06/28/1999 - 00000589THE MINUTES OF THE REGULAR MEETING OF THE FRIDLEY CITY COUNCII, OF
JUNE 28, 1999
The Regular Meeting of the Fridley City Council was called to order by Mayor 7orgenson at 730 p.m.
PLEDGE OF ALLEGIANCE:
Mayor 7orgenson led the Council and audience in the Pledge of Allegiance to the Flag.
ROLL CALL:
MEMBERS PRESENT: Mayor Jorgenson, Councilmember Barnette, Councilmember
Billings, Councilmember Wolfe, and Councilmember Bolkcom
MENIBERS ABSENT: None
PRESENTATION:
Introduction of Students from Fourmies, France
Mayor Jorgenson introduced Ms. Diane Ferry, Fridley High School French teacher and coordinator for
seventeen students visiting from Fridley's Sister City, Fourmies, France. Mayor 7orgenson also
introduced Mr. Michel Marteau, Fourmies' coordinator.
Ms. Ferry explained how the group was celebrating the 20r'' year anniversary of the two cities being
Sister Cities. Mr. Marteau was also visiting on behalf of a student exchange program.
Ms. Ferry introduced each student as Mr. George Arnold, VFW Commander, presented a gift to each
student.
Ms. Ferry also introduced the host families for each of the students.
Mr. Marteau expressed his thanks and gratitude toward the City of Fridley for the opportunity of the
student exchange program.
Mayor 7orgenson thanked all students and families for participating in the program and for attending
the meeting.
APPROVAL OF MINUTES:
City Council Meetin� Minutes of June 14, 1999
The minutes of the City Council meeting of 7une 14,1999 were not available in writing for approval.
FRIDLEY CITY COUNCII, MINUTES OF J[TNE 28, 1999 PAGE 2
APPROVAL OF PROPOSED CONSENT AGENDA:
OLD BUSINESS:
1. ORDINANCE NO. 1129 TO AMEND THE CITY CODE OF THE CITY OF
FRIDLEY, MINNESOTA, BY MAKING A CHANGE IN ZONING DISTRICTS
(REZONING REQUEST, ZOA #99-02, BY THE CITY OF FRIDLEY, FOR
PROPERTY GENERALLY LOCATED AT 7411 UNIVERSITY AVENUE N.E.)
ARD 1
Mr. Burns, City Manager, explained that the property has been zoned R-2 since the early
1960's. A court settlement in 1970 allowed R-3 standards to be applied. This legislation was
essentially a housekeeping item designed to bring the actual zoning into compliance with the
requirements of the court. Staff recommended Council's approval of the second and final
reading of this legislation.
WAIVED THE SECOND READING AND ADOPTED ORDINANCE NO. 1129 AND
ORDERED PUBLICATION.
NEW BUSINESS:
2. RESOLUTION NO. 41-1999 REQUESTING EXTENSION OF THE DUE DATE TO
DECEMBER 31, 1999, FOR REVIEW OF THE CITY OF FRIDLEY'S
COMPREHENSIVE PLAN FOR CONSISTENCY WITH AMENDED
METROPOLITAN COUNCII, POLICY PLANS:
Mr. Burns, City Manager, explained that this resolution asks the Metropolitan Council to give
us until the end of 1999 to submit our Comprehensive Plan amendments. Staff recommended
Council's approval.
ADOPTED RESOLUTION NO. 41-1999.
3. RESOLUTION NO. 42-1999 APPROVING AN ABATEMENT OF A SPECIAL
ASSESSMENT FOR LANCE AND TONJA KONZE, 6775 EAST R1VER ROAD
ARD 3
Mr. Burns, City Manager, explained that this resolution would approve an abatement of a
special assessment for Lance and Tonja Konze. On October 28,1996, the City assessed the
property at 6775 East River Road for costs associated with construction of the Locke Lake
Dam. Mr. Konze paid the balance of the assessment on February 12, 1997. The City
inadvertently assigned the payment to the incorrect parcel number when reporting it to the
County. The resolution abates the taxes and enables the Konzes to get a refund for taxes they
FRIDLEY CITY COUNCII, MINUTES OF J[TNE 28, 1999 PAGE 3
paid in 1998 and 1999. On behalf of the City, Mr. Burns apologized to the Konzes for the
error and recommend approval of this resolution.
