08/13/2001 - 00009568THE MINUTES OF THE REGULAR MEETING OF THE FRIDLEY CITY COUNCIL
OF AUGUST 13, 2001
The Regular Meeting of the Fridley City Council was called to order by Mayor Lund at 7:30
p.m.
PLEDGE OF ALLEGIANCE:
Mayor Lund led the Council and audience in the Pledge of Allegiance to the Flag.
ROLL CALL:
MEMBERS PRESENT: Mayor Lund, Councilmember Barnette, Councilmember Bolkcom,
Councilmember Billings, and Councilmember Wolfe.
MEMBERS ABSENT: None.
PRESENTATIONS:
Fridley `49er Days Royalty/Recognition of Diane Hershey
Mr. Chuck McKusick, President of the Fridley `49er Days, stated that Alexa Skirka is the new
Queen, and Marissa Olson and Heather Gliadon are the princesses. He stated that Ms. Diane
Hershey has been outstanding in all of her support of the activities through the years and has
remained dedicated even though she has moved out of the community.
Mayor Lund presented Ms. Hershey with a bouquet of flowers and thanked her for all of her help
through the years, in particular with the pageant.
Ms. Hershey thanked everyone and stated it was quite an honor to come back to Fridley to help
out with the festivities.
Values First Community Circles Program
Loralean Jordan, Program Director, and Jermaine Davis, Program Facilitator, stated that the goal
of the Community Circles Program is to bridge the communities of Fridley, Columbia Heights,
and Hilltop. One of its purposes is to create some dialogue among neighbors and residents to
address social issues, discriminations, and prejudices to help make our communities safer.
Residents are invited to register for the Community Circle Conversation sessions which will be
held on September 6, 11, 18, and 25, from 7:00 p.m. to 9:00 p.m. For additional information
please call the Community Circle Conversation's office at 763-528-4513 and speak with
Jermaine Davis.
Councilmember Bolkcom asked what the deadline for registration was.
Mr. Davis stated that it was August 21.
FRIDLEY CITY COUNCIL MEETING OF AUGUST 13, 2001 PAGE 2
Mayor Lund asked where the meetings would be held.
Ms. Jordan stated that they would be held at the Columbia Heights Family Center which is
connected to the Senior High School.
APPROVAL OF PROPOSED CONSENT AGENDA:
Councilmember Barnette stated that he would like Item Nos. 1 and 11 removed to the regular
agenda for further discussion.
Councilmember Bolkcom stated that she would like Item No. 6 removed for further discussion.
MOTION by Councilmember Barnette to approve the Proposed Consent Agenda as amended
with Item Nos. 1 and 6 placed after Open Forum and Item No. 11 after Item No. 22 of New
Business. Seconded by Councilmember Wolfe.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
APPROVAL OF MINUTES: City Council Meeting of July 13, 2001.
APPROVED.
OLD BUSINESS:
1. SECOND READING OF AN ORDINANCE AMENDING CHAPTER 402 OF THE
FRIDLEY CITY CODE PERTAINING TO WATER AND SEWER
ADMINISTRATION - REPAIRS TO CONNECTION:
Mr. Burns, City Manager, stated that the ordinance change clarifies that it is the property
owner's responsibility to remove roots and other debris from all portions of the sewer
service. Staff recommend. Council's approval.
THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA FOR
FURTHER DISCUSSION.
NEW BUSINESS:
2. RECEIVE THE PLANNING COMMISSION MINUTES OF JULY 18, 2001:
RECEIVED THE PLANNING COMMISSION MEETING MINUTES OF JULY
18, 2001.
FRIDLEY CITY COUNCIL MEETING OF AUGUST 13, 2001 PAGE 3
3. RESOLUTION NO. 36-2001 TO VACATE EASEMENTS FOUND ON THE
ORIGINAL HEATHER HILLS ADDITION AND RECREATE THE
EASEMENTS ON THE HEATHER HILLS NORTH 2 PLAT, GENERALLY
LOCATED AT 6201 - 6209 HEATHER PLACE N.E.:
Mr. Burns, City Manager, stated that this is a matter of vacating the easements for a four-
lot plat and establishing them for the newly defined five-lot plat. Staff recommended
Council's approval.
