04/10/1995 - 00001193�
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THE MINQTES OF THE REGULAR MEETING OF THE FRIDLEY CITY COUNCIL OF
APRIL 10, 1995
The Regular Meeting of the Fridley City Council was called to order
by Mayor Nee at 9:02 p.m. after the meeting of the Board of Review.
ROLL CALL:
MEMBERS PRESENT:
MEMBERS ABSENT:
Mayor Nee, Councilwoman Jorgenson, Councilman
Billings, Councilman Schneider, and Council-
woman Bolkcom
None
1. BOARD OF REVIEW MEETING:
The Board of Review Meeting was held prior to this regular
meeting of the City Council.
APPROVAL OF MINUTES:
COIINCIL MEETING. MARCH 20, 1995e
MOTION by Councilman Billings to approve the minutes as presented.
Seconded by Councilwoman Bolkcom. Upon a voice vote, all voting
aye, Mayor Nee declared the motion carried unanimously.
Mr. Burns, City Manager, briefly reviewed the items on the consen�
agenda.
APPROVAL OF PROPOSED CONSENT AGENDA:
OLD BUSINESS•
2. ORDINANCE NO. 1047 RECODIFYING THE FRIDLEY CITY CODE, CHAP-
TER 103, ENTITLED "DANGEROUS WEAPONS," BY ADDING SECTION
103.06. "'FEES." AND RENUMBERING THE REMAINING SECTIONS
CONSECUTIVELY, AND AMENDING CHAPTER 11, °1GENERAL PROVYSYON5
AND FEES.'� 103. FOR FIREARMS:
Mr. Burns stated that this ordinance is to establish and
clarify fees for permits to carry dangerous weapons. He said
that the state statute allows a$5.00 permit fee to carry a
weapon, and a$25.00 fee has also been added to discharge a
weapon.
WAIVE THE READING AND ADOPT ORDINANCE NO. 1047 ON THE SECOND
READING AND ORDER PUBLICATION.
3. ORDINANCE NO. 1048 RECODIFYING CHAPTER 801 OF THE FRIDLES' CITY
CODE IN ITS ENTIRETY. ENTITLED "CURFEW." AND ADOPTING A NEW
CHAPTER 801 ENTITLED "CURFEW:"
Mr. Burns stated that this ordinance repeals the existing
curfew law and establishes new ones. IIe sta'ted that ihe
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FRIDLEY CITY COUNCIL MEETING OF APRIL l00 1995
PAGE 2
ordinance includes the legal definitions of terms and
establishes new categories for youth under the age of sixteen
and for those sixteen and seventeen. He stated that the
curfew times are outlined in this ordinance. Mr. Burns stated
that the ordinance is similar to one adopted in Hennepin
County and is likely to be adopted by Anoka County.
WAIVE THE READING AND ADOPT ORDINANCE NO. 1048 ON THE SECOND
READING AND ORDER PUBLICATION.
NEW BUSYNESS•
4. RECEIVE THE MINUTES OF THE PLANNING COMMISSION MEETING OF
MARCH 15. 1995•
RECEIVED.
5. ESTABLISH A PUBLIC HEARING FOR APRIL 24, 1995, FOR A VACATION
REOUEST. SAV #95-01. BY THE CITY OF FRIDLEY, TO VACATE ALL
THAT PART OF THE EGRESS ROAD FROM T.H. 47 (UNIVERSITY AVENUEI.
IN ORDER TO CONSTRUCT A SINGLE FAMILY HOME ON THE PROPERTY,
GENERALLY LOCATED AT 5900 THIRD STREET N.E. (WARD 31:
Mr. Burns stated that this vacation is necessary in order to
� permit construction of two single family homes. YIe stated
that it is requested the public hearing be scheduled for
April 24.
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SET THE PUBLIC HEARING ON VACATION REQUEST, SAV #95-01, FOR
APRIL 24, 1995.
ESTABLISH A PUBLIC HEARING FOR APRIL 24, 1995, FOR LONGHORN
GRILL FOR AN INTOXICATING LIOUOR LICENSE (WARD 31:
Mr. Burns stated that a public hearing should be scheduled for
April 24 to consider the issuance of a liquor license for the
Longhorn Grill.
SET TI-IE PUBLIC HEARING ON THE ISSUANCE OF A LIQUOR LICENSE FOR
THE LONGHORN GRILL FOR APRIL 24,1995.