ADOPTED RESOLUTION NO. 42-1999.
4. RESOLUTION NO. 43-1999 AUTHORIZING CHANGES IN APPROPRIATIONS
FOR THE GENERAL FUND, SPECIAL REVENUE FUNDS AND CAPTIAL
IMPROVEMENT FUND FOR THE FOURTH QUARTER OF 1998:
Mr. Burns, City Manager, explained that this resolution-would authorize changes in
appropriations for various City funds. The adjustments are for the final quarter of 1998. They
are for the General Fund, the Special Revenue Funds and the Capital Improvements Fund. The
changes reflect unforeseen expenditures and revenues, including donations. Staff
recommended Council approval of the adjustment contained on pages ten through twelve of
the agenda book.
ADOPTED RESOLUTION NO. 43-1999.
5. RESOLUTION NO. 44-1999 PROVIDING FOR THE ISSUANCE AND SALE OF
SENIOR HOUSING REVENUE BONDS, TO PROVIDE FUNDS FOR A SENIOR
HOUSING PROJECT, ON BEHALF OF MINNESOTA CHRISTIAN HOMES OF
FRIDLEY, INC.:
Mr. Burns, City Manager, explained that the City was asked to be a conduit for the issuance of
$9,700,000 in senior housing revenue bonds. The bonds are for the `Banfill Crossing Homes
Project," formerly known as Noah's Ark A public hearing on the financing was held 7uly 14,
1997. At that time, it was stated that the City would have no financial responsibility for the
repayment of these bonds. The City would also be compensated by the project for costs of
bond counsel and any other costs incurred in issuing these bonds. Since the matter has been
reviewed and approved by the City Attorney and since this project provides 110 units of badly
needed senior housing in Fridley, staff recommended Council's approval of this bond issue.
ADOPTED RESOLUTION NO. 43-1999.
6. MOTION TO APPROVE THE PURCHASE OF TWO GENERATORS (FOR 73 1/2
AVENUE FII,TER PLANT AND 53RD AVENUE BOOSTER STATION):
AND
FRIDLEY CITY COUNCII, MINUTES OF J[TNE 28, 1999 PAGE 4
RESOLUTION NO. 45-1999 AUTHORIZING CHANGES IN APPROPRIATIONS
FOR THE GENERAL FUND AND THE CAPITAL IMPROVEMENT FUND:
Mr. Burns, City Manager, explained that there were several unbudgeted expenditures in
preparation for the year 2000 (Y2K). Earlier this year, Council was requested to approve the
purchase of s� generators for the sewage lift stations at a cost of $33,000. At the present time,
Council was being asked to approve the expenditure of $80,450 for generators that would
enable the City to operate the new filter plant and booster station on Highway 65 and 53rd
Avenue, in the event that the City is without power at some future date. Staff recommended
Council's approval of these expenditures.
Mr. Burns also explained that the City was requesting that Council approve a supplemental
appropriation for the purchase of several other Y2K items. These items include $19,500 for a
generator hookup at the FCC, $3,600 for forty additional stop signs, and $5,500 for
supplemental insurance. The total supplemental appropriation is $28,600. Staffrecommended
Council's approval.
7. CLAIMS:
APPROVED PAYMENT OF CLAIM NUMBERS 87664 THROUGH 87913.
8. LICENSES:
APPROVED LICENSES AS SUBMITTED.
9. ESTIMATES:
Ron Kassa Construction
6005 — 250th Street East
Elko, MN 55020
1999 Miscellaneous Concrete Curb and Gutter
and Sidewalk Project No. 322
Estimate No. 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,414.46
Forest Lake Contracting
14777 Lake Drive
Forest Lake, MN 55025
57th Avenue Reconstruction
Project No. ST. 1997 — 4
FINAL ESTIlVIATE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 58,334.87
FRIDLEY CITY COUNCII, MINUTES OF J[TNE 28, 1999 PAGE 5
No persons in the audience spoke regarding the proposed consent agenda.
MOTION by Councilmember Barnette to approve the consent agenda items. Seconded by
Councilmember Wolfe.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR JORGENSON DECLARED THE
MOTION CARRIED UNANIMOUSLY.
ADOPTION OF AGENDA:
MOTION made by Councilmember Billings to approve the adoption of the agenda. Seconded by
Councilmember Bolkcom.
