue NE
Applicant: Chaps Productions, Inc.
Robert Lloyd Chaput, President
788 Lakeview Drive
Shoreview, MN 55126
May 24, 2001
Chaps Productions, Inc., owned by Robert L. Chaput and sons, has applied for an intozicating
liquor license for the Main Event Restaurant, which is currently in Bankruptcy. Chaps
Productions, Inc., has received authorization from the Court to purchase the Restaurant and
they have applied with the State of Minnesota to retain the name.
City Code requires that a public hearing be held to consider the approval of an Intozicating
Liquor License and that the license can not be approved during the same meeting. The Notice
of Public Hearing was published in the Fridley Focus on May 24, 2001. The Police Department
has conducted a background investigation and has found no reason to deny the application at
this time. The final approval of the license will be scheduled for June 18, 2001, to allow enough
time for the applicant to apply to the State of Minnesota for the state license.
Staff recommends holding a public hearing for an intoxicating liquor license.
30
CITY OF FRIDLEY
PUBLIC HEARIl�TG BEFORE TI�
CITY COUNCIL
(Legal Notice)
Notice is hereby given that the Council of the City of Fridley will hold a public hearing at the City
Municipal Center, 6431 University Avenue Northeast on Monday, June 4, 2001, at 7:30 p.m. on the
question of issuing an on-sale Intoxicating Liquor License to Robert L. Chaput for the Main Event
Restaurant located at 7864 University Avenue NE, Fridley, MN.
Hearing impaired persons planning to attend who need an interpreter or other persons with disabilities
who require auxiliary aids should contact Roberta Collins at 572-3500 no later than May 29, 2001.
Anyone having an interest in this matter should make their interest known at this public hearing.
/s/ Debra A. Skogen, City Clerk
Published: May 24, 2001 in the Fridley Focus
31
QTY OF
FRIDLEY
AGENDA ITEM
CITY COUNCIL MEETING OF JUNE 4, 2001
TO: WILLIAM W. BURNS, CITY MANAGER �"��
FROM: RICHARD D. PRIBYL, FINANCE DIRECTOR �
SUBJECT: PUBLIC HEARING FOR 5100 INDUSTRIAL BOULEVARD, DEFERRED
IMPROVEMENT PROJECT NO. 1989-1 & 2
DATE: May 25, 2001
Attached is the Public Hearing Notice for the assessment for 5100 Industrial Boulevard, Deferred
Improvement Project No. 1989-1 & 2.
The Public Hearing Notice was published in the Focus newspaper on May 17, 2001 as required by
State Statute.
RDP/sf
Attachment
32
r I
�
PUBLIC HEARING
BEFORE THE
CITY COUNCIL
Notice is hereby given that the City of Fridley City Council will meet at 7:30 p.m. on June 4,
2001 to consider, and possibly adopt, the proposed assessment for 5100 Industrial
Boulevard, Deferred Improvement Project No. 1989-1 & 2. Adoption by the council of the
proposed assessment may occur at the hearing. The area proposed to be assessed
includes the property at
5100 Industrial Boulevard, Lot 1, Block 5, Great Northern Industrial Center
The proposed assessment roll is on file for public inspection at the Finance Office. The total
amount of the proposed assessment is $37,020.73. Written or oral objections will be
considered at the meeting. No appeal may be taken as to the amount of an assessment
unless a signed, written objection is filed with the clerk prior to the hearing or presented to
the presiding officer at the hearing. The council may upon such notice consider an
objection to the amount of a proposed individual assessment at an adjoumed meeting upon
such further notice to the affected property owner as it deems advisable.
An owner may appeal an assessment to district court pursuant to Minnesota Statutes
Section 429.081 by serving notice of the appeal upon the Mayor or Clerk of the City within
30 days after the adoption of the assessment and filing such notice with the District Court
within ten days after service upon the Mayor or Clerk.
Publish: May 17, 2001
Scott J. Lund
Mayor
��
�
�
CffY OF
FRIDLEY
TO:
FROM:
AGENDA ITEM
CITY COUNCIL MEETING OF JUNE 4, 2001
WILLIAM W. BURNS, CITY MANAGER���
RICHARD D. PRIBYL, FINANCE DIRECTOR �
SUBJECT: RESOLUTION ADOPTING THE ASSESSMENT FOR 5100 INDUSTRIAL
BOULEVARD, DEFERRED IMPROVEMENT PROJECT NO. ST. 1989-1 & 2
DATE: May 25, 2001
Attached you will find the final assessment roll for 5100 Industrial Boulevard, Deferred Improvement
Project No. St. 1989-1 & 2 along with the Resolution to adopt the assessment. The total cost of the
assessment is $37,020.73.
This assessment is for a street project that was done in 1989 and assessed in September of 1990. The
assessment for this property was deferred at that time "until a building permit is issued for
development". On October 12, 1993 a building permit was issued and a new building was erected.
The assessment will be for 10 years at a rate of 6.5%.
RDP/sf
Attachment
34
e
.