RECEIVE BIDS AND AWARD CONTRACT FOR 1995 REMOVAL AND REPLACE-
MENT OF MISCELLANEOUS CONCRETE CURB, GUTTER AND SIDEWALK,
PROJECT NO. 279:
Mr. Burns stated that seven bids were received for �his
project, and it is recommended that the low bidder, Standard
Sidewalk, Inc., be awarded the contract in the amount of
$56,930.00.
RECEIVED BIDS AND AWARDED CONTRACT TO THE LOW BIDDER, STANDARD
SIDEWALK, INC., IN THE AMOUNT OF $56,930.00.
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FRIDLEY CITY COUNCIL MEETING OF APRIL 10, 1995
PAGE 3
8. RECEIVE PROPOSALS AND AWARD DESIGN AND CONSTRUCTION INSPECTION
CONTRACT FOR THE 53RD AVENUE WATER BOOSTER STATION RENOVATION.
PROJECT NO. 280 (WARD 1):
Mr. Burns stated that proposals were received from five firms
for this project, and three of these firms were intervieweci,
He stated it is recommended that the contract be awarded to
Maier Stewart and Associates in the amount of $29,090.00e
RECEIVED PROPOSALS AND AWARDED CONTRACT TO MAIER STEWART AND
ASSOCIATES IN THE AMOUNT OF $29,090.00.
9. RESOLUTION NO. 23-1995 APPROVING MINNESOTA DEPARTMENT OF
TRANSPORTATION LIMITED USE PERMIT FOR THE UNIVERSITY AVENUE
BIKE PATH FROM 73RD AVENUE NORTH TO 85TIP AVENUE (WARD 3):
Mr. Burns stated that in order t
along University Avenue from 73rd
ment of Transportation requires
supporting a permit for the bike
ADOPTED RESOLUTION NO. 23-1995.
o proceed with the bike path
to 85th Avenues, the Depart-
a resolution from the City
path in their right-of-way.
10. RESOLUTION NO. 24-1995 APPROVING THE F'IE2ST SUPPLEMENTAL TRUST
� INDENTURE AND AUTHORIZING THE EXECUTION THEREOF FOR THE CITY
OF FRIDLEY, MINNESOTA, 56,190.000 FLOATING RATE DEMAND COMMER-
CIAL DEVELOPMENT REVENUE BONDS (RIVER ROAD INVESTORS PROJECT�
SERIES 1984:
11.
12.
� 13.
Mr. Burns stated that this resoTution would primarily change
the calculation of �he interest rate on these bonds to a
weekly basis instead of a monthly basis. He stated that the
Trust Indenture requires this amendment to be approved by the
Council, the Trustee, the Bondholder, and River Road
Investors. He stated that this matter was reviewed by Jim
0'Meara, the City's Bond Counsel, and $2,000 has been received
to offset any costs to the City.
ADOPTED RESOLUTION NO. 24-19950
APPOINTMENT: CITY EMPLOYEE:
Mr. Burns requested that this i�em be deleted from the agenda.
CLAIMS•
APPROVED - NOS
LICENSES•
60959 THROUGH 61300.
APPROVED AS ON FILE IN THE LICENSE CLERK'S OFFICE.
� FRIDLEY CITY COUNCIL MEETING OF APRIL 10, 1995 PAGE 4
There were no comments from the audience regarding the proposed
consent agenda items.
MOTION by Councilman Billings to approve the consent agenda items.
Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting
aye, Mayor Nee declared the motion carried unanimously.
ADOPTION OF AGENDA:
MOTION by Councilwoman Jorgenson to adopt the agenda as submittedo
Seconded by Councilman Schneidere Ugon a voice vote, all voting
aye, Mayor Nee declared the motion carried unanimouslye
OPEN FORUM. VISITORS:
Mr. Tom Myhra, 6360 Able Street, stated that he is puzzled and a
bit angry because no action has been taken on his complainto He
stated that this complaint involved an inspection of his home for
the purposes of determining the value and the inspector asking to
read the water meter. He felt that the inspection was under false
pretenses, and felt that property owners should be notified if
their water meters are going to be read.
� Mr. Myhra stated that he has talked to City staff, and they felt
that he may be oversensitive, as no one else has complainedo He
stated that he called Mayor Nee and CounciTman Dennis Schneider,
and they agreed with him. He stated �hat he thought there was
going to be an article in the City�s newsletter but this has not
occurred.