UPON A VOICE VOTE, ALL MEMBERS VOTING AYE, MAYOR JORGENSON
DECLARED THE MOTION CARRIED UNANIMOUSLY.
OPEN FORUM VISITORS:
Mayor 7orgenson invited members of the public to come forward to address any items not on the
agenda.
Mr. Dan Hetman, 230 Craigbrook Way, explained that he was there on behalf of the neighborhood
regarding the seven remaining Pearson-Craig Way Estate signs located at various boundaries to the
neighborhood along East River Road. He presented a petition to save the signs and summarized the
series of events that led to this petition. He stated that 74 out of 76 residents signed the petition
regarding the signs. On 7une 24 he received a letter from the City signed by William A. Champa,
Management Assistant. The letter stated that not all but several signs in the area would be removed.
The letter stated that Mark Daly from the Anoka County Highway Department, informed the City that
all signs would be removed. That meant all signs that were not in a construction area would be
removed.
Mr. Hetman said he typed a petition that stated the residents wanted either the City or the county to
replace the signs. Mr. Hetman stated that by Thursday 7une 24 every resident he approached signed
the petition for a total of 36 signatures. That evening Councilmember Bolkcom returned his telephone
call. They discussed the petition, and Councilmember Bolkcom offered to make some telephone calls.
7une 25 Mr. Hetman received a letter from the County signed by Mark Daly. The letter was dated
June 23 and stated that tree removal would begin June 21. Mr. Hetman stated that there were s�
remaining signs. He stated that the signs are their neighborhood property and identity. He stated that
the majority of residents were never informed about all of the aspects of this construction. He stated
that in the final analysis if nothing was done about the signs what has gone on through this construction
project was nothing short of legalized vandalism conducted by Anoka County and condoned by the
City of Fridley. He thanked Council for their time.
FRIDLEY CITY COUNCII, MINUTES OF J[TNE 28, 1999 PAGE 6
MOTION by Mayor 7orgenson to receive the petition given by Mr. Hetzman regarding the signs in
their neighborhood. Seconded by Councilmember Barnette.
UPON A VOICE VOTE, ALL MEMBERS VOTING AYE, MAYOR JORGENSON
DECLARED THE MOTION CARRIED UNANIMOUSLY.
Councilmember Bolkcom stated that she would like to respond. She stated that she told Mr. Hetman
previously on the telephone that how she found out the signs would be removed was by jogging in the
neighborhood. A woman stopped her and asked her if the signs could be taken down because she
thought they were in disrepair. Councilmember Bolkcom then electronically mailed a memorandum
about the signs that same evening to the City Manager. The City Manager responded by saying that
the County planned to remove most of them because they were in the right-of-way or would interfere
with the construction. Councilmember Bolkcom then asked the City Manager how much the signs
would cost. He responded that they were around $1,500 to $2,000, and the County indicated that they
would not pay for the signs.
Councilmember Bolkcom stated that she thought since it was a county project with the Minnesota
Department of Transportation coordinating the whole project, the residents should ask the county to
hold a hearing with the county commissioner and coordinate something with Mr. Daly.
Mr. Burns stated that there were seven signs altogether with all of them located on county property.
Mr. Hetman agreed to be the contact person regarding this issue.
Mayor 7orgenson confirmed that Council would begin work on the issue and arrange meetings to see
what they could do.
Ms. Mary Martin, 133 Stonybrook Way, had a question regarding the county land bordering her
boundary. She would like someone to check to see if it is City land or county land.
Councilmember Bolkcom confirmed that Council needed to check on legal issues, where the signs are,
and if they are in the right-of-way.
Mr. Lenny Brandt, 190 Craigbrook Way, said he thought the signs were on private property. He
wanted verification of the County's plans regarding legal issues with the signs.
Ms. Karen Engler, 104 Craig Way, said she was unaware that one of the e�ts to her street would be
closed. She said she would appreciate prior notification. She did not realize that the East River Road
project would include her street.
Mayor Jorgenson stated that the County Commissioner would be contacted the ne�t day.