ADOPTED RESOLUTION 36-2001.
4. RESOLUTION NO. 37-2001 APPROVING A PLAT, P.S. #01-02, (HEATHER
HILLS NORTH PLAT 2), BY GEORGE BATESON, TO REPLAT PROPERTY
FOR THE PURPOSE OF CREATING LOTS TO ALLOW CONSTRUCTION OF
NEW SINGLE FAMILY HOMES, GENERALLY LOCATED AT 6217 CENTRAL
AVENUE N.E. (WARD 2):
Mr. Burns, City Manager, stated that the preliminary plat was approved in May. Staff
recommended Council's approval with five stipulations.
ADOPTED RESOLUTION NO. 37-2001 WITH THE FOLLOWING
STIPULATIONS: 1. GRADING AND DRAINAGE PLAN TO BE APPROVED BY
CITY'S ENGINEERING STAFF PRIOR TO THE ISSUANCE OF BUILDING
PERMITS, IN ORDER TO MINIMIZE IMPACTS TO THE SURROUNDING
PROPERTIES; 2. PETITIONER SHALL PROVIDE EASEMENTS AS SHOWN
ON PRELIMINARY PLAT DRAWING; 3. DURING CONSTRUCTION, SILT
FENCING SHALL BE USED WHERE APPLICABLE; 4. PETITIONER TO PAY
REQUIRED PARK DEDICATION FEES PRIOR TO ISSUANCE OF BUILDING
PERMITS; AND 5. PETITIONER TO PAY ALL WATER AND SEWER
CONNECTION FEES.
5. SPECIAL USE PERMIT REQUEST, SP #01-06, BY DWAYNE AND DON
MYRVOLD, FOR A SECOND ACCESSORY STRUCTURE (GARAGE) FOR
THE PURPOSE OF VEHICLE PARKING AND STORAGE, GENERALLY
LOCATED AT 554 JANESVILLE STREET N.E. (WARD 3):
Mr. Burns, City Manager, stated that the petitioners are seeking a special use permit to
construct a 864 square foot accessory building. Staff recommended Council's approval
with seven stipulations.
APPROVED SPECIAL USE PERMIT, SP #01-06 WITH THE FOLLOWING
STIPULATIONS: 1. PETITIONER SHALL INSTALL CODE-REQUIRED HARD
SURFACE DRIVEWAY WITHIN 12 MONTHS OF ISSUANCE OF THE
BUILDING PERMIT; 2. ALL NECESSARY PERMITS SHALL BE OBTAINED
FROM THE CITY PRIOR TO CONSTRUCTION; 3. THE STRUCTURE SHALL
NOT BE USED FOR A HOME OCCUPATION; 4. ALL VEHICLES SHALL BE
FRIDLEY CITY COUNCIL MEETING OF AUGUST 13, 2001 PAGE 4
STORED ON A HARD SURFACE AS APPROVED BY THE CITY; 5. TOTAL
SQUARE FOOTAGE OF ALL ACCESSORY STRUCTURES MUST NOT
EXCEED 1,400 SQUARE FEET; 6. GARAGE SHALL BE ARCHITECTURALLY
COMPATIBLE WITH EXISTING HOME AND FINISHED WITH A
COMPLEMENTARY SIDING AND COLOR SCHEME; AND 7. GARAGE TO BE
MOVED BACK A MINIMUM OF 20 FEET IN ORDER TO BE IN LINE WITH
THE EXISTING HOME AND 55 FEET BACK FROM THE CURB.
6. SPECIAL USE PERMIT REQUEST, SP #01-07, BY BOB AND FRANKIE
FETROW, FOR A SECOND ACCESSORY STRUCTURE (GARAGE) FOR THE
PURPOSE OF STORAGE, GENERALLY LOCATED AT 7061 HICKORY DRIVE
N.E.
Mr. Burns, City Manager, stated that Mr. and Mrs. Fetrow are seeking a special use
permit for building an 864 square foot accessory building. Staff recommended Council's
approval with six stipulations.
