11/08/1999 - 00000766THE MINUTES OF THE REGULAR MEETING OF THE FRIDLEY CITY COUNCIL
OF NOVEMBER 8, 1999
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: Mayor Jorgenson, Councilmember Barnette, Councilmember
Billings, Councilmember Wolfe, and Councilmember Bolkcom
MENIBERS ABSENT: None
STATEMENT OF MEETING CONDUCT:
Please be reminded that those present at today's meeting may hold a variety of views and opinions
regarding the business to be conducted. The exercise of democracy through representative local
government requires that ALL points of view be accommodated at these proceedings. It is
further expected that a standard of mutual courtesy and respectfulness be exercised by all in
attendance, through our individual expression, manner of speaking, and conduct. Therefore,
please receive the views of others with the same degree of courtesy and respect which you desire
to be given your views and opinions. Any departures from this standard will be addressed by the
Presiding Officer through whatever means are deemed appropriate. Thank you for your
attendance at today's meeting, and your agreement to abide by these standards of personal
conduct.
PROCLAMATION:
CONINIUNITY AND REGIONAL PLANNING DAY - NOVENIBER 8_ 1999
Mayor Jorgenson read the proclamation declaring November 8, 1999, as Community and
Regional Planning Day in conjunction with the worldwide celebration of World Town Planning
Day.
Mayor Jorgenson stated that the City of Fridley Community Development Department won the
NLC Award recently on putting together the "Rambler Planning Book, a Citizens Guide to
Remodeling Their Home." The National League of Cities will present the award at their
conference in California on Friday, December 3, 1999.
Mayor Jorgenson congratulated Ms. Dacy and the Community Development Department for a job
well done.
Fridley City Council Meeting
November 9, 1998
Page 2
FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 8, 1999 PAGE 2
Ms. Dacy, Director of Community Development, thanked Mayor Jorgenson.
Ms. Dacy thanked the Council for declaring November 8, 1999 as Community and Regional
Planning Day. They are beginning the Comprehensive Plan process. They have produced a
preliminary first draft and want to invite the public to an open house on Thursday, November 18,
in Meeting Rooms 1 and 2 beginning at 7:00 p.m. The City would like feedback regarding how
they are translating what was said to them a year ago into the plan today.
APPROVAL OF MINUTES:
COLJNCIL MEETING — OCTOBER 25, 1999:
MOTION by Councilmember Barnette to approve the City Council October 25, 1999 meeting
minutes as presented. Seconded by Councilmember Wolfe.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR JORGENSON DECLARED THE
MOTION CARRIED UNANIMOUSLY.
APPROVAL OF PROPOSED CONSENT AGENDA:
NEW BUSINESS:
1. RECEIVE THE PLANNING COMMISSION MEETING MINUTES OF
OCTOBER 20, 1999:
RECEIVED THE PLANNING COMMISSION MEETING MINUTES OF
OCTOBER 20, 1999.
2. SPECIAL USE PERMIT, SP #99-11, BY TED MATTKE, MATTKE
ENGINEERING, INC., FOR WAL-MART STORES, INC., FOR A PROPOSED
ADDITION TO THE OUTDOOR GARDEN CENTER, GENERALLY LOCATED
AT 8450 UNIVERSITY AVENUE N.E. (WARD 3):
Mr. Burns, City Manager, stated that this was consideration of a motion to approve a
special use permit for Wal-Mart for a proposed addition to their outdoor garden center.
Wal-Mart was seeking to expand their outdoor garden center by 4,445 square feet. While
the addition will result in the loss of twelve parking spaces, staff felt that overall, levels of
parking were adequate to handle this loss.
The Planning Commission approved the special use permit that would make this expansion
possible at their October 20 meeting.
Staff recommended Council's concurrence with the issuance of the permit subject to the
following stipulations: 1) All building permits be obtained prior to start of construction, 2)
FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 8, 1999 PAGE 3
City reserves the right to require additional parking at the code required 1/150 ratio,
should demand warrant it at any time in the future; 3) Parking islands displaced by the
expansion shall be relocation as indicated on the site plan submitted by Mattke
Engineering, dated August 13, 1999; 4) No garden sales shall occur in the parking lot; 5)
No products for sale may be displayed on the sidewalk; 6) There shall be no outside
storage of chemical fertilizers, pesticides, or herbicides; 7) Bulk items shall be screened
from the public right-of-way; 8) Proposed expansion shall be constructed of the same
materials as, and be architecturally consistent with e�sting building; and 9) SP #99-11
shall replace SP #92-07 and SP #94-14.