PUBLIC HEARINGS:
FRIDLEY CITY COUNCII, MINUTES OF J[TNE 28, 1999 PAGE 7
10. APPLICATION TO THE DEPARTMENT OF COMMERCE BY PAWN AMERICA,
L.L.C., TO OPERATE AS A CURRENCY EXCHANGE COMPANY:
MOTION by Councilmember Billings to open the public hearing at 830 p.m. Seconded by
Councilmember Barnette.
UPON A VOICE VOTE, ALL MEMBERS VOTING AYE, MAYOR JORGENSON
DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE PUBLIC HEARING
WAS OPENED AT 8:30 P.M.
Scott Hickok, Planning Coordinator, explained that this was an information hearing only. He said that
this was a request by Pawn America located at 1031 East Moore Lake Drive to have a currency
exchange operation within the e�sting facility. According to Minnesota State Statute 53-A.04(a) the
City is required to hold a public hearing. The State would accept all comments that the City presents
as part of the public hearing. Mr. Hickok also noted that it would not be allowable to deny this request
being that this was a use that was not prohibited in the zoning district where it was proposed so the
City could not say the zoning was incorrect. There was no space expansion. It was within the confines
of the building.
Mr. Andy Lee, petitioner, was present to answer any questions the council might have.
Councilmember Billings asked Mr. Lee if the two other names attached to the Articles of Organization
of the Limited Liability Corporation were currently partners in the operation.
NIr. Lee confirmed that they were family members and were further down the chain of ownership but
he was not sure of their ownership.
Councilmember Billings had a question regarding specifically who owns what percent of Pawn
America.
Mr. Lee said he was not sure and did not want to misspeak. He said he would follow up on that.
Councilmember Billings stated that due to the si�ty-day nature of the State statute there was no time to
follow-up.
Mr. Lee stated that he could submit it in writing tomorrow.
Councilmember Billings stated that it would take time to take action on it in terms of recommending
approval or denial for the state. Councilmember Billings' complaint was with the State of Minnesota
for providing such a sloppy application and expecting Council to take action within a certain time
period when Council does not have authority to take any action.
FRIDLEY CITY COUNCII, MINUTES OF J[TNE 28, 1999 PAGE 8
Mr. Lee presumed that the application was correct. He did not have it in front of him, so he did not
want to misspeak. He stated that he knew the City reviewed it carefully.
Mr. Lee stated that he did not have specific information about the exact process of how the check
cashing process would work, but he knew Pawn America held the items for at least two days.
Councilmember Bolkcom stated that the statute only allows for a public hearing with no jurisdiction.
Mr. Knaak confirmed that the state statute allowed for jurisdiction to hold a public hearing for
verification. He believed that a public hearing was a prerequisite for approval so if you were to delay
the public hearing in effect you could also delay the approval.
Councilmember Bolkcom asked David Sallman, Public Safety Director, to answer the question of the
issue of safety pertaining to check cashing causing more crime.
Mr. Sallman stated that he really did not have the information he needed to answer the question. He
received the application last week and had not had time to review it.
Councilmember Bolkcom stated that she thought it would increase police time with bad checks.
Mayor Jorgenson stated that she had concerns not so much with the check cashing but with the pawn
shop and people bringing in what may not be their property, being paid by check from Pawn America,
and then cashing Pawn America's check.
Mr. Lee stated he understood that the statistics on stolen material for pawnshops was e�tremely low.
He stated that the business is highly regulated.
Councilmember Wolfe had concerns about the negative perception about the pawnshop and the check
cashing right ne� door to each other.
Mr. Lee stated that it is Pawn America's money that would be at risk which increases their willingness
to verify the pawn transaction and check cashing transaction.
Councilmember Barnette noted that Council had no basis for disapproval.
Councilmember Billings noted how there was insufficient information to make a determination. If
Council disapproves it, the sole responsibility for defending that action in court falls onto City of
Fridley, and State of Minnesota takes no responsibility for the action of defending the action of the City
of Fridley. Councilmember Billings noted his displeasure with the State statute regarding this
application.
Mr. Hickok stated that in the review of this issue staff was very frustrated to come to Council with a
lack of knowledge and a recommendation of an issue especially when they know Council likes to make
FRIDLEY CITY COUNCII, MINUTES OF J[TNE 28, 1999 PAGE 9
informed decisions. Mr. Hickok took full responsibility and apologized for not coming to Council
earlier. He did not have the information they needed.