APPROVED SPECIAL USE PERMIT, SP #01-07 WITH THE FOLLOWING
STIPULATIONS: 1. STAFF SHALL CONDUCT REGULAR INSPECTIONS OF
THE SITE. IF, AT ANY TIME, A TRAIL SIMULATING A DRIVEWAY IS
PRESENT, A HARD SURFACE DRIVEWAY , AS APPROVED BY THE CITY,
WILL NEED TO BE INSTALLED WITHIN 90 DAYS; 3. THE STRUCTURE
SHALL NOT BE USED FOR A HOME OCCUPATION OR LIVING AREA; 4.
ALL VEHICLES SHALL BE STORED ON A HARD SURFACE AS APPROVED
BY THE CITY; 5. TOTAL SQUARE FOOTAGE OF ALL ACCESSORY
STRUCTURES MUST NOT EXCEED 1,400 SQUARE FEET; 6. GARAGE
SHALL BE ARCHITECTURALLY COMPATIBLE WITH EXISTING HOME
AND FINISHED WITH SAME SIDING AND COLOR SCHEME.
7. SPECIAL USE PERMIT REQUEST, SP #01-08, BY RAY HATCHETT, FOR A
SECOND ACCESSORY STRUCTURE (GARAGE) FOR THE PURPOSE OF
VEHICLE PARKING AND STORAGE, GENERALLY LOCATED AT 1313
HILLWIND ROAD N.E. (WARD 1):
Mr. Burns, City Manager, stated that Mr. Hatchett wants to build a 780 square foot
accessory building. Staff recommended Council's approval with seven stipulations.
APPROVED SPECIAL USE PERMIT, SP #01-08, WITH THE FOLLOWING
STIPULATIONS: 1. PETITIONER SHALL INSTALL CODE REQUIRED HARD
SURFACE DRIVEWAY WITHIN TWELVE MONTHS OF ISSUANCE OF THE
BUILDING PERMIT; 2. PETITIONER SHALL OBTAIN ALL NECESSARY
PERMITS PRIOR TO CONSTRUCTION; 3. THE STRUCTURE SHALL NOT BE
USED FOR A HOME OCCUPATION OR LIVING AREA; 4. ALL VEHICLES
SHALL BE SOTRED ON A HARD SURFACE AS APPROVED BY THE CITY; 5.
TOTAL SQUARE FOOTAGE OF ALL ACCESSORY STRUCTURES MUST
NOT EXCEED 1,400 SQUARE FEET; 6. GARAGE SHALL BE
FRIDLEY CITY COUNCIL MEETING OF AUGUST 13, 2001 PAGE 5
ARCHITECTURALLY COMPATIBLE WITH EXISTING HOME AND
FINISHED WITH A COMPLEMENTARY SIDE AND COLOR SCHEME; AND 7.
PETITIONER SHALL REMOVE UTILITY SHED ON THE WEST SIDE OF THE
HOUSE UPON COMPLETION OF THE PROPOSED ACCESSORY
STRUCTURE.
8. RESOLUTION NO. 38-2001 ORDERING PRELIMINARY PLANS,
SPECIFICATIONS AND ESTIMATES OF THE COSTS THEREOF;
EDGEWATER GARDENS NEIGHBORHOOD PROJECT NO. ST. 2002 - 1:
Mr. Burns, City Manager, stated that the streets to be included are Rice Creek Way,
Hickory Street, Ashton Avenue, 65 1/2 Way, 66th Way, 66 1/2 Way, and 67th Way. In
addition to surface reconstruction, the project includes replacement of bituminous
curbing with concrete curbing, and repairs to existing water sanitary sewers, and storm
sewers. The project was reviewed in June by residents in the area. Staff recommended
Council's approval.
ADOPTED RESOLUTION 38-2001.
9. RESOLUTION NO. 39-2001 REQUESTING THAT THE MINNESOTA
DEPARTMENT OF TRANSPORTATION GRANT A VARIANCE TO
MUNICIPAL STATE AID RULES OF CONSTRUCTION REQUIREMENTS:
Mr. Burns, City Manager, stated that the variance allows municipal state aid funds to be
used for all off-system local road projects. Staff recommended Council's approval.
ADOPTED RESOLUTION NO. NO. 39-2001.
10. RESOLUTION 40-2001 REVOKING AND ESTABLISHING MUNICIPAL STATE
AID STREETS:
Mr. Burns, City Manager, stated that the Resolution replaces Lake Point Drive and
portions of West Moore Lake Drive with Medtronic Parkway. Staff recommended
Council's approval.
ADOPTED RESOLUTION NO. 40-2001.
11. RESOLUTION IN SUPPORT OF AN APPLICATION FOR A MINNESOTA
LAWFUL GAMBLING PREMISE PERMIT FOR MN NATIONAL GUARD
YOUTH CAMP (SHOREWOOD RESTAURANT) (WARD 2):
THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA FOR
FURTHER DISCUSSION.
12. APPOINTMENT - CITY EMPLOYEES:
FRIDLEY CITY COUNCIL MEETING OF AUGUST 13, 2001 PAGE 6
Mr. Burns, City Manager, stated that staff is recommending the appointments of police
officers to three positions. Don Abbott is recommended for the Captain's position
created by the retirement of Herb Zimmerman. Rick Crestik is recommended for the
Sergeant's position created by the retirement of Robert Friis. Brian Weierke is
recommended for the Sergeant's position created by the promotion of Don Abbott. Staff
recommended Council's approval.
APPOINTED DON ABBOTT TO CAPTAIN, RICK CRESTIK TO SERGEANT
AND BRIAN WEIERKE TO SERGEANT.
13. CLAIMS: APPROVED PAYMENT OF CLAIM NOS. 100740 - 101101.
14. LICENSES: APPROVED ALL LICENSES AS SUBMITTED.
15. ESTIMATES:
Approved estimates as follows:
Dave Perkins Contracting, Inc.
14230 Basalt Street N.W.
Ramsey, MN 55303
2001 Street Improvement Project
No. ST. 2001 - 1
Estimate No. 3 $141,797.00
ADOPTION OF AGENDA:
MOTION by Councilmember Bolkcom to adopt the agenda as amended, with Items 1 and 6 after
the "Open Forum" section, and Item No. 11 between Items 22 and 23. Seconded by
Councilmember Wolfe.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
OPEN FORUM, VISITORS:
Mr. Pat Carline, 5705 Jackson, stated that a discussion at the last Planning Commission meeting
regarding recycling theft being made a misdemeanor irritated him. That is very petty because the
most expensive items would be aluminum cans. He only got twenty dollars for his last pick-up
truckload of cans. If people need to make ends meet by taking a couple of cans, nobody should
go after them for a misdemeanor. Fridley does not need more laws. It would be a waste of time
enforcing it.
Mayor Lund stated that there will be a public hearing on this issue.
FRIDLEY CITY COUNCIL MEETING OF AUGUST 13, 2001 PAGE 7
Mr. Carline asked about the meeting Council had before the regular scheduled meeting and how
it met the requirements of the open meeting law.
Mr. Knaak, City Attorney, stated that that meeting was a closed meeting due to pending litigation
which is the only kind of ineeting that can be closed.
Mayor Lund stated that the meetings are generally open to the public, except if they are posted in
advance as closed due to pending litigation.
Mr. Burns stated that it was the first closed meeting in 8 or 9 years.
Mr. Bob Anderson, 6807 Oakley Street, asked what has been done with the City ordinance
regarding bigger garbage cans.
Mayor Lund stated that item would be discussed at a public hearing.
Councilmember Billings stated that it would come up on the agenda under Item No. 19.
Mr. Hickok stated that Item No. 19 is inappropriately identified in the agenda. That is only to set
the public hearing for August 27.
Councilmember Billings asked when it was discussed by the Planning Commission.
Mr. Hickok stated that it was discussed at the last meeting.
Councilmember Billings asked when the ne�t Planning Commission meeting would be.
Mr. Hickok stated that one was scheduled for August 15.
Councilmember Billings stated that Mr. Anderson might want to check the videotapes at the
library or call Brian Strand, the City's Video Specialist.
Councilmember Bolkcom stated that they could also contact Julie Jones, the Recycling
Coordinator, for background information.
Councilmember Barnette stated that the recommendation for the public hearing date for Item No.
19 is for September 10.
Mr. Hickok stated that the public hearing would be on August 27, and the first reading on
September 10. Ms. Jones' telephone number is 763-572-3594.
FRIDLEY CITY COUNCIL MEETING OF AUGUST 13, 2001 PAGE 8
1. ORDINANCE NO. 1156 AMENDING CHAPTER 402 OF THE FRIDLEY CITY
CODE PERTAINING TO WATER AND SEWER ADMINISTRATION-REPAIRS
TO CONNECTION:
Councilmember Barnette stated that Mr. Anderson and several others have called him with
questions.
Mr. Bob Anderson, 6807 Oakley Street, stated that the homeowner is responsible for the sewer
line to the line that runs down the street (lateral). There is a stub off the lateral that comes to the
property line and that is City property. The responsibility of that section of sewer line is the
homeowner's according to the Assistant City Engineer. He does not have the money to spend to
dig the line up and have it replaced. The City will not accept the responsibility for a new water
main in the street unless it is pressure tested to make sure there is no leak.
Mr. Haukaas, Public Works Director, stated that we are clarifying the responsibility for standard
maintenance to the home. If the line is crushed to the point of being unserviceable, it will still be
the City's responsibility to fix it. They understand that property owner's are not able to afford to
repair the line. The City has no method of inspecting it on a regular basis, but standard cleaning
of roots or whatever is the homeowner's responsibility.
Mr. Anderson stated that he is being asked to accept responsibility for cleaning up sewer lines
that were not done right in the first place.
Mr. Haukaas stated that the sewer lines were installed according to the accepted methods at the
time. That is an older method that is no longer done. Root cutting and cleaning up of the service
line is maintenance and is the same as gutters or shingles on a house. There are very few trees in
the City boulevard. The majority of trees are on the homeowner's property. It is unusual for a
city to take responsibility for the section to the main. Standard maintenance will prevent future
problems and the homeowners are the only ones who can do that on their land.
Mr. Anderson stated that this is a big change and the City of Fridley cannot be compared to any
other. The City is the best and has the best Public Works Department.
Councilmember Barnette stated that the City could use the sewer line camera to ascertain where
the problem is.
Mr. Haukaas stated that was correct.
Councilmember Barnette asked if they were talking about the area from the lateral to the
property line as about ten feet.
Mr. Anderson stated that it was close to 20 feet. He appreciates Councilmembers Barnette and
Wolfe's time with his phone calls about this matter.
Councilmember Billings stated that last year there about 1101ine cleanings and only one of those
was in the property owner's section. This language is to clarify the ordinance.
FRIDLEY CITY COUNCIL MEETING OF AUGUST 13, 2001 PAGE 9
Mr. Anderson stated that he does not agree but understands that the City is trying for
preventative maintenance. He asked how often the sewer line should be cleaned.
Mr. Haukaas stated that it depends on the particular case. An older home could be done every 2
to 3 years.
MOTION by Councilmember Billings to waive the reading and adopt Ordinance No. 1156 on
the second reading and order publication. Seconded by Councilmember Barnette.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
6. SPECIAL USE PERMIT REQUEST, SP #01-07, BY BOB AND FRANKIE
FETROW, FOR A SECOND ACCESSORY STRUCTURE (GARAGE) FOR THE
PURPOSE OF STORAGE, GENERALLY LOCATED AT 7061 HICKORY DRIVE
N.E. (WARD 3):
Councilmember Bolkcom asked about the stipulation that staff will conduct regular inspections
on the site.
Mr. Hickok, Community Development Director, stated that the Fetrows indicated this is not a
garage to drive to and from. They have a 4 wheel drive vehicle to pull the boat to and from the
garage. They prefer not to have a driveway. Staff saw this as an