L
RESOLUTION NO. -2001
RESOLUTION ADOPTING ASSESSMENT FOR 5100 INDUSTRIAL BOULVEARD,
DEFERRED IMPROVEMENT PROJECT NO. 1989-1 & 2
WHEREAS, pursuant to proper notice duly given as required by law, the council has met and heard
and passed upon all objections to the proposed assessment for 5100 Industrial Boulevazd Deferred
Improvement Project No. 1989-1 & 2.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF FRIDLEY, MINNESOTA:
Such proposed assessment, a copy of which is attached hereto and made a part hereof, is hereby
accepted and shall constitute the special assessment against the lands named therein and each tract of
land thereir� included is hereby found to be benefited by the proposed improvement in the amount of
the assessment levied against it. �
Such assessment shall be payable in equal annual installments extending over a period of ten years,
the first of the installments to be payable on or before the first Monday in January, 2002, and shall
bear interest at the rate of 6%z percent per annum from the date of the adoption of this assessment
resolution. To the first installment shall be added interest on the entire assessment from the date of
this resolution until December 31, 2002. To each subsequent installment when due shall be added
interest for one year on all unpaid installments.
The owner of any property so assessed may, at any time prior to certification of the assessment to the
county auditor, pay the whole of the assessment on such property, with interest accrued to the date of
payment, to the city treasurer, except that no interest shall be charged if the entire assessment is paid
within 30 days from the adoption of this resolution; and he may, at any time thereafter, pay to the city
treasurer the entire amount of the assessment remaining unpaid, with interest accrued to December 31
of the year in which such payment is made. Such payment must be made before November 15 or
interest will be charged through December 31 of the next succeeding year.
The Finance Director shall forthwith transmit a certified duplicate of this assessment to the county
auditor to be extended on the property tax lists of the county. Such assessments shall be collected
and paid over in the same manner as other municipal taxes.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS
DAY OF JtJNE, 2001.
ATTEST:
DEBRA A. SKOGEN - CITY CLERK
SCOTT J. LUND - MAYOR
35
Assessment Roll for 5100 Industrial Boulevard Deferred
Improvement Project No. ST 1989-1 & 2
Name PIN No. Actual
Assessmen
t
Rosenblum Family Limited 27-30-24-12-0050 $37,020.73.
Partnership
C/O Eco Finishing Company
5100 Industrial Boulevard
Fridle , MN 55432
36
1
�
CITY OF
FRIDLEY
TO:
FROM:
DATE:
SUBJECT:
QGENDA ITEM
CITY COUNCIL MEETING OF JUNE 4, 2001
William W. Burns, City Manager :� (
�
Jon �- .I Haukaas, Public Works Director
May 30, 2001
Stop Sign Petition for 48`� Ave and 21h Street
PWOl-049
We have received a petition from the area residents requesting a 4 way stop at the intersection
of 48"' Ave and 21h Street. 20 of the 30 properties on 21/z Street between 49�' Ave and 47`h Ave
have signed in support of the installation. There is c�arrently only Yield signs installed for
north-south traffic on 21h Street.
The Neighborhood Resource Officer for the area reports that there has only been one accident
at this location, but that occurred within the last 6 months to a year. However in talking with
the residents of the area, there are near misses and unreported accidents on a regular basis.
Stop signs are not an effective speed control device. On straight, through streets they can have
the opposite effect in that drivers tend to quickly accelerate from these intersections to "make
up lost time". This intersection does not meet any warrants for the installation of stop signs.
If the Council desires to approve the neighborhood request, signs can be installed in two days
from that directive. The delay is required to comply with the Gopher State One Call legislation
and obtain utility locates. Two 4"-6" diameter trees at the westbound approach to 21/z Street at
48`h Ave will have to be removed for the signs to be visible.
One of the residents at this corner thought a 2-way stop was what was being petitioned for and
felt that this would be sufficient. This intersection can be made a 2-way stop immediately by
replacing the north-south Yield signs with Stop signs on the existing posts. No additional tree
trimming would be necessary.
JHH:cz
37
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RECEIVED MAY �, 4 200 j
This is a Petition from the
Neighborhood of 48th Ave. and 2-1/2 St.
to have a Sto Signs placed at the
- corner of 48t Ave. and 21/2 St. NE,
Fridley, MN 55421 to create a fou�r ��;_ ;�
way stop. � �
Due to t6e increase of traffic and children in this ares we are
requesting the replacement of the yield signs that are on the corner of 2
%z St NE and 48tb Ave. to Stop Signs on all four corners. In recent weeks
residents have witnessed accidents and close calls with children and
yehicles. The children have been traveling up 48�' Ave. on their way to '
the Playground on Main S� and have not been seen by the traffic
traveling on 2'/2 St. or 48`� Ave. Because of the use of only Yield signs
the traffic has not acl�owledged the cross-traffic of children or velucles
using 48t� Ave.
Name
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: AGENDA ITEM
CITY COUNCIL MEETING OF
F° o°� JUNE 4, 2001
I NFORMAL STA T US REPORTS
41