Ms. Dacy, Director of Community Development, stated that she would accept the responsibility for not
bringing this to Council's attention earlier.
There were no questions or comments from the public.
MOTION by Councilmember Billings to close the public hearing at 9:05 p.m. Seconded by
Councilmember Bolkcom.
UPON A VOICE VOTE, ALL MEMBERS VOTING AYE, MAYOR JORGENSON
DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE PUBLIC HEARING
WAS CLOSED AT 9:05 P.M.
MOTION by Councilmember Billings to direct the City Attorney to write a letter to the Minnesota
Department of Commerce stating Council's frustrations with the State statute indicating the statute
makes no provisions for approval or disapproval, that Council resents having to spend money to hold a
public hearing and the application was confusing. He also wanted the letter to indicate that it was the
viewpoint of the Council that the Minnesota Department of Commerce had apparently sent an
incomplete application; and therefore, denied Council an opportunity to fully evaluate the application.
Seconded by Councilmember Bolkcom.
UPON A VOICE VOTE, ALL MEMBERS VOTING AYE, MAYOR JORGENSON
DECLARED THE MOTION CARRIED UNANIMOUSLY.
OLD BUSINESS:
1L MOTION TO APPROVE LEASE BETWEEN THE CITY OF FRIDLEY AND
LYNDALE TERMINAL COMPANY FOR THE FRIDLEY LIQUOR WAREHOUSE
STORE (WARD 3) (TABLED JUNE 14,1999):
Mr. Richard Pribyl, Finance Director, spoke regarding issues of the lease between the City and Lyndale
Terminal Company for the Fridley Liquor Warehouse Store. NIr. Pribyl also spoke regarding issues
with Stuart Anderson's Cattle Company parking lot.
Mr. Pribyl explained that it was anticipated that the City could become the number one municipal off-
sale retailers in the state. The liquor store would also benefit the City by reducing property taxes.
Mayor 7orgenson asked if all of the construction costs would be paid for out of the liquor fund.
Mr. Pribyl confirmed that the liquor fund would pay for the construction costs.
FRIDLEY CITY COUNCII, MINUTES OF J[TNE 28, 1999 PAGE 10
MOTION by Councilmember Bolkcom to approve the lease between the City of Fridley and Lyndale
Terminal Company for the Fridley Liquor Warehouse Store. Seconded by Council-member Billings.
UPON A VOICE VOTE, ALL MEMBERS VOTING AYE, MAYOR JORGENSON
DELCARED THE MOTION CARRIED UNANIMOUSLY.
NEW BUSINESS:
12. RESOLUTION NO. 46-1999 OPPOSING THE PROPOSED SPEED LIMIT
INCREASE BY THE MINNESOTA DEPARTMENT OF TRANSPORTATION ON
TRUNK HIGHWAY 47 FROM 68TH AVENUE N.E. TO 45TH AVENUE N.E.:
MOTION by Councilmember Billings to approve Resolution No. 46-1999. Seconded by
Councilmember Bolkcom.
UPON A VOICE VOTE, ALL MEMBERS VOTING AYE, MAYOR JORGENSON
DECLARED THE MOTION CARRIED UNANIMOUSLY.
13. INFORMAL STATUS REPORTS:
Councilmember Bolkcom summarized some of the events of the Fridley `49er Days and the events that
took place at Columbia Arena. She also stated that she now has a better appreciation for all of the
City's firefighters and rescue workers.
Councilmember Barnette commented on how well the all-class high school reunion went. He
commended Mr. Chuck McKusick for all he did for the Upper Midwest Auto E�trication Competition.
He also thanked everyone involved in the success of all of the events.
Mayor 7orgenson commented on how well the horseshoe tournament went.
Councilmembers discussed how well the wrestling event went also.
ADJOURN:
MOTION by Councilmember Billings to adjourn the meeting at 930 p.m. Seconded by
Councilmember Barnette.
UPON A VOICE VOTE, ALL MEMBERS VOTING AYE, MAYOR JORGENSON
DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE J[TNE 28, 1999
MEETING OF THE CITY COUNCII, WAS ADJOURNED AT 9:30 P.M.
Respectfully submitted,
FRIDLEY CITY COUNCII, MINUTES OF J[TNE 28, 1999 PAGE 11
Signe L. Johnson Nancy J. Jorgenson
Recording Secretary Mayor