04/24/2006 - 00027479CITY OF COUNCIL MEETING
CITY OF FRIDLEY
APRIL 24, 2006
The City Council meeting for the City of Fridley was called to order by Mayor Lund at 8:14 p.m.
ROLL CALL:
MEMBERS PRESENT: Mayor Lund
Councilmember-at-Large Barnette
Councilmember Billings
MEMBERS ABSENT: Councilmember Bolkcom
Councilmember Wolfe
OTHERS PRESENT: William Burns, City Manager
Fritz Knaak, City Attorney
Scott Hickok, Community Development Director
Julie Jones, Planning Coordinator
APPROVAL OF PROPOSED CONSENT AGENDA:
APPROVAL OF MINUTES:
Board of Appeal and Equalization Meeting of April 10, 2006
City Council Meeting of April 10, 2006
APPROVED.
NEW BUSINESS:
1. First Reading of an Ordinance Amending Chapter 4, Absentee Ballot Precinct
Elections of the Fridley City Code.
William Burns, City Manager, stated this legislation seeks to bring the language in the Fridley
City Code on absentee ballots into conformity with legislation passed last year by the State
legislature. Rather than relying on precinct officials to count absentee ballots, the new language
assigns this to a committee that is comprised of representatives from the various jurisdictions in
the County. These judges/city staff inembers will function as an absentee ballot board. Their
role will be to examine absentee ballots for procedural correctness and forward them to the
correct precincts for counting. Staff recommends Council's approval.
APPROVED.
FRIDLEY CITY COUNCIL MEETING OF APRIL 24, 2006 PAGE 2
2. Appointment — City Employees.
William Burns, City Manager, stated staff recommends the appointment of Sandy Stanger to
the position of Building Permit Technician. Sandy is currently serving at the front counter as an
Accounting and Data Processing Clerk Staff also recommends the appointment of Jeannie
Benson to the position of Administrative Assistant in the Engineering Division of Public Works.
This is a new position created by the consolidation of two positions recently vacated by retirees
Char Zimmerman, Secretary to the Public Works Director, and Bob Nordahl, Operations
Analyst.
APPROVED APPOINTMENTS.
3. Claims (126241 - 126420).
APPROVED.
4. Licenses.
William Burns, City Manager, stated the licenses include 90-day e�tensions of current licenses
for Sam's Auto Parts, Central Auto Parts, A-Abco Auto Parts, Auto Body Shop, and Fridley
Amstar Autocare. The first three are junkyard licenses, and in each case, the business owner has
not complied with terms of their special permit or has not obtained a special use permit for their
operation. The fourth license is a motor vehicle body repair license for an owner, Auto Body
Shop, who does not have a required SUP for outside storage. The last company, Fridley Amstar
Autocare, requires food, tobacco, and gasoline sales licenses. Their licenses are being held up
because of their installation of a wall sign without a permit. Staff recommends Council's
approval of the licenses with the understanding the above licenses are 90-day e�tensions of
existing licenses and not 1-year licenses beginning on May 1, 2006.
APPROVED.
ADOPTION OF PROPOSED CONSENT AGENDA:
MOTION by Councilmember Barnette to approve the consent agenda as presented. Seconded
by Councilmember Billings.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
ADOPTION OF THE AGENDA:
MOTION by Councilmember Billings to approve the agenda. Seconded by Councilmember
Barnette.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
FRIDLEY CITY COUNCIL MEETING OF APRIL 24, 2006 PAGE 3
OPEN FORM (VISITORS):
No items were presented.
PUBLIC HEARING:
5. Consideration of the On-Sale Intoxicating Liquor License and Subordinate Licenses
for R.D. Properties, Inc., dba Sharx Sports Bar and Nightclub, Located at 3720 East
River Road N.E. (Continued April 10, 2006) (Ward 3)
Councilmember Billings stated at the original hearing, the owner from Sha� indicated they
would be closing and would not be applying for renewal of their liquor license. He asked if they
had closed their business.
William Burns, City Manager, replied that is correct.
MOTION by Councilmember Billings to continue the public hearing on the consideration of the
on-sale intoxicating liquor license for Sharx Sports Bar and Nightclub. Seconded by
Councilmember Barnette.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
MOTION by Councilmember Billings to close the public hearing. Seconded by Councilmember
Barnette.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY AND THE PUBLIC HEARING WAS CLOSED
AT 8:18 P.M.
NEW BUSINESS:
6. First Reading of an Ordinance Repealing Chapter 105 of the Fridley City Code
Pertaining to Landscape Maintenance.
Julie Jones, Planning Coordinator, stated this is a first reading of an ordinance related to Te�t
Amendment, TA #OS-08. This is one they started last year and evolves from repealing the
existing Chapter 105 which is entitled, "Weeds" and creating a new Chapter 105 that they are
proposing be entitled, "Landscape Maintenance." One of the reasons to change the Code at this
time is that over the years, Planning staff has had to deal with property owners who want to do
native landscaping and they have always had an internal policy they have followed as to how to
manage that even though it is not specifically addressed in the weed ordinance that exists. As
with any policy they abide by and follow internally, the City Attorney has always recommended
that they put that policy in the City Code when possible. We need to demonstrate that the City
has looked at all of the codes pertaining to storm water runoff and protecting the water resources
in the community. This is something the City committed to do in the Springbrook Watershed
FRIDLEY CITY COUNCIL MEETING OF APRIL 24, 2006 PAGE 4
project. As far as the process they have gone through to come up with this language, there has
been an information and education subcommittee involved with the Springbrook Watershed
Project for a number of years. The members met a number of times over a number of years to
assess this and other educational aspects of that project. The committee is made up of people
from the four different cities involved in the project and from private businesses. Two
representatives are Fridley staff. The Fridley planning and engineering staff drafted code
language and brought it before the Environmental Quality and Energy Commission for review
and then onto the Planning Commission and City Council.
Ms. Jones stated the primary change repeals the entire existing Chapter 105 and then creates
definitions. They are maintaining, not proposing to change, the lawn or grass height limitation in
the City Code to 10 inches. They have added a definition of natural landscaping and how those
areas can be constructed and maintained and allowed for an exemption for certain areas that
would not require edging on natural areas like road ditches. One of the new proposals leaves and
grass clippings would not be allowed to be placed any closer than 25 feet within a waterway or
bluff line. They have changed the language a bit from when Council last saw this at a public
hearing in December so that it aligns with language that is existing in Chapter 113, Solid Waste
and Recycling. They have also added some language requiring that granular fertilizer and other
lawn chemicals be required to be swept from paved surfaces. This is a requirement that is
actually in State Statutes but similar to a requirement they recently dealt with in a te�t
amendment to the public nuisance code. If they get complaints on this, they would like to be
able to deal with it on a local level.
Ms. Jones stated they are also proposing that any new gutters installed on residential property be
directed onto landscaped areas. They have changed this from the language of the previous draft.
It was not clear in the original public hearing that they intended this to be addressed towards
residential properties only because commercial industrial properties will be addressed as far as
new construction in the new Chapter 208, Soil Erosion and Storm Water Maintenance. They
also wanted to make it clear they would allow rain barrels stored in rear yards.
Ms. Jones stated the most controversial proposed change is language that would require
landscape buffers on shoreline property throughout the City. This would also include not
mowing or fertilizing any closer than 20 feet to a waterway edge. They did add some language
since the public hearing to make it clear that in public parkland they would allow for vistas,
private property would be allowed to have a walkway to a dock or an access or some width and
this needed to be 10-feet wide, allowing property owners access to the shoreline on their
property. They have expanded that to be 25-feet wide on parkland properties. Staff is
recommending that that they keep this addition to the te�t amendment, but phase it in over time
or have it take effect at a later time, such as five years from now, or on June 1, 2011. This would
give staff time to educate the public. It would also give residents an opportunity to seek out
grant opportunities or cost share opportunities that might be available. Staff felt it was important
to keep the clause because the City has spent about $1 million over the past ten years, $271,000
of which was spent on the Springbrook stream bank restoration project alone.
Ms. Jones stated the Environmental Quality and Energy Commission reviewed the proposed
language in June, 2004. There was no formal motion by the Commission on the language but
FRIDLEY CITY COUNCIL MEETING OF APRIL 24, 2006 PAGE 5
there was general agreement on the core language proposed. The Planning Commission held a
public hearing on November 2, 2005, on this item and unanimously recommended that the te�t
amendment language be forwarded onto the City Council for approval. The City Council held a
public hearing on this te�t amendment on December 12. The City Council indicated that they
wanted additional time to discuss portions of the amendment further. Unfortunately, the
Springbrook Watershed Project is set to conclude here at the end of May. They need to prepare
the final report and this is something they need to include. Staff concurs with the Planning
Commission and recommends conducting a first reading of this te�t amendment ordinance. The
second reading would be scheduled for the May 8 City Council meeting.
Councilmember Billings stated he thinks staff has done a reasonable job of bringing this into a
little bit better shape than it was in before. Unfortunately, he did not think it was in any shape
that is get a majority vote of the City Council, based on the past discussions. Councilmembers
Wolfe and Bolkcom are not here tonight, but he would venture to say that at least one of them, if
not both, would be opposed to the ordinance in its current form. He knows that he is. He asked
if it would be best to table this indefinitely or to move it for approval.
Attorney Knaak replied the appropriate action would be an affirmative vote of the ordinance
and absent that it would fail.
Councilmember Barnette asked about the item that says no person shall mow vegetation or
apply fertilizer within 20 feet. To him that is almost an unenforceable situation. A number of
years ago they did a nice restoration of the banks along Rice Creek From what he can see,
almost all of the homes mow down to that rocky area. It is part of their landscaping; part of the
beauty of their yard. It is going to be hard to tell these people come back 10 feet or 20 feet, do
not fertilize and let the vegetation grow. It takes away from the aesthetics of the creek itsel£ He
feels Councilmember Bolkcom would feel the same way about Locke Park. He knows they
always run into problems with code enforcement when you cannot see something from the right-
of-way. He would guess that most of these homes that are on the waterway, you cannot see the
backyard. So how do you get in there and say you are in violation of this ordinance unless a
neighbor complains.
Ms. Jones stated there are a lot of areas in the City where they could see that situation from a
public right-of-way. The river would be a difficult one, but they could go to the other side.
Councilmember Barnette stated he thinks if they have an ordinance that cannot be overly
enforced, it should not be there. It makes it too tough on code enforcement.
Mayor Lund stated in the form that it is in, he also suspected it would be turned down. It does
not help their situation with the requirements of the Springbrook Watershed Project. He thinks
that some of this is acceptable. He also has a problem with Item E. He understands the benefits
of having this buffer, but it is contradictory to him because it has to be free of noxious weeds, but
if you cannot mow the yard within 20 feet of any waterway, it is going to turn to weeds. People
take pride in their yards. He does not see the benefits.
FRIDLEY CITY COUNCIL MEETING OF APRIL 24, 2006 PAGE 6
Mayor Lund asked if the gutters section was for newly-installed gutters. He asked if they
require a permit for people to install gutters on their home. If not, he asked how they would
enforce it. He also asked if people would only be allowed to use the 20-foot wide path at Moore
Lake. The beach is a lot longer than 20 feet. He said he thought something should be done with
this ordinance other than just saying no. He asked staff about the timing.
Ms. Jones replied they have the final report for the project drafted. They do have two other
pieces of the project that need to be finished in addition to this. They need to have the final
report printed before the project end date because they need to use the grant money to pay for the
printing of the report. So they need to wrap up within the ne�t few weeks and desire to have the
second reading of this ordinance at the May 8 Council meeting. They committed to review the
City's codes to see where they could be improved. There are pieces of this te�t amendment that
that could still be helpful. All of the requirements do not have to be approved to meet the
requirements of the grant.
Scott Hickok, Community Development Director, stated he understands that "buffer" is not a
popular thing. To answer the Mayor's questions about weeds, you would plant the area with
preferable root systems that would eventually then outlive and outgrow the other undesirables.
You would selectively take out the weeds that you do not want along the shore, and ultimately
you would end up with a nice buffer. If they do not like the buffer or fertilizer sections, they
throw those out, but do not throw out the entire ordinance. Give staff the opportunity to address
some of these things like sweeping waste into the street and down the catch basins and defining
areas of the weed section of the Code that make it enforceable for them.
Mayor Lund stated he is looking at voting in the affirmative with the understanding that staff is
going to come back at the second reading with some changes yet again or he is going to turn it
down. Staff does have some elements worthwhile in there. He asked about the reference to the
exception for putting leaves out.
Ms. Jones replied in Section 105.05(1)(b) is the sentence that they are talking about. They
added in "except as permitted in Chapter 113."
Councilmember Barnette stated he assumed this is a requirement that has to be met by all cities
in the State.
Ms. Jones replied, no, this all relates to the Springbrook Watershed Project with Fridley serving
as the lead city of the four coming up with the text language and then they are sharing that with
the other three cities.
Richard Harris, 6200 Riverview Terrace N.E., stated the river is a major waterway and if they
are going to tweak the ordinance, he suggested that they take out the storage of leaves and grass
clippings on the bluff line. He can understand it down ne�t to the river, but on the bluff lines,
some of them are about 300 feet and that is ridiculous. The trees down there are going to drop a
lot more leaves than anyone is ever going to be able to pile up there.
FRIDLEY CITY COUNCIL MEETING OF APRIL 24, 2006 PAGE 7
Ms. Jones replied this clause is very important to code enforcement. This addition and
recommendation stems from code enforcement problems that staff has had for a number of years
on the Mississippi River. There are a lot of people on the river who intentionally rake their yard
waste over the bluff line, and that is why this language is in here the way it is. It had originally
stated 25 feet back from the waterway but they realized they had some issues with bluff lines on
the river and some areas on Rice Creek and added the language. This specifically refers to
persons depositing these, not about the leaves that naturally fall off the trees. There is no
language in the City Code to address that and make it a violation.
Mr. Harris asked why it was a problem.
Ms. Jones said studies have been done at the University of Minnesota and the University of
Wisconsin about the sources of phosphorus in waterways and most studies determine that leaves
are the number one source of phosphorus going into our waterways. When we did the
Springbrook Watershed Project and the analysis of the water quality coming into Springbrook
Nature Center in 1998 and 1999, it was determined that phosphorus was the number one
chemical concern. That is why they have focused on that in that project.
Councilmember Barnette said he did not know how they are ever going to get people to
comply with that section of the ordinance.
William Burns, City Manager, stated they briefly discussed this in a conference session last
week, and he also discussed this on the telephone with Councilmember Bolkcom. He believed
the understanding was that because of the general lack of support for particularly the buffer
section of this ordinance, they would bring this up tonight and vote it down with the
understanding that, in doing so, they were accommodating Ms. Jones in her effort to conclude
the water quality grant. It was his understanding that they did not have much time to conclude
that grant so it was preferable to at least vote it down with the understanding they would come
back with fresh legislation at a later point in time. They could bring it back in a conference
session and discuss it informally.
Councilmember Barnette stated he thinks it is an ideal subject for a conference meeting.
Mayor Lund asked if they vote this down tonight would it satisfy staff's need for the
Springbrook grant project process. He thinks there are worthy elements, but he does not want to
rush into this just to meet some deadline.
Ms. Jones said preferably she needs some finished language to forward onto other cities to
share. She asked if they wanted to discuss this at a conference meeting before the second
reading or if they wanted to start all over.
Mayor Lund said they would like to start all over.
Mr. Hickok stated there has been a lot of staff and commission involvement with this. He said
there are things in it Council does not like but there are things that make sense and he is not
hearing a lot of argument about. He would urge Council them not to throw those out. He would
FRIDLEY CITY COUNCIL MEETING OF APRIL 24, 2006 PAGE 8
urge them at least between the first and second reading, to think about what makes sense in the
ordinance before they make a decision.
Councilmember Billings stated what he thinks is going to happen if it comes back on second
reading is they are going to be at a City Council meeting, having other things on the agenda,
dragging out a meeting, while they write an ordinance. He does not think that is fair to the
audience or to anyone else. He is not going to sit and write an ordinance at their ne�t meeting if
he does not like what staff brings back So, he is going to vote in opposition to it. As a matter of
fact it was his understanding that they told staff they did not want to see this again. They were
told at the Council work session that in order for Ms. Jones to finish her report, she needed to
have some sort of closure on this element. So they agreed to allow staff to bring it back so they
could get closure to do their report.
MOTION by Councilmember Billings to waive the reading of the ordinance and adopt the
ordinance on first reading. Seconded by Councilmember Barnette.
UPON A VOICE VOTE, MAYOR LUND VOTING AYE AND COUNCILMEMBER
BARNETTE AND COUNCILMEMBER BILLINGS VOTING NAY, MAYOR LUND
DECLARED THE MOTION DENIED.
7. Special Use Permit Request, SP #06-03, by Greg Asproth, Two Stooges Bar and
Grill, to Allow an Electronic Changeable Message Sign to be Located on the
Building at 7178 University Avenue N.E. (Ward 3).
Greg Asproth, current owner of 2 Stooges Bar and Grill, approached and stated he did read and
agreed with the stipulations.
MOTION by Councilmember Billings to approve Special Use Permit Request, SP #06-03, by
Greg Asproth, Two Stooges Bar and Grill, with the following four stipulations:
1. Petitioner shall obtain sign permit and current sign erector license prior to installing any
signage on site.
2. Message on L.E.D. sign shall not change more often than authorized under Section 214.07 of
the Fridley City Code.
3. Message on L.E.D. sign shall never flash or have motion that may distract vehicular traffic in
the area.
4. Signage on east elevation to comply with code requirements for wall signage allotment.
Seconded by Councilmember Barnette.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
FRIDLEY CITY COUNCIL MEETING OF APRIL 24, 2006 PAGE 9
8. Resolution Authorizing Application for the Tax Base Revitalization Account.
Councilmember Billings stated this is an item that came before them in the past and they
approved the resolution in the past. He would point out a typographical error in the first line,
"WHEREAS the City of Fridley in a participant" should be "is a participant."
Jay Lundgren, counsel for JLT Group, approached and introduced himself.
Councilmember Billings asked him whether he has made an application to the Metropolitan
Council once before.
Attorney Lundgren stated the City did in the fall of 2005. They are asking them to do that
again for the May 1 deadline.
Councilmember Billings asked why they thought they would get it this time.
Attorney Lundgren replied there are a number of things they think they can prove in the
application. Some of the work has been started and because of that, they think it is reasonable to
put an application in for a significantly lower amount--about half of what was applied for before.
They also met with the Met Council staff and looked at the site plan and the concept plan that
they have at this point.
MOTION by Councilmember Billings to adopt Resolution No. 2006-25 with the correction of
the typographical error. Seconded by Councilmember Barnette.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
9. Informal Status Reports
None given.
ADJOURN:
MOTION by Councilmember Barnette, seconded by Councilmember Billings, to adjourn.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MEETING ADJOURNED AT 9:10 P.M.
Respectfully submitted by,
Denise M. Johnson Scott J. Lund
Recording Secretary Mayor