APPROVED SPECIAL USE PERMIT, SP #99-11.
3. RESOLUTION NO. 89-1999 APPROVING A VACATION, SAV #99-05,
VACATING A PORTION OF THE UNIVERSITY AVENUE SERVICE DRIVE
BY MARC RICE):
Mr. Burns, City Manager, stated that Marc Rice, the owner of an 18-unit apartment
complex at 6111 Star Lane, requested the vacation of a 1.03 acre portion of the University
Avenue Service Drive that dead ends at his property. Since the service drive will not be
e�tended to 61gt Avenue due to its pro�mity to University Avenue, staff recommended
approval of the request. The vacated property will be used by Marc Rice to provide
additional parking for his tenants.
The request was approved by the Planning Commission at their meeting on October 20,
1999. Staff recommended Council's concurrence with the following stipulations: 1) Staff
shall approve the design and location of garbage dumpster and recycling container
enclosure prior to Council granting the street vacation; 2) The petitioner shall enclose the
dumpster and recycling container by November 1, 2000; and 3) The petitioner shall agree
to convey any necessary easements in the area to be vacated as determined by staff.
APPROVED RESOLUTION NO. 89-1999.
4. FIRST READING OF AN ORDINANCE UNDER SECTION 12.06 OF THE CITY
CHARTER DECLARING CERTAIN REAL ESTATE TO BE SURPLUS AND
AUTHORIZING THE SALE THEROF (WARD 1):
Mr. Burns stated that this ordinance authorizes the sale of the 1.03 acre property
discussed in Item 3 to Marc Rice for $1.00. Staff recommended Council's approval.
WAIVED THE READING AND APPROVED THE ORDINANCE ON FIRST
READING.
FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 8, 1999 PAGE 4
5. APPROVE CHANGE ORDER NO. 1 TO THE LIQUOR STORE PARKING LOT
IMPROVEMENT PROJECT NO. 326:
Mr. Burns stated that when staffprepared estimates for this project, they looked at area to
be covered rather than to topography. After the contract was bid, it was discovered that
the e�sting lot drained poorly and that a lot of the e�sting asphalt had to be replaced. In
fact, the contractor, Diversified Paving, used more than twice the amount of patching
leveling mix that was in our estimate. The cost of this additional work is $10,207.70.
Staff recommended Council's approval for a change order for this amount.
APPROVED CHANGE ORDER NO. 1 TO THE LIQUOR STORE PARKING
LOT IMPROVEMENT PROJECT NO 326.
6. RESOLUTION NO. 90-1999 REQUESTING FUNDING FROM MINNESOTA
DEPARTMENT OF TRANSPORTATION FOR TRUNK HIGHWAY 65
CAUSEWAY IMPROVEMENTS FROM CENTRAL AVENUE TO 63� AVENUE
AND AGREEING TO COMPLETE THE PROJECT IF SAID FUNDING IS
PROVIDED:
Mr. Burns stated that this resolution authorizes the City to make application for funding
from MnDOT's Metro Division. The source is their FY 2001 Municipal Agreement
program for locally administered construction projects involving a trunk highway. By
authorizing the resolution, Council would be agreeing to complete the project if funding is
provided. The project would add additional north and southbound lanes on Highway 65
between Interstate 694 and a point just north of 63rd Avenue. Staff recommended
Council's approval.
APPROVED RESOLUTION NO. 90-1999.
7. RESOLUTION NO. 91-1999 AUTHORIZING AN INCREASE IN
COMPENSATION AND CHANGES IN CERTAIN BENEFITS FOR THE 2000
CALENDAR YEAR:
Mr. Burns stated that staff recommended a three percent increase in salaries and related
fringe benefits for employees not in a collective bargaining unit. This is the same increase
that is included in our year 2000 contracts for bargaining unit employees. The resolution
also includes a three percent increase in applicable automobile allowances. If approved
theses increases will take effect for work performed in 2000. Staff recommended
Council's approval.
APPROVED RESOLUTION NO. 91-1999.
8. RESOLUTION NO. 92-1999 AMENDING RESOLUTION NO. 88-1999 CALLING
FOR A SPECIAL ELECTION ON AMENDING THE FRIDLEY CITY CODE,
CHAPTER 409, ORDINANCE NO. 1130:
FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 8, 1999 PAGE 5
Mr. Burns stated that Councilmember Billings has requested that the ballot language for
the franchise fee referendum be changed to include the names of the two utilities, NSP and
Minnegasco. His intention is to make it clear that the City is applying its proposed
franchise fee to these two utilities and to no others. If approved, the ballot language will
be changed as follows:
Current language: "Shall the Fridley City Code be amended to impose a franchise fee on
all entities providing electric and gas service in accordance with the franchise agreement
entered between the City and each utility provider?"
Proposed language: "Shall the Fridley City Code be amended to impose franchise fees on
Northern States Power Company (NSP) and Minnegasco (now known as Reliant Energy)
in the manner permitted in the franchise agreement between the City of Fridley and those
two utility companies?
ADOPTED RESOLUTION NO. 92-1999.
9. APPROVE APPOIINTMENT TO APPEALS COMMISSION:
Mr. Burns stated that staff recommended the appointment of Jon M Tynjala to the
position on the City's Appeals Commission recently vacated by Terrie Mau. Mr. Tynjala
resides at 1581 Rice Creek Road in Fridley. Staffrecommended Council's approval.
APPOINTED JON M. TYNJALA TO THE POSITION ON THE APPEALS
COMMISSION.
10. CLAIMS:
AUTHORIZED PAYMENT OF CLAIM NUMBERS 90054 THROUGH 90243.
11. LICENSES:
APPROVED LICENSES AS ON FILE WITH THE LICENSE CLERK.
12. ESTIMATES:
APPROVED THE ESTIMATES AS FOLLOWS:
Frederic W. Knaak, Esq.
Holstad and Knaak, P.L.C.
3535 Vadnais Center Drive
St. Paul, MN 55110
Services rendered as City Attorney
FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 8, 1999 PAGE 6
for the Month of October, 1999
Park Construction Co.
7900 Beech Street N.E.
Minneapolis, MN 55432-1795
Riverview Heights Area Improvement
Project No. ST. 1999-1
Estimate No. 7
Diversified Paving, Inc.
8019-146t'` Avenue N.W.
Ramsey, MN 55303
Municipal Liquor Store Parking Lot
Improvement Project No. 326
Estimate No. 1
Ron Kassa Construction
6005-250t'` East
Elko, MN 55020
Miscellaneous Concrete Curb
Gutter and Sidewalk
Project Number 322
Estimate No. 7
Lund Martin Construction, Inc.
3023 Randolph Street N.E.
Minneapolis NIN 55418
Liquor Store Project
Estimate No. 2
Carl J. Newquist, Esq.
Newquist & Ekstrom Chartered
301 Fridley Plaza Office Building
6401 University Avenue, N.E.
Fridley, MN 55432
Services Rendered as City
Prosecuting Attorney for the
Month of August, 1999
$ 5,000.00
$384,582.56
$ 43,067.28
$ 7,089.52
$278,820.00
$ 18,054.40
Mayor Jorgenson asked if there were any questions from the public on any of the consent agenda
FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 8, 1999 PAGE 7
items.
No persons in the audience spoke regarding the proposed consent agenda items.
Councilmember Bolkcom asked if the project on Highway 65 was approved, if the neighbors
would still have an opportunity to have input. Council is only approving implementing the plan,
but the plan has yet to be clarified.
Mr. Burns states that this was an attempt to get metropolitan MnDOT funding for the project.
Mayor 7orgenson asked if they specifically names NSP, and in the event of electric deregulation,
would that limit the ability to collect franchise fees on electric meters that did not belong to NSP.
Mr. Knaak, City Attorney, stated that it would not.
MOTION by Councilmember Barnette to approve the consent agenda. Seconded by
Councilmember Wolfe.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR JORGENSON DECLARED THE
MOTION CARRIED UNANIMOUSLY.
ADOPTION OF AGENDA:
MOTION by Councilmember Bolkcom to adopt the agenda with the addition of the following
item: Receive Bids and Award Contract for the Fridley Liquor Store Sign. Seconded by
Councilmember Wolfe.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR JORGENSON DECLARED THE
MOTION CARRIED UNANIMOUSLY.
12a. RECEIVE BIDS AND AWARD CONTRACT FOR THE FRIDLEY LIQUOR
STORE SIGN:
Mr. Burns stated that this was consideration of a motion to receive the bids and award the
contract for the installation of signs at the new Fridley liquor store on 57t'` Avenue.
Bids were opened on Friday, November 5, 1999, for a back lit canopy sign for the new liquor
store. The sign would begin on the east side of the building and wrap around to the north side.
The following bids were received: Nordquist Signs in the amount of $32,000 and Signcrafters in
the amount of $36,000.
Mr. Pribyl, Finance Director, stated that as construction of the liquor store occurred, staff
proceeded to modify some of the building components on the outside to accept a back lit canopy
that would run from the east side of the building wrapping around to the north side. Because of
those changes, the cost of the sign was pushed over $25,000, which caused staff to design
specifications and request bids on the project.
FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 8, 1999 PAGE 8
Mr. Pribyl stated that staff recommended awarding the contract to Nordquist Signs at a cost of
$32,000. The cost would include the back lit canopy, which has more visual representation from
I-694 and also from 57t'` Avenue. The light would then cast down onto the sidewalk all the way
around the corner with a bright light to make it safer. Nordquist Signs promised to provide a
temporary plastic sign before completion of the canopy sign. The temporary sign complies with
the City's sign code.
Councilmember Wolfe asked for clarification of the back lit canopy.
Mr. Pribyl said that the back lit canopy would go all the way down to just over the doors where it
is painted on both the north and east side.
Mayor Jorgenson asked Mr. Pribyl to clarify why the City would be spending so much money on
the liquor store.
Mr. Pribyl stated that the money would not come out of the General Fund. The money would
come from the Liquor Fund.
Mr. Burns stated that the Liquor Fund has become a source of revenue for the general operation
of the City. He indicated that the Liquor Fund provided $140,000 in 1998 and $170,000 in 1999.
They project $200,000 will be provided from the Liquor Fund in the year 2000.
Councilmember Bolkcom stated that they transferred some of those funds for the Community
Center.
MOTION by Councilmember Bolkcom to award the contract for the Fridley Liquor store sign to
Nordquist Signs. Seconded by Councilmember Barnette.
UPON A VOICE VOITE, ALL VOTING AYE, MAYOR JORGENSON DECLARED
THE MOTION CARRIED UNANIMOUSLY.
OPEN FORUM, VISITORS:
Mayor Jorgenson stated that this was time for consideration of items not on the agenda.
Mr. Bob Boswell, 1564 69t'` Avenue N.E., stated that he is a resident of the Rice Creek
Townhouses. He asked the City to review Parking Ordinance 506. A notice was displayed on the
vehicles in his neighborhood which stated that residents are not allowed to park on the streets
between 2:00 a.m. and 6:00 a.m. from November 1 through May 1 due to snow removal.
Mr. Boswell stated that there are three adults with three vehicles in his townhome. The parking
available for them is one parking spot and only one garage. Many people rely on the street. He
did not find a terrible problem with the snow removal last winter. He said 69t'` Avenue is a fairly
wide street. The residents do not have any alternatives. There are no other parking spots
FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 8, 1999 PAGE 9
provided. All of the curb within the parking lot is considered a fire lane. Perhaps a compromise
could be made where they could park on one side of the street overnight and have their cars
removed by 8:00 a.m. the following morning.
FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 8, 1999 PAGE 10
Mayor 7orgenson thanked Mr. Boswell for coming to the meeting. Within any snow plow period
when the City has to plow, all of the streets are plowed within 24 hours from curb to curb. They
have been looking at this ordinance closely, but the majority of parking lots and buildings in
Fridley were built in the 1960's when families usually only had one car. This measure the City
takes is more cost effective. They do not have to keep going back to finish plowing day after day
and try to get it done within 24 hours. Staff has been talking about the possibility of looking at
the configuration of parking lots. There may be a way to use the green space around the parking
lot for parking. Rice Creek Townhouses has a big field nearby there so that may work.
Mr. Boswell stated that they had short notice on this ordinance receiving it on October 29.
Mayor Jorgenson stated that the ordinance was published in Focus News. The first reading was
in May of this year. The second reading was on June 24. The City does not mail out a specific
piece of literature to every organization. They try to work with the property owners to give their
tenants more notice. The City does not want to write tickets for every car that is in the way. It is
not cost effective for anyone. The City is exploring various ways to hopefully avoid this problem.
Ticketing is not to begin until January.
Mr. Boswell stated that he wanted to submit a petition that he and his roommates have collected
opposing this ordinance. There are about si�y signatures.
Councilmember Bolkcom stated that a letter was recently sent to landlords stating that they need
to work on letting their tenants know about this ordinance. This is a big safety issue. She
receives a lot of calls regarding the problem of snow being left around cars that were in the way.
This ordinance also states that contractors cannot haul the snow into the streets after the City
plows the streets.
Mayor Jorgenson stated that, hopefully, they could come up with some temporary measures to
help them get through this year which will enable them to come up with some proactive ways to
work on this issue.
Mayor Jorgenson thanked Mr. Boswell for his time.
MOTION by Councilmember Wolfe to accept the petition. Seconded by Councilmember
Barnette.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR JORGENSON DECLARED THE
MOTION CARRIED UNANIMOUSLY.
Councilmember Barnette stated that he would like to offer condolences to a family of a long-time
resident of Fridley and a retired Fridley police officer. Sergeant Tom Kennedy, who passed away
the past weekend. Services will be held Tuesday, November 9 at 11:00 a.m. Mr. Kennedy served
faithfully as a police officer for many years and was a good man. Council offered condolences to
Mrs. Shirley Kennedy, his wife, and to their children who all were students at Fridley High
School.
FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 8, 1999 PAGE 11
Mayor 7orgenson stated that there were a number of high school students present who are
working on their Community Awareness Certificates. The students names are as follows:
Matthew Peterson, Spring Lake Park High School.
Kristin Henke, Spring Lake Park High School.
Peter Bruhjell, Spring Lake Park High School.
George LaBreche, Spring Lake Park High School.
Mayor Jorgenson stated that if the students are interested in participating in the Youth
Commission in the City of Fridley they can call Dr. Burns at 572-3506.
NEW BUSINESS:
INFORMAL STATUS REPORTS:
Mr. Burns, City Manager, stated that they had a building inspection report in the packets. He
thinks the total for October of 1999 represents the highest amount of new construction in
Fridley's history. That total was $43,317,026.
Councilmember Bolkcom stated that Wednesday, November 10, 1999, from 6:30 to 8:30 p.m.
MnDOT will be at the Municipal Center to show plans and have discussion for the neighborhood
from 44t'` Avenue to I-694 on noise sound barriers. The meeting will be held on the lower level.
If anyone has any questions they can call John Flora at 572-3550.
Mayor Jorgenson stated that on Thursday, November 18, the Planning Commission meeting will
be conducted regarding the Comprehensive Plan at 7:00 p.m. also on the lower level of the
Municipal Center.
Ms. Dacy, Director of Community Development, stated that Saturday, November 13 is recycling
drop-off day and a unique feature has been added. The drop-off site is at 350 71st Avenue and
will be held from 9:00 a.m. to 3:00 p.m. There is a coupon in the recycling brochure that allows
residents to dispose of up to three electrical items free.
ADJOURNMENT:
MOTION by Councilmember Bolkcom to adjourn the November 8, 1999 City Council Meeting at
8:20 p.m. Seconded by Councilmember Wolfe.
UPON A VOICE VOTE, ALL MEMBERS VOTING AYE, MAYOR JORGENSON
DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE MEETING WAS
ADJOURNED AT 8:20 P.M.
Respectfully submitted,
FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 8, 1999 PAGE 12
Signe L. Johnson Nancy J. Jorgenson
Recording Secretary Mayor