Mayor Nee and Councilman Schneider agreed that something had to be
done. Councilman Schneider stated that he was under the impression
that there would be an article in the newsletter.
Mr. Pribyl, Finance Director, stated tha� this is an issue staff
plans to discuss with Council at the next conference meeting.
Mayor Nee stated that he felt Mr. Myhra's argument was valid and
that property owners should be notified if water meters are read.
PUBLIC HEARYNG°
14. PUBLIC HEARING ON THE CREATION OF A SPECIAL TAXING DISTRICT
FOR THE HARRIS POND TREATMENT PROGRAM (WARD 2�:
MOTION by Councilman Schneider to waive the reading of the public
hearing notice and open the public hearing. Seconded by Council-
woman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee
� declared the motion carried unanimously and the public hearing
opened at 9:22 p.m.
� FRIDLEY CITY COUNCIL MEETING OF APRIL 10, 1995 PAGE 5
Mr. Flora, Public Works Director, stated that the City received
petitions from the residen�s around Harris Pond for a treatment
program of the pond. He stated tha� ihey also requested the
treatment be on an ongoing basis.
MOTION by Councilman 5chneider to receive petitions for the Harris
Pond weed treatment/phosphorus reduction from the Fridley
residents, Petition No. 3-1995, and Petition No. 4-1995 from the
New Brighton residents. Seconded by Councilwoman Bolkcom. Upon
a voice vote, all voting aye, Mayor Nee declared the motion carried
unanimously.
Mayor Nee stated that this treatment program would be on a cost
sharing basis with the property owners contributing fifty percent
of the cost and the City contributing the o�her fifty percent.
Mayor Nee asked if there is a way the City could discontinue this
treatment program if they wished to do so a� some future date. He
stated that it seems the petition allows for the property owners
to discontinue the treatment program by a petition of at least 51
percent of the property owners.
Mr. Burns stated that he assumes the City could discontinue �he
� treatment at any time.
Councilman Schneider stated that he understands what is being done
is to create a special taxing district so that the City can charge
those costs for the treatment of Harris Pond and is not guaran-
teeing that the City would share in the cos� forever.
Mr. Herrick, City Attorney, stated that Council is creating the
district to allow the City authority to tax for this treatment
program. He stated that the petition does not include any language
that would bind the City to continue with this �rogram. He stated
that the property owners can request that the program be discon-
tinued by a petition of 51 percent of the property owners. He felt
that this request is not binding on this or future Councils but
would be at their discretion.
Mr. Herrick questioned if the cost to the property owners would be
added to their taxes or if they would be billed separatelyo
Mr. Flora stated that, currently, the property owners are billed
by the City for their share of the costa
Mr. Herrick felt that these details should be expanded in the
ordinance. He asked what would happen if someone did not pay,
� Mr. Pribyl, Finance Director, stated that it woulcl probably be
handled in the same manner as those who do not comply with the weed
ordinance; that is, they would be certified to the County for
payment with the taxes.
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FRIDLEY CITY COUNCIL MEETING OF APRIL l0a 1995
PAGE 6
Mr. Flora stated that the ordinance could specify that the
residents would be notified of the costs prior to the contract
being awarded each year, and the City could give them a number of
days to respond regarding the costs.
No persons in the audience spoke regarding the creation of this
special taxing district for the Harris Pond treatment program.
MOTION by Councilman Schneider to close the public hearing.
Seconded by Councilwoman Bolkcom. Upon a voice vote, all voting
aye, Mayor Nee declared the motion carried unanimously and �he
public hearing closed at 9:37 p.m.
NEW BUSINESS•
15. RECEIVE AN ITEM FROM THE APPEALS COMMISSION MEETING OF
MARCH 14, 1995•
A. VARIANCE REOUEST. VAR #95-03, BY NORDQUIST SIGN COMPANY, TO
INCREASE THE SIZE OF A WALL SIGN FROM 3 SQUARE FEET TO
49 SQUARE FEET AT THE FRIDLEY CONVALESCENT HOME, GENERALLY
IACATED AT 7590 LYRIC LANE N.E. (WARD 11:
MOTION by Councilman Sillings to concur with the unanimous
� recommendation of the Appeals Commission and gran� Variance
Request, VAR #95-03, with the following stipulations: (1) the
_ variance shall remain in effect until: (a) the signs are altered
in any way except for routine maintenance, and change of inessages
which makes the signs less in compliance with the chapter than it
was before the alteration; (b) the supporting structure of the
signs is replaced or remodeled: (c) the gace of the signs is
replaced or remodeled; (d) the signs become dilapidated or damaged,
and the cost of bringing them into compliance is more than 50
percent of the value of said signs, at which time all of the signs
and their structures must be removed; and (e) notwithstanding (a)
above, the name of the business being changed on the signs,
Seconded by Councilwoman Jorgenson. Upon a voice vote, all votinq
aye, Mayor Nee declared the motion carried unanimously.
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16. RECEIVE AND ITEM FROM THE APPEALS COMMISSION MEETING OF
MARCH 28, 1995:
VARIANCE REOUEST, VAR #95-05, BY STEPHEN HOSCH, TO REDUCT THE
SETBACK OF AN ADDITION TO AN ATTACHED SINGLE CAT2 GARAGE FROM
4 FEET TO 3 FEET, GENERALLY LOCATED AT 6570 SECODN STREET A7.E.
(WARD 11:
Mr. Hickok, Planning Coordinator, stated that this is a request to
allow a nine foot addition to a single garage and a setback three
feet from the property line. He stated that the property owner to
the north opposes this variance.
FRIDLEY CITY COUNCIL MEETING QF APRIL 10. 1995 PAGE 7
� Mr. Hickok stated that the Appeals Commission voted two to one to
iecommend approval. He stated one of the concerns was the
overhang. He stated that this has been reviewed by the Fire
Department, a fire wall should be constructed, and the overhang not
extend more than twelve inches.
Councilman Billings stated that in the mid to late 1980's, the
ordinance was changed to allow less than a five foot setback under
certain circumstances. He asked what conditions had to be met for
the garage to be lees than five feet from the property linee
Mr. Hickok reviewed the conditions as outlined in the codeo
Councilman Billings stated that the ordinance was intended to allow
the structures to be within eight feet.
Ms. Dacy, Community Development Director, stated that staff's
interpretation was that a variance was needed from four £eet to
three feet.
Councilman Billings asked if the driveway would be expandede
Mr. Hosch, the petitioner, stated that the driveway is already wide
enough to accommodate two cars and would not be expanded. He
� stated that was the main concern of the neighbor to the north, as
this person is planning to sell her home and was concerned if a
future addition would be permitted onto the garage of her home.
He stated that there would be space for at least a ten foot
addition on his neighbor's property. He stated that the Appeals
Commission member who voted against the variance had the same
concern, but the survey was not available at the time of the
Appeals Commission meeting. Hopefully, it addresses that concern,
as there is space to add to the garage.
MOTION by Councilman Billings to grant Variance Requesto VAR
#95-05, with the following stipulation: (1) the north wall of �he
addition shall be one hour fire rated with no openings and tche
overhang shall not exceed twelve inches. Seconded by Councilwoman
Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared
the motion carried unanimously.
17. APPROVE ADDENDUM TO THE LEASE AGREEMENT BETWEEN THE CITY OF
FRIDLEY AND RECYCLE MINNESOTA RESOURCES, INC.:
Mr. Hickok, Planning Coordinator, stated that this addendum relates
to the Recycle Minnesota Resources lease pertaining to plastics.
He stated the addendum states that ef€ective Aprii 1, 1995, the
City shall pay �he per pound fee to recycle necked plastic bottYes
� on behalf of the users of the site. xe stated that all other
aspects of the lease shall remain unchanged.
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FRIDLEY CITY COUNCIL MEETING OF APRIL 10, 1995 PAGE 8
MOTI�N by Councilman Schneider to approve the addendum to the lease
agreement between the City and Recycle Minnesota Resources, Inc,
Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting
aye, Mayor Nee declared the motion carried unanimously.
18. INFORMAL STATUS REPORTS:
Mr. Burns, City Manager, stated that he had three items to discuss
informally after this meetinq. They are as follows: (1) informa-
tion on the relocation of the liquor store; (2) the Environmental
Quality and Energy Commission's recommendation on the Recycle
Minnesota Resources site; and (3) review of a concept for Stony-
brook Creek/Locke Lake.
ADJOURNMENT'
MOTION by Councilwoman Jorgenson to adjourn the meeting. Seconded
by Councilman Schneider. Upon a voice vote, all voting aye, Mayor
Nee declared the motion carried unanimously and the Regular Meeting
of the Fridley City Council of April 10, 1995 adjourned at
9:55 p.me
Respectfully submitted,
Carole Haddad
Secretary to the City Council
William J. Nee
Mayor