09/22/1997 - 00001727�
THE REGULAR MEETING OF THE
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The Regular Meeting of the Fridley City Council was called to order
by Mayor Jorgenson at 7:34 p.m.
PLEDGE OF ALLEGIANCE.
Mayor Jorgenson led the Council and audience in the Pledge of
Allegiance to the Flag.
ROLL CALL:
MEMBERS PRESENT:
MEMBERS ABSENT:
PROCL�AMATIONS:
Mayor Jorgenson,
Councilman Billings,
Councilwoman Bolkcom
None
Councilman Barnette,
Councilman Schneider and
DOMESTIC VIOLENCE AWARENESS MONTH: OCTOBER, 1997•
Mayor Jorgenson read and issued a proclamation proclaiming the
month of October as Domestic Violence Awareness Month_ During this
month, Anoka County media, churches and other organizations will
� inform area residents about domestic violence, its prevalence,
consequences, and what we, as a concerned community, can do to
eliminate its existence.
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PHYSICIAN ASSISTANT DAY, OCTOBER 6, 1997.
Mayor Jorgenson read and issued a proclamation proclaiming
October 6 as Physician Assistant Day in recognition of the
contributions and outstanding service of the physician assistant
profession. Physician assistants deserve t"he City's heartfelt
thanks for the medical care they provide throughout the year.
FIRE PREVENTIOPd WEEK: OCTOBER 5-11, 1997:
Mayor Jorgenson read and issued a proclamation proclaiming the week
of October 5 through 11 as Fire Prevention Week. In commemoration,
the public is invited to visit each oi the City's three fire
statzons on Saturday, October 4 to view the community's fire
fighting equipment, to meet the firefighters, and to visit with
other"members of the City's Public Safety Division.
Mayor Jorgenson presented this proclamation to Kevin Swanson of the
Fire Department. Mr. Swanson stated that the three fire stations
will be open on Saturday, October 4 from 1.�0 p.m. to 5:00 p.m.,
however, all demonstrations will be held at the main fire station
on University Avenue. He reviewed the activities planned,
including landing of the National Guard helicopter as part of the
DARE program. Other organizations participating are NSP, MPCA, Red
Cross, Healthspan, and the City's Public Safety Divislon.
Refreshments will be provided by Old Country Buffet. Mr. Swanson
invited everyone to attend.
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FRIDLEY CITY COUNCIL MEETING OF SEPTEMSER 22, 1997 PAGE 2
CITIES WEEK: OCTOBER 5-11, 1997:
Mayor Jorgenson read and lssued a proclamation proclaiming the week
of October 5 through 11 as Cities Week. She encouraged all
citizens to become active partners with their City government to
build a strong and bright future for all to en�oy.
NATIONAL BREAST CANCER AWARENESS MONTH: OCTOBER, 1997
AND
NATIONAL MAMMOGRAPHY DAY, OCTOBER 17, 1997:
Mayor Jorgenson read and issued a proclamation proclaiming the
month of October as National Breast Cancer Awareness Month and
October 17 as National Mammoqraphy Day.
APPROVAL OF MINUTES:
COUNCIL MEETING, SEPTEMBER 8, 1997:
MOTION by Councilman Schneider to approve
Seconded by Councilwoman Bolkcom. Upon
aye, Mayor Jorgenson declared the motion
APPROVAL OF PROPOSED CONSENT AGENDA:
OLD BUSINESS:
the minutes as presented.
a voice vote, all voting
carried unanimously.
1. ORDINANCE N0. 1103 TO AMEND THE CITY CODE OF THE CSTY OF
2.
Mr. Burns, City Manager, stated that this rezoning request is
by the Fridley American Legion to allow expansion of their
parking area. The Planning Coznmission recommended apprcval,
and staff recommends the second and final reading of this
ordinance.
WAIVED THE READING AND ADOPTED ORDINANGE NO. 11�3 ON THE
SECOND READING AND ORDERED PUBLICATION WITH THE STIPULATIONS
THAT (1) A COMPREAENSIVE PI.AN AMENDMENT SHALL BE APPROVED
PRIOR TO CONSTRUCTION OF THE EXPANDED PARKING AREA; AND (2) A
$5,000 PERFORMANCE BOND SHALL BE SUBMITTED TO ENSURE
COMPLETION OF THE LANDSCAPING AND FENCING.
AGREEMENT BETWEEN THE CITY OF FRIDLEY AND BRW TO
y
� Mr. Burns, City Manager, stated that the total contract cost
is $59,160, with $25,000 being contributed by Home Depot. The
balance, $34,160 is to be paid for by the City and staff
recommends approval.
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FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 22, 1997 PAGE 3
APPROVED THE AGREEMENT BETWEEN THE CITY AND BRW TO COMPLETE
DESIGN AND CONSTRUCTION/INSPECTION OF THE 57TH AVENUE
RECONSTRUCTION PROJECT NO. ST. 1997-4.
NEW BUSINESS:
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RECEIVE THE MINUTES OF THE PLANNING COMMISSION MEETING OF
SEPTEMBER 3, 1997;
RECEIVED THE MINUTES OF THE PLANNING COAMI2SSION MEETING OF
SEPTEMBER 3, 1997,
SPECIAL USE PERMIT REQUE5T, SP #97-D6, BY CRAIG AND DELORES
Mr. Burns, City Manager, stated that the petitioners want to
construct a new 24 foot by 38 foot detached garage. At the
same time, they want to relocate an existing 22 foot by 22
foot detached garaqe_ Another accessory building, which is 10
feet by 28 feet located near the rear of the property, is also
to be removed. The new garage will be used for storage of
vehicles. The relocated garage will be used for storage of
wood and maintenance equipment, as well as a dog kennel. All
of this work can be accomplished within lot coverage and the
accessory use limits mandated by the City's zoning code. The
Planning Commission unanimously approved this request. Staff
recommends approval with five stipulations.
APPROVED SPECIAL USE PERMIT, SP #97-06, WITH THE FOLLOWING
STIPULATIONS: (1) THE STRUCTURES SHALL BE ARCHITECTURALLY
COMPATIBLE WITH THE EXISTING DWELLING; (2) NEITHER ACCESSORY
STRUCTURE MAY BE USED FOR A HOME OCCUPATION; (3) THE 10 FOOT
BY 28 EO�T ACCESSORY STRUCTURE SHALL BE REMOVED WITAIN TAREE
MONTHS OE COMPLETION OF THE GARAGES; A DEMOLITION PERMIT SHALL
BE OBTAINED; (9) PROPER MOVING AND BUILDING PERMITS SHALL BE
OBTAINED PRIOR TO CONSTRUCTION STARTING; AND (5) THE SECOND
GARAGE (22 FEET BY 22 FEET) SHALL NOT BE LOCATED IN THE
UTILITY EASEMENT.
APPROVE COMPREHENSIVE SIGN PLANS FOR OSBORNE COMMERCE CENTERS
II, BY STEINER
LLY LOCATED AT
Mr. Burns, City Manager, stated that sign plans for Phases I
and II of the Osborne Commerce Center at 103 and 223 Osborne
Road were submitted by the developer, Steiner Development
Corporation. The plan is new for the building located at 103
Osborne Road (Phase II) and revises the plan previously
submitted for 223 Osborne Road (Phase I). The main signage is
on the south side of the building facing Osborne Road. Anchor
tenants will be allowed to have a 68 square foot sign, with
other tenants allowed a 40 square foot sign. Anchor tenants
will also be allowed signage on the east and west side of the
building. All signs will consist of individual vinyl letters.
� FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 22, 1997 PAGE 4
The revisions to Phase I signage include shifting from "pan
signs" to individual vinyl letters and increasing the size of
letters allowed to anchor tenants. The changes to the Phase I
plan will afford consistency in signage for the two buildings.
P.11 of the proposed signage is consistent w�th the City's s�gn
code.
APPROVED COI�REHENSIVE SIGN PI,ANS FOR OSBORNE CONA'IERCE CENTERS
I AND II, GENERALLY LOCATED AT 103 OSBORNE ROAD N.E.
5. APPRQVE TELECQMMUNICATION CONSULTING AGREEMENT BETWEEN THE
CITY OF FRIDLEY AND KREINES & KREINES, INC.
Mr. Burns, City Manaqer, stated that the consultant will
evaluate two methods for providing telecommunications
antennae. The first approach, the designated site approach,
would require telecommunications providers to construct and
operate antennae on City-owned sites. In the second approach,
the municipal utility option, the C�ty would construct and
lease antennae on sites owned by the City. The role of the
consultant will be to evaluate the costs and revenues
available from each of the approaches over a ten-year span.
The consultant will also assess other advantages and
� disadvantages associated with each approach. These consultant
services will cost the City a fee, not to exceed $50,000. In
the event that the City determines to establish a
telecommunications utility, the proposed utility must be
approved by the voters in a referendum.
APPROVED THE TELECOMMUNICATION CONSULTING AGREEMENT BETWEEN
THE CITY OF FRIDLEY AND KREINES 6 KREZNES, INC. OF TIBURON,
CALIFORNIA.
7. RESOLUTION N0. 70-1997 AUTHORIZING EXECUTION OF SUB-GRANT
AGREEMENT FOR FEDERAL ASSISTANCE UNDER THE INFRASTRUCTURE
PROGRAM FOR SUB-GRANTEES:
Mr. Burns, City Manager, stated that this resolution
authorizes the Emergency Management Director to execute and
sign sub-grant agreements with the Federal Emergency
Management Administration relative to reimbursement for storm
damage cleanup between June 28 and July 27 1997. The City
expects reimbursements to be about $15,000.
ADOPTED RESOLUTION NO. 70-1997.
8. RESOLUTION N0. 71-1997 APPROVING PARTICIPATION IN THE ANOKA
COUNTY AUTO THEFT TASK FORCE:
� Mr. Burns, City Manager, stated Anoka County has received a
grant of $115,528 from the Minnesota Department of Public
Safety. As a result of the grant, a multi-agency auto theft
task force will be formed. The grant money will be used
largely for computer and surveillance equipment, as well as
for investigative overtime. Fridley's role in the task force
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FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 22, 1997 PAGE 5
will be to provide investigative and surveillance services of
our officers on an overtime basis.
ADOPTED RESOLUTION NO. 71-1997.
9. RESOLUTION NO. 72-1997 DESIGNATING AUTHORIZED PERSON TO
EXECUTE AGREEMENTS AND AMENDMENTS TO COMMITNITY ORIENTED
POLICING OVERTIME GRANT:
Mr. Burns, City Manager, stated that the City has recently
been notified by the Minnesota Departmen� of Public Safety
that we are among 53 Minnesota cities to receive Federal
funding for community oriented policing. The City's award is
for $10,000 and will be used to support overtime costs of our
Neighborhood Resource Officer program. This resolution
authorizes signature of the agreements necessary to implement
the grant award.
ADOPTED RESOLUTION NO. 72-1997.
10. RESOLUTION N0. 73-1997 ACCEPTING TERMS OF AN OUT OF COURT
SETTLEMENT WITH RICHARD BISTODEAU:
� Mr. Burns, City Manager, stated that this resolution
authorizes a$100,000 out of court settlement with Richard
Bistodeau. In exchange for the $100,000 that will be paid for
by the City's insurer, Mr. Bistodeau agrees to drop all cla�ms
against the City arising out of his non-appointment as a full-
time firefzghter in September, 1994. Mr. Bistodeau had
claimed that the hiring process was discriminatory and not in
compliance wrth the provisions of the Americans with
Disabilities Act. This settlement agreement was reached on
September 4, 1997, in a settlement conference before Federal
Magistrate Arthur Boylan. At this conference, our attorney
and the attorneys for our insurer, the League of Minnesota
Cities Insurance Trust, agreed to the settlement sub�ect to
Council's approva L While Council has the option of re�ecting
the settlement it would, in doing so, accept City
responsibility for all costs associated with this case which
may exceed $100,00D. Staff recommends that the Crty accept
the terms of the settlement. In the aftermath of the
settlement, staff will conduct a thorough assessment of our
firefighter selection process and will make necessary changes
to prevent claims similar from the ones made in this case from
recurring.
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ADOPTED RESOLUTION NO. 73-1997
11. RESOLUTION DECLARING COST TO BE ASSESSEU AND ORDERING
PREPARATION OF PROPOSED ASSESSMENT FOR LOCKE LAKE EXCAVATION
PROJECT N0. 255:
Mr. Burns, City Manager, stated that based on the final cost
of the Locke Lake dredging pro�ect, $51,459 will be assessed
to properties abutting Locke Lake. Assessments will be
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FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 22, 1997 PAGE 6
payable over a ten-year period beginning in January, 1998.
This resolution recognizes the cost to be assessed and
authorizes City staff to calculate the amount to be assessed
against benefiting property owners.
THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA AND PLACED ON
THE REGULAR AGENDA.
12. RESOLUTION FOR HEARING ON PROPOSED ASSESSMENT FOR LOCKE TAKF
EXCAVATION PROJECT NO. 255:
Mr. Burns, City Manager, stated that the proposed public
hearing date is October 27, 1997. A hearing notice will be
placed in our official newspaper, and notices will be mailed
to each affected property owner at least two weeks prior to
the hearing.
THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA AND PLACED ON
THE REGUI,AR AGENDA.
13, RESOLUTION NO 76-1997 DECLARING COST TO BE ASSESSED AND
ORDERING PREPARATION OF PROPOSED ASSESSMENT FOR CONCRETE CURB
AND GUTTER PORTION OF THE ALDEN WAY STREET IMPROVEMENT PROJECT
N0. ST. 1996-1 & 2:
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Mr. Burns, City Manager, stated that the cost to be assessed
to benefiting property owners is $50,250. The cost will be
assessed at the rate of $10 per front foot over a period of
ten years. The City is directed to calculate the assessment
for benefrting property owners.
ADOPTED RESOLUTION NO. 76-1997.
RESOLUTION N0. 77-1997 FOR HEARING ON PROPOSED ASSESSMENT FOR
ALDEN WAY STREET IMPROVEMENT PROJECT NO. ST. 1996-1 & 2:
Mr. Burns, City Manaqer, stated that the proposed hearing date
is October 27, 1997. General public notices and property
owners notices will be executed at least two weeks prior to
the hearing date.
ADOPTED RESOLUTION NO. 77-1997.
APPOINTMENT' CITY EMPLOYEE:
Mr, Burns, City Manager, stated that Mark Kluge is recommended
for appointment as Mechanic A in the Public Works Maintenance
Division. Mr. Kluge has his automobile mechanic certification
from 916 Technical College. He has been employed as a
mechanic at JR Transmission and Repair; lead mechanic at Crown
Auto, and mechanic at Pat's Mobile. Mr. Kluge's other
experiences include welding and fabricatinq, repairing diesel
equipment, tractors, bobcats, dump trucks, and snow blowers.
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FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 22, 1997 PAGE 7
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CONCURRED WITH THE FOLIAWING APPOINTMENT BY THE CITY MANAGER:
Starting Starting
Name Position Salary Date Replaces
Mark Mechanic A $15.33 Sept. 23, William
Kluge Non-exempt per hour 1997 Murphy, Sr.
CLAIMS:
AUTHORIZED PAYMENT OF CLAZM NOS. 76553 THROUGH 76798.
17. LICEN5ES:
APPROVED THE LICENSES AS SUBMITTED ANII AS ON FILE IN THE
LICEN5E CLERK'S OFFICE.
18. ESTIMATES:
THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA I�iB PLACED ON
THE REGULAR AGENDA.
No persons in the audience spoke regarding the proposed consent
agenda items.
Councilwoman Bolkcom requested that Items 11 and 12 be removed from
the consent agenda.
Councilman Billings requested that Item 18 be removed from the
consent agenda due to the change in one of the estlmates.
MOTION by Councilman Schneider to approve the consent agenda items
with the exception of Items 11, 12 and 18. Seconded by Councilman
Barnette. Upon a voice vote, all voting aye, Mayor Jorgenson
declared the motion carried unanimously.
ADOPTION OF AGENDA:
MOTION by Councilman Schneider to adopt the agenda with the
addition of Items 11, 12 and 18 from the consent agenda. Seconded
by Councilman Barnette. Upon a voice vote, a11 voting aye, Mayor
Jorgenson declared the motion carried unanimously.
OPEN FORUM, VISITORS:
There was no response from the audience under this item of
business.
PUBLIC HEARINGS:
19. PUBLIC HEARING ON UNIVERSITY AVENUE FENCE:
MOTION by Councilman Billings to waive the reading of the public
hearing notice and open the public hearing. Seconded by
Councilwoman Bolkcom. T3pon a voice vote, all voting aye, Mayor
� FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 22, 1997 PAGE 8
Jorgenson declared the motion carried unanimously and the public
hearing opened at 8:04 p.m.
Mr. Flora, Public Works Director, stated that in 1984, a study
group suggested that lights be added along University Avenue and
the chain link fence be removed on the east side from I-699 to
Mississippi Street. In 1992, the Southern Anoka County Chamber of
Commerce requested removal of the fence on the east side of
University Avenue between I-694 and Mississippi Street. The
reasoning was that snow piled along the fence and it created a
psychological barrier, as well as an unsightly appearance.
Mr. Flora stated that a past survey sent to about two hundred
residents resulted in seventy responding favorably and eleven
against removal of the fence from I-694 to Mississippi Street. In
February, 1993, Council forwarded a resolution to the Minnesota
Department of Transportation requesting removal of the fence. The
State suggested that the City provide a hold harmless agreement
before they would proceed with removing the fence. The attorneys
indicated that this was not necessary. This was held in abeyance.
Mr. Flora stated that a recent request was received from the
Southern Anoka County Chamber of Commerce to remove the fence from
� I-694 to Mississippi Street. He reported that 393 surveys were
sent to residents. As of this date, the City received 29 responses
in favor of removing the fence on the east side of University
Avenue with 81 responses indicating that they wanted the fence
retained on University Avenue.
Mayor Jorgenson asked when the fence was or�ginally installed.
Mr. Flora stated that he believed the fence was in the late 1960's.
Soth the cities of Columbia Heights and Fridley requested the fence
to be installed.
Councilman Schneider asked the purpose of requesting the State to
instaLl the fence.
Mr. Flora stated that he did not have any specific details. At
that time, University Avenue was two lanes, and there was concern
about widening it to four lanes.
Councilman Billings stated that the resolution adopted in February,
1993, called for removal of the fence from 57th Avenue to
Mississippi Street on the east side of University Avenue. The
Department of Transportation initially responded that they would
remove the fence. Mayor Nee sent a letter to the State indicating
that Council voted to take the fence down, however, he personally
� was opposed to rt.
Councilman Billings said the State then requested a hold harmless
agreement. A ma�ority of this Council, in 1993, did vote to
request the Minnesota Department of Transportation to remove the
ience from 57th Avenue to Mississippi Street.
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FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 22, 1997 PAGE 9
Mr. Flora confirmed that Council asked the Department of
Transportation to removal of the fence, if possible.
Councilwoman Bolkcom asked if there were any comments from those in
favor of removing the fence.
Mr. Flora stated that the ma�ority of the comments regarded access.
Councilman Billings stated that there have been letters to the
editor of Focus News regarding the unsightly fence. The City is
currently going throuqh a comprehensive planning process, and there
have been comments from the residents regarding the fence.
Mr. Flora stated that three areas have had neighborhood meetings in
the east and north portions of the City. In those meetings, there
were statements in support of removing the fence on the east side
of University Avenue
Ms. Loretta Larson, 5980 Fourth Street, submitted a petition with
over two hundred signatures opposing the removal of the fence. She
is opposed to removal of the fence because of the safety issue for
animals and children, as well as security reasons. With the fence,
people cannot cut across the residents' yards. She understood that
the businesses wanted the fence removed, but they have their signs
that are elevated for visibility.
MOTION by Councilman Barnette to receive Petition No. 4-1997
opposing the removal of the fence on the east side of University
Avenue. Seconded by Councilman Schneider. Upon a voice vote, all
voting aye, Mayor Jorgenson declared the motion carried
unanimously.
Ms. Margaret Seefeld, 5956 Fifth Street, stated that she was
opposed to removal of the fence from 45th to 69th Avenues on both
sides of Universzty Avenue. She read a letter from Sim and Sharon
Larson of Longmont, Colorado, whose daughter was killed on
University Avenue in 1970. As a result, the fence was installed to
avoid a lawsuit. If residents felt the fence was an eyesore, they
should clean up the area and plant some shrubs rather than
complain.
MOTION by Councilman Barnette to receive a copy of a letter dated
September 19, 1997 signed by Jim and Sharon Larson, 1328 Hilltop
Drive, Longmont, Colorado 80501. Seconded by Councilwoman Solkcom.
Upon a voice vote, all voting aye, Mayor Jorgenson declared the
motion carried unanimously.
Ms. Carole Newham, 4351 Sixth Street, stated that she was an aunt
� to the child who was killed on University Avenue in 1970. She
stated that it was very hard to go to her niece's grave. She was
opposed to removal of the fence.
Ms. Lana Freeburg, 301 Rice Creek Terrace, stated that she is
opposed to removal of the fence. Al1 the areas along University
Avenue from I-694 to Osborne Road are not alike, as there are
� FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 22, 1997 PAGE 10
businesses and residential homes. She asked Council to consider
these different areas with �he purposes they serve to the
community. She read a letter from Pastor Clarke Poorman of
Woodcrest Baptist Church dated September 22, 1997, in opposition to
removing the fence.
MOTION by Councilman Bzllings to receive the letter from Pastor
Clarke Poorman dated September 22, 1997, in opposition to removal
of the fence. Seconded by Councilwoman Bolkcom. Upon a voice vote,
all voting aye, Mayor Jorgenson declared the motion carried
unanimously.
Ms. Freeburg stated that if the fence along University Avenue was
removed, she would feel less secure in walking the pathway. She
felt the limited access provides for greater safety She can
understand why the businesses would want more visibility, buti the
residential areas should be offered more protection.
Councilman Schneider stated that if the fence were to be removed
along this area of University Avenue, Woodcrest Baptist Church
could install their own fence
Mr. Paul Corbett, 5367 Altura Road, asked who is behind the request
� to remove the fence.
Councilman Billings stated that the original request from the
businesses was to remove the fence on the east sade of University
Avenue from I-694 to Mississippi Street. There have been letters
to the editor of Focus News, and persons have contacted the City
regarding the fence. Therefore, Council decided to conduct a
public hearing to receive comments from the residents.
Mr. Corbett stated that he would be opposed to removing the fence.
He questioned the number of business versus the number of residents
who wanted the fence removed.
Councilman Billings stated that the results of the survey indicate
the only area of the fence that should be removed is the section
from 57th Avenue to Mississippi Street. The rest of the fence
should remain
Mr. Corbett felt that if a portion was removed, it would probably
mean that all the fence would be torn down.
Councilwoman Bolkcom stated that there has not been a decision.
This is the reason for the public hearing.
Councilman Barnette stated that he received two telephone calls
� from persons that live along University Avenue that wanted the
fence removed. He was inclined to favor removal of the fence, as
it is, basically, an eyesore. He did not think it was much of a
safety factor.
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FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 22, 1997 PAGE 11
Mr. Joe Pisansky, 5313 Altura Road, stated that he wanted the fence
to remain for security reasons, and he was opposed to having it
removed.
Mr. Jeff Jansen, 4727 Third Street, stated that the fence was
installed because someone was killed. The businesses between 57th
Avenue and 61st Avenue are thriving. Instead of removing the
fence, it should be beautified and cleaned up.
Mr. Mike Riley, 4703 Third Street, stated that his property backs
up to University Avenue. He has a problem now with people
trespassing on his property. If the fence is removed it would only
increase his problem. He was opposed to removing the fence along
the west side of University Avenue. He said that Representative
Chaudhary said the City is second or third in line to have a noise
reduction wall on University Avenue from 49th Avenue to Osborne
Road. He felt that nothing should be done with the fence until
there is a decision on that wall.
Mr. Flora stated it was his understanding that the State would not
construct a noise wall on new pro�ects.
Mr. Riley stated that he also spoke to Mr. Dave Hansen, who was
� taking a noise survey last spring, along with Representative
Chaudhary. They assured him the City is in the running for
construction of this wa11.
Councilman Billinqs suggested that staff follow up on this issue
with Representative Chaudhary's office.
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Mr. Loren Smerud, 4603 Third 5treet, submitted a petition from
persons living on 46th, 47th, and 48th Avenues. There are 61
people in that area who are opposed to removing the fence.
MOTION by Councilman Billings to receive Petition No. 5-1997
opposing the removal of the University Avenue fence. Seconded by
Councilwoman Bolkcom Upon a voice vote, all voting aye, Mayor
Jorgenson declared the motion carried unanimously.
Mr. Doug McNurlin, Southern Anoka County Chamber of Commerce,
stated that the Southern Anoka County Chamber of Commerce has
requested that the fence be removed from I-694 to Mississippi
Street. They have not requested the fence be removed from the
residential areas along University Avenue. The fence collects
trash and weeds, and it is an eyesore. It is also a psychological
barrier for the businesses along University Avenue, as snow does
pile up and blocks the view for the businesses. The businesses
along University Avenue have not been thriving, and there is only
one restaurant left in the area. He suggested that a portion of
the fence be removed in the area of the businesses.
Ms. Dee Larson, 6161 Fifth Street, stated her
the fence is removed, trash wi11 be coming o
Children today have no boundaries, but the
boundary for some children.
concern is that,
n to her property.
fence has been
if
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FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 22, 1997
Ms. Karen Earley, 6041 Third Street, stated that she lives on the
west side of University Avenue, and the fence is in her back yard.
She was opposed to removing the fence.
Mr. Mel Smyre, 286 Rice Creek Boulevard, stated that his area (near
69th Avenue and University) attracts youth in the summer, and the
fence helps reduce foot traffic in the vzcinity of the creek. The
fence also helps to keep animals from crossing Universrty Avenue
whzch would be a safety issue for motorists. He urged the Council
to keep the fence in this area, as well as the residential areas.
Mr. Chad Lusty, 6004 2-1/2 Street, stated that he was opposed to
removal of the fence. The fence is needed for safety, and more
effort should be put into repairing or replacing the fence.
Mr. Dan Delzer, 360 67th Avenue, stated that there is a general
consensus that residents do not want the fence removed. The fence
is definitely an eyesore, but safety is an important issue. He
suggested that a different fence be installed. Consideration
should be given to the businesses' right for the fence to be
removed if it can be proven they are suffering because of it.
Mayor Jorgenson asked how the snow storage would be handled if the
fence were to be removed.
Mr. Flora stated that the fence does retain the snow.
Realistically, the snow would probably be pushed back and forth
between University Avenue and the service road.
Mr. Robert Zmuda, 6051 Fourth Street, stated that he felt the
problem for the businesses is more accessibility and siqnage than
the fence. He would not like the fence removed.
MOTION by Councilman Billings to close the public hearing. Seconded
by Councilwoman Bolkcom. Upon a voice vote, all voting aye, Mayor
Jorgenson declared the motion carried unanimously and the public
hearing closed at 8:99 p.m.
Councilman Billings stated that, speaking for himself, a reasonable
statement is that he does not think the fence would be removed on
University Avenue on the west side and probably not north of
Mississippi Street. As far as the section of fence south of I-694,
he would certainly want input from Columbia Heights before any
action was taken.
Mrs. Loretta Larson asked about the two hundred persons who signed
the petition saying they do not want the fence removed on the east
side. There are a lot more residents than businesses who are not
in favor of removing the fence.
Councilman Schneider stated that the Southern Anoka County Chamber
of Commerce has requested that Council consider removal of the
fence. He would like for the Southern Anoka County Chamber of
Commerce to come up with some alternative options.
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FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 22, 1997 PAGE 13
Councilwoman Bolkcom stated that further discussion is needed. She
felt there could be some alternatives besides removal of the fence.
Mayor Jorgenson stated that Council has heard a great deal of
discussion through comprehensive planning meetings regarding
corridors. Council wants Fridley to be a good place for everyone
to live, work, and operate a business. Input is needed from the
business community and residents to make this work for everyone.
Councilman Schneider stated that this issue should not be residents
against businesses but to have everyone work as a team to resolve
this issue.
Councilwoman Bolkcom stated that the businesses she contacted on
University Avenue never suggested the fence be removed. The
comments she heard is that the fence is unsightly and collects
trash.
Ms. Margaret Seefeld suggested having those persons who have to do
community service work clean up and maintain the fence area.
P�ayor Jorgenson stated that Fridley does use these persons in some
areas of the community.
Mr. Doug McNurlin stated he felt
force the issue, but discussion of
for a long period of time. The
issue. He realizes that there is a
not far from University Avenue.
suggestions the residents have to
the Chamber of Commerce, Barbara
571-9781.
that the businesses would not
the fence has been on the table
businesses realize the safety
problem, as he lives in Fridley
He would be open to any
offer. He or the President of
Warren, can be contacted at
Mayor Jorgenson stated that the residents would be kept informed of
Council's discussion on this item. Staff and Council will work
with the neighborhood and business community to try to resolve this
issue. She thanked everyone who attended the meeting, as well as
those residents who returned the survey but were unable to attend
the meeting.
20. PUBLIC HEARING ON A ZONZNG TEXT AMENDNLENT, ZTA #97-01, BY THE
CITY OF FRIDLEY, TO RECODIFY THE FRIDLEY CITY CODE, CHAPTER
205, ENTITLED "ZONING," IN ORDER TO REGULATE THE LOCATION OF
PAWN SHOPS, PAWN BROKERS, AND SECOND HAND GOODS DEALERS:
MOTION by Councilwoman Bolkcom to waive the reading of the public
hearing notice and open the public hearing Seconded by Councilman
Barnette Upon a voice vote, all voting aye, Mayor Jorgenson
declared the mot�on carried unanimously and the public hearing
opened at 9:02 p.m.
Mr. Hickok, Planning Coordinator, stated that the purpose of this
zoning text amendment is to regulate the location of pawn shops,
pawn brokers, and second hand shops. Currently, these uses are
permitted in a C-1 and CR-1 zoning district. However, the CR-1
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FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 22, 1997 PAGE 14
district was intended to serve as a transition between residential
properties and higher intensity commercial business uses. The C-1
district was intended to provide convenient business opportunities
to serve the convenience needs of the surrounding residential
areas. This amendment will assure the intent of the C-1 district
stays in�act and that detrimental impacts to ad�acent residential
uses are curtailed.
Mr. Hickok stated that a meeting was held on
group of local business owners representing a
pawn shop and second-hand dealers in Fridley.
discussed the proposed code modifications
staff's recommendation to prohibit such shops
zoning districts.
April 7, 1997 with a
cross-section of the
The business owners
and concurred with
in the C-1 and CR-1
Mr. Hickok stated that the Planning Commission unanimously voted to
recommend approval of this zoning text amendment to Council.
Mr. Dan Delzer, 360 67th Avenue, asked if there was any correlation
between pawn shops and the crime rate in the city.
Mayor Jorgenson stated that the ordinance requires certain
reporting measures which helps curtail illegal activities that can
occur.
No other persons spoke regarding this proposed zoning text
amendment.
MOTION by Councilwoman Bolkcom to close the public hearing.
Seconded by Councilman Schneider. Upon a voice vote, all voting
aye, Mayor Jorgenson declared the motion carried unanimously and
the public hearing closed at 9:12 p.m.
21. PUBLIC HEARING ON REZONING REQUEST, ZOA #97-03, BY THE CITY OF
FRIDLEY, TO REZONE PROPERTY FROM R-3, GENERAL Mi7LTIPLE FAMILY
DWELLING, TO R-1, SINGLE FAMILY DWELLTNG, GENERALLY LOCATED AT
THE NORTHEAST CORNER OF 61ST WAY AND EAST RIVER ROAD'
MOTION by Councilwoman Bolkcom to waive the reading of the public
hearing notice and open the public hearing. Seconded by Councilman
Schneider. Upon a voice vote, a11 voting aye, Mayor Jorgenson
declared the motion carried unanimously and the public hearing
opened at 9•12 p.m.
Mr. Hickok, Planning Coordinator, stated that this was a request by
the City to rezone property from R-3 to R-1. The property is
located along East River Road between 61st Way and 61-1/2 Way and
is approximately three acres in size. The property was rezoned in
1984 from single family to multiple family for a 28 unit townhome
development, and the plat was approved by the City. The developer
failed to meet his obligatlons, and the City is choosing to rezone
the property back to single family.
Mr. Hickok stated that three criteria have been met regarding
compatibility of the proposed use with the proposed district;
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FRIDLEY CITY COUNCIL MEETING OF SEPTENIBER 22, 1997 PAGE 15
compatibility of the proposed district with ad�acent uses and
zoning; and compliance of the proposed use with the proposed
district requirements. The land is currently vacant, and there are
no development proposals at this time for the property. The
surrounding zoning districts include R-1 to the west and north;
vacant railroad property to the east; and recently rezoned property
of M-1 to the south. If this rezoning is approved, a future
development would be required to meet the R-1 zoning district
regulations, unless a rezoning is requested.
Mr. Hickok stated that the Planning Commission voted three to two
to recommend denial of this rezoning request. The Commission felt
that the site should remain as it is currently zoned given rts
location near an industrial area and the railroad. Staff
recommends approval of this rezoning in order to comply with the
original intent of the 1984 action.
Councilwoman Bolkcom felt that the rezoning gave Council more
discretion and does not eliminate the possibility of a future
request for R-3 zoning.
Councilman Sillings stated that there is no development proposal,
and wanted to know if it is staff policy or a statutory requirement
that there be a development proposal for a rezoning.
Mr. Hickok stated that, historically, it is staff policy. Having a
development proposal is not a statutory requirement. Not only
would the rezoning give Council control, rt gives the neighborhood
an opportunity for a public hearing and to address their concerns
for any development on this site The Planning Commission pointed
out that an R-3 development today on this site may be a real
surprise to the residents in the neighborhood, as they may have
believed it reverted back to R-1 zoninq when the proposed
development did not proceed.
Councilman Schneider stated tha� what is being accomplished with
this rezoning is reverting to the same zoning it was in 1984, prior
to the proposal for development of this site.
Councilman Barnette stated that a ma�ority of the Planning
Commission members felt that, in thezr minds, this was never going
to develop as R-1, and there will be another request to rezone to
R-3.
Councilwoman Bolkcom stated �hat she would like to rezone to R-1,
as it would give the immediate neighborhood an opportunity to meet
with a potential developer. She would also listen to any proposals
for this srte.
Mr. Knaak, City Attorney, stated that Council, with this rezoning,
is clearing the azr with respect to the title of this property and
probably even making rt more developable. Council also entered
into an agreement with a developer bacY, in the 1980's that was
binding. Anyone this developer sold the property to was bound by
this agreement. During this entire period, the land has been zoned
� FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 22, 1997 PAGE 16
R-3. The development aqreement through the City's actions and non-
actions was declared to be void because of non-performance. That
gives the City the right to resort and return to the conditions
before the time of the agreement. The City has a recorded
development agreement even though it has been declared to be non-
enforceable. The rezoning would complete the circle and take the
City back to where they were prior to this agreement. Mr. Knaak
stated it is important to emphasize that the entire purpose of this
action is not a strategy on the staff's part. What is being done
is restoring the property to what it was before the development
agreement in 1984.
Mr. Maynard Nielsen, 7144 Riverview Terrace, stated that he was the
owner of the property and would like it to remain as R-3. He would
be back with a rezoning, as he felt multiple development was best
for this property. He has had someone interested in constructing a
facility for Alzheimer's patients. The church has also expressed
an interest in this property.
MOTION by Councilwoman Bolkcom to close the public hearing.
Seconded by Councilman Barnette Upon a voice vote, all voting
aye, Mayor Jorgenson declared the motion carried unanimously and
the public hearing closed at 9•34 p.m.
� NEW BUSINESS:
11. RESOLUTION N0. 74-1997 DECLARING COST TO BE ASSESSED AND
ORDERING PREPARATION OF PROPOSED ASSESSMENT FOR LOCKE 7,RKF,
EXCAVATION PROJECT N0. 255:
Councilwoman Bolkcom stated that she requested this item be removed
from the consent agenda, as she wished to abstain from voting.
MOTION by Councilman Billings to adopt Resolution No. 74-1997.
Seconded by Councilman Schneider. Upon a voice vote, Councilman
Billings, Councilman Schneider, Councilman Barnette and Mayor
Jorgenson voted in favor of the motion. Councilwoman Bolkcom
abstained from voting on the motion. Mayor Jorgenson declared the
motion carried.
12. RESOLUTION N0. 75-1997 FOR HEARING ON PROPOSED ASSESSMENT FOR
LOCKE LAKE EXCAVATION PROJECT N0. 255:
Councilwoman Bolkcom stated that she requested this item be removed
from the consent agenda, as she wished to abstain from voting
MOTION by Councilman Billinqs to adopt Resolution No. 75-1997.
Seconded by Councilman Schneider. Upon a voice vote, Councilman
' Billings, Councilman Schneider, Councilman Barnette, and Mayor
Jorgenson voted in favor of the motion. Councilwoman Bolkcom
abstained from voting on the motion. Mayor Jorgenson dec]ared the
motion carried.
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FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 22, 1997 PAGE 17
18. ESTIMATES:
MOTION by Councilman Billings to approve the estimates, as follows:
Newquist & Ekstrum, Chartered
301 Fridley Plaza Office Suilding
6401 University Avenue hI.E.
Fridley, MN 55932
Services Rendered as City Prosecuting
Attorney for the Month of July, 1997
Hardrives, Inc.
14475 Quiram Drive
Rogers, MN 55374
Central Avenue Bikeway/Walkway
Pro�ect No. ST. 1994-9
Estimate No. 7 . . . . . . . . .
S. M. Hentges & Sons, Inc.
650 Quaker Avenue
Jordan, MN 55352
Removal & Replacement of Miscellaneous
Concrete Curb & Gutter & Sidewalk
Pro�ect No. 305
Estimate No. 3 . . . . . . . . . . .
Forest Lake Contracting
14777 Lake Drive
Forest Lake, MN 55025
I-694/TH47 N.E.
Pro�ect No. ST.
Estimate No. 1
Ramp Reconstruction
1997-3
Seconded by Councilman Schneider.
$ 14,731.50
$ 46,833.40
$ 14,201.55
$126,501.24
MOTION by Councilman B�llings to amend the above estimates by
eliminating the estimate to Hardrives, Inc. for Pro�ect No. ST.
1994-9 for the Central Avenue Hikeway/Walkway in the amount of
$46,833.40 and replacing it with the following estimate submitted
by staff: Hardrives, Inc., Central Avenue Bikeway/Walkway Pro�ect
No. ST. 1994-9, Estimate No. �, (Partial Payment), in the amount of
$20,339,79. Seconded by Councilman 5chneider. Upon a voice vote,
all voting aye, Mayor Jorgenson declared the motion carried
unanimously.
UPON A VOICE VOTE TAKEN ON THE MAIN MOTION, all voted aye, and
Mayor Jorgenson declared the motion carried unanimously.
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FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 22, 1997 PAGE 18
22. FIRST READING OF AN ORDINANCE RECODIFYING THE FRIDLEY CITY
CODED, CHAPTER 205, ENTITLED "ZONING," TO REGULATE THE
TEXT
C�ll
ZTA
Mr. Hickok, Planning Coordinator, stated that the purpose of this
ordinance is to regulate the location of pawn shops, pawn brokers,
and second hand goods dealers in certain commercial districts.
MOTION by Councilman Schneider to waive the reading and approve the
ordinance on first reading. Seconded by Councilman Barnette. Upon
a voice vote, all voting aye, Mayor Jorgenson declared the motion
carried unanimously.
23. FIRST READING OF AN ORDINANCE TO AMEND THE CITY CODE OF THE
CITY OF FRIDLEY, MINNESOTA, BY MAKING A CHANGE IN ZONING
TITCTRTI"TC /D��r�nrTrir n.�-n L.n .. .... .... ....._ __—__
Mr. Hickok, Planning Coordinator, stated that this ordinance
relates to the rezoning of property owned by Maynard Nielsen at
61st Way and East River Road. The request is to rezone the
property from R-3 to R-1.
Councilman Barnette stated that staff's memorandum indicated that
this rezoning was unanimously recommended for approval by the
Planning Commission. He pointed out that the Commission
recommended denial of this rezoning by a three to two vote.
MOTION by Councilwoman Bolkcom to waive the reading and approve the
ordinance on first reading. Seconded by Councilman Barnette. Upon
a voice vote, Councilwoman Bolkcom, Councilman Barnette, Councilman
Schneider, and Mayor Jorgenson voted in favor of the motion.
Councilman Billings voted against the motion. Mayor Jorgenson
declared the motion carried.
24. INFORMAL STATUS REPORTS:
LANDSCAPING PROJECT, COMMLINITY CENTER:
Councilwoman Bolkcom thanked everyone for their work on the
landscaping pro�ect this past Saturday at the Community Center.
She stated that there were many participants. She stated that the
landscaping looks great. Mayor Jorgenson, Councilman Billings, and
she each supervised a group of workers.
Mr. Burns, City Manager, reported
' assisted with this pro�ect, as
communities, including two seniors
McPherson of City staff was the main
patio and landscaping and deserved a
David Lindquist, Parks Supervisor,
Without their help, the pro�ect
that 41 people of all ages
well as persons from other
from Minneapolis. Michele
coordinator. She designed the
lot of credit. He stated that
was there with his crew.
would not have been this
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FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 22, 1997 PAGE 19
successful. People seemed to have fun, even w�th the hard work.
They got the �ob done.
Mr. Burns stated that those persons assisting with this pro�ect
worked from 8:30 a.m. to 4 p.m. and planted nine, six foot spruce
trees, 17 crab apple trees, and 53 shrubs. They also laid 680
yards of sod and moved 15 yards of rock.
Mayor Jorgenson stated that quite a few staff inembers also
participated in this project.
Mr. Burns stated that there were no other informal status reports.
ADJOURNMENT:
MOTION by Councilman Schneider to ad�ourn the meeting. Seconded by
Councilman Barnette. Upon a voice vote, all voting aye, Mayor
Jorgenson declared the motion carried unanimously and the Regular
Meeting of the Fridley City Council of September 22, 1997 ad�ourned
at 9:38 p.m.
Respectfully submitted,
Carole Haddad
Secretary to the City Council
Nancy J. Jorgenson
Mayor