06-26-2023
City Council Meeting
June 26, 2023
7:00 PM
Fridley City Hall, 7071 University Avenue NE
Minutes
Call to Order
Mayor Lund called the City Council Meeting of June 26, 2023, to order at 7:00 p.m.
Present
Mayor Scott Lund
Councilmember Dave Ostwald
Councilmember Tom Tillberry
Councilmember Ryan Evanson
Councilmember Ann Bolkcom
Absent
Others Present
Walter Wysopal, City Manager
Scott Hickok, Community Development Director
Sarah Sonsalla, City Attorney
Brian Weierke, Public Safety Director
Jim Kosluchar, Public Works Director
Beth Kondrick, Deputy City Clerk
Pledge Of Allegiance
Proclamations/Presentations
1. Proclamation: Brian Weierke Appreciation Day – June 30, 2023
Mayor Lund presented the proclamation declaring June 30, 2023 as Brian Weierke Appreciation Day.
Brian Weierke, Public Safety Director, commented that he has enjoyed serving the community for the
past 28 years and spent his entire career in Fridley. He commented that he feels good with the way
he will be leaving the department and appreciates all the members of the Police and Fire. He
congratulated Ryan George who will do a great job leading the department forward. He also
commended the great job that Wally Wysopal has done as City Manager. He also thanked the City
Council for its support.
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Approval of Proposed Consent Agenda
Motion made by Councilmember Evanson to adopt the proposed Consent Agenda. Seconded by
Councilmember Ostwald.
Upon a voice vote, all voting aye, Mayor Lund declared the motion carried unanimously.
Approval/Receipt of Minutes
2. Approve the Minutes from the City Council Meeting of June 12, 2023.
3. Receive the Minutes from the City Council Conference Meeting of June 12, 2023.
Old Business
4. Ordinance No. 1409, Amending the Fridley City Code to Add Chapter 35, Mobile Food Units,
Amend Chapter 209, Fees and Repeal Chapter 216, Street Vending (Second Reading).
New Business
5. Resolution No. 2023-66, Designating the Public Safety Director.
6. Resolution No. 2023-67, Approving an Extension on the Final Plat Approval and Recording for PS
#22-03, Roers Companies.
7. Resolution No. 2023-71, Declaring Costs to be Assessed, Ordering Preparation of the Proposed
Assessment Roll and Directing Publication of the Public Hearing Notice for the Street
Rehabilitation Project No. ST-2022-01.
8. Resolution No. 2023-72, Approving Gifts, Donations and Sponsorships Received Between May 13,
2023 and June 16, 2023.
Claims
9. Resolution No. 2023-73 Approving Claims for the Period Ending June 21, 2023.
Adoption of Regular Agenda
Motion made by Councilmember Evanson to adopt the regular agenda. Seconded by Councilmember
Ostwald.
Upon a voice vote, all voting aye, Mayor Lund declared the motion carried unanimously.
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Open Forum, Visitors: (Consideration of Items not on Agenda – 15 minutes.)
No one from the audience spoke.
Regular Agenda
New Business
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10. Resolution No. 2023-68, Awarding the 53 Avenue Trail & Walk Improvements Project No.
ST2023-21.
Jim Kosluchar, Public Works Director, provided background on the proposed project which is a joint
project between Fridley and Columbia Heights. He reviewed the existing conditions as well as the
proposed improvements. He also reviewed the partners in this project. He reviewed the project
bidding details and noted the low bid submitted by Park Construction Company in the amount of
$1,776,297.26 which was 13.4 percent below the final engineer’s estimate and also within the
budgeted funds for the project. He reviewed the tentative schedule and next steps.
rd
Motion made by Councilmember Tillberry to adopt Resolution No. 2023-68, Awarding 53 Avenue
Trail and Walk Improvements Project No. ST2023-21. Seconded by Councilmember Bolkcom.
Upon a voice vote, all voting aye, Mayor Lund declared the motion carried unanimously.
11. Resolution No. 2023-69, Approving Change Order No. 2 (Final) for 2022 Street Rehabilitation
Project No. ST2022-01.
Jim Kosluchar, Public Works Director, presented a request for Change Order No. 2 for the 2022 Street
Rehabilitation Project. He reviewed a summary of the change order details. He noted that
construction began in 2022 and required winterization before completion in 2023. He provided
details on the different elements included in the change order including Hartman Circle, bituminous
base and wear course, subgrade preparation, and concrete curb and gutter spot replacement. He
said staff did learn some things with this project that will be applied to future projects. He noted that
this is the final change order for the project and staff recommends approval.
Mr. Kosluchar said staff did learn some things with this project that will be applied to future projects.
Motion made by Councilmember Evanson to adopt Resolution No. 2023-69, Approving Change
Order No. 2 (Final) for 2022 Street Rehabilitation Project No. ST2022-01. Seconded by
Councilmember Bolkcom.
Upon a voice vote, all voting aye, Mayor Lund declared the motion carried unanimously.
12. Resolution No. 2023-70, Authorizing a Safe Streets and Roads for All Grant Application to Create
a Safe Action Plan.
Jim Kosluchar, Public Works Director, provided background information on the Safe Streets and Roads
for All Program (SS4A). He reviewed the project components for the grant application. He noted that
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the new Safety Action Plan would be implemented and integrated with existing transportation
planning documents. He reviewed the grant details.
Motion made by Councilmember Tillberry to adopt Resolution No. 2023-70, Authorizing a Safe Streets
and Roads for All Grant Application to Create a Safe Action Plan. Seconded by
Councilmember Ostwald.
Upon a voice vote, all voting aye, Mayor Lund declared the motion carried unanimously.
rd
13. Resolution No. 2023-74 Awarding 53 Avenue Roundabout Safety Project No. ST2023-22.
Jim Kosluchar, Public Works Director, provided background on the proposed project and existing
conditions. He reviewed the proposed project scope and improvements, the project layout and the
project partners. He provided details on the project bidding noting the low bid from Forest Lake
Contracting in the amount of $1,384,132. He reviewed the tentative project schedule and
recommended adoption of the draft resolution awarding the project. He said there would be access
to businesses during the project, although the road may be rough and dusty at times.
rd
Motion made by Councilmember Tillberry to adopt Resolution No. 2023-74 Awarding 53 Avenue
Roundabout Safety Project No. ST2023-22. Seconded by Councilmember Bolkcom.
Upon a voice vote, all voting aye, Mayor Lund declared the motion carried unanimously.
14. Interim Ordinance No. 1408, Authorizing a Study and Imposing a Moratorium on the Sale of
Cannabinoid Products (Reconsideration and Approval)
Sarah Sonalla, City Attorney, provided background information on the discussions of the Council thus
far on this topic, and the direction that had been provided to staff. She reviewed the three proposed
actions before Council tonight, two of which will take place tonight and the third to come before the
Council in July. She explained that the first action would be to reconsider and adopt Interim
Ordinance No. 1408 which would become effective July 14, 2023. She noted that would allow the
businesses selling 151 products prior to the effective date of the ordinance to continue selling those
products, provided that they have a City license. She stated that the second action would be to adopt
the Ordinance requiring licensing of 151 products. She noted that the third action to consider in July
will involve a public hearing and consideration of a moratorium that will temporarily prohibit the
establishment of businesses selling newly legalized cannabis products until January 1, 2025. She
reviewed the next steps.
Council asked for more information on the threshold for children at a daycare center. Ms. Sonsalla
was unsure how that threshold was set. Wally Wysopal, City Manager, commented that he thought
it would eliminate the smaller in-home daycare operations that come and go and would be hard to
identify.
Motion made by Councilmember Ostwald to suspend Rosenberg’s Rules of Order regarding
reconsideration to allow the reconsideration. Seconded by Councilmember Evanson.
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Upon a voice vote, all voting aye, Mayor Lund declared the motion carried unanimously.
Motion made by Councilmember Ostwald to reconsider the Interim Ordinance No. 1408, Authorizing
a Study and Imposing a Moratorium on the Sale of Cannabinoid Products. Seconded by
Councilmember Bolkcom.
Upon a voice vote, all voting aye, Mayor Lund declared the motion carried unanimously.
Motion made by Councilmember Evanson to approve of the Interim Ordinance No. 1408, Authorizing
a Study and Imposing a Moratorium on the Sale of Cannabinoid Products. Seconded by
Councilmember Tillberry.
Upon a voice vote, all voting aye, Mayor Lund declared the motion carried unanimously.
Motion made by Councilmember Ostwald to approve summary publication of Interim Ordinance No.
1408. Seconded by Councilmember Evanson.
Upon a voice vote, all voting aye, Mayor Lund declared the motion carried unanimously.
Motion made by Councilmember Bolkcom to call for a public hearing to consider Interim Ordinance
No. 1411 on July 10, 2023. Seconded by Councilmember Evanson.
Upon a voice vote, all voting aye, Mayor Lund declared the motion carried unanimously.
15. Ordinance No. 1410, Amending the Fridley City Code to Add Chapter 310, Hemp THC Products
and Amend Chapter 209, Fees
Beth Kondrick, Deputy City Clerk, presented the first reading of Ordinance No. 1410 which would
amend the City Code to add Chapter 310, Hemp and THC Products, and amend Chapter 209, Fees.
She provided details on the Hemp THC products shop license as proposed and the procedure that
licensees would follow. She also reviewed the requirements for a hemp THC product shop. She noted
the ordinance as proposed states a license expiration of March 1, 2025. She stated the second reading
will propose a change to revise that language to state that a license issued under this chapter becomes
effective from the date on which the license is issued through April 30 to better coincide with other
license renewals. She reviewed regulations and proposed fees.
The Council asked and received confirmation that the fees are in line with tobacco and alcohol license
fees. The Council also requested additional clarification on the limitation of six licenses. Ms. Kondrick
clarified that the licenses would not be prorated if obtained part way through the year. She stated
the City currently only allows five tobacco shops and this limit would also include the one hemp THC
business.
Motion made by Councilmember Bolkcom to approve the first reading of Ordinance No. 1410,
Amending the Fridley City Code to Add Chapter 310, Hemp THC Products and Amend Chapter 209,
Fees. Seconded by Councilmember Tillberry.
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Upon a voice vote, all voting aye, Mayor Lund declared the motion carried unanimously.
Informal Status Reports
Councilmember Ostwald noted the summer concert occurring the following evening.
Councilmember Bolkcom thanked all who volunteered and participated in ‘49er Days.
Mayor Lund thanked Short Stop for sponsoring the fireworks for the event.
Adjourn
Motion made by Councilmember Ostwald to adjourn. Seconded by Councilmember Evanson.
Upon a voice vote, all voting aye, Mayor Lund declared the motion carried unanimously and the meeting
adjourned at 7:58 p.m.
Respectfully Submitted,
Melissa Moore Scott J. Lund
City Clerk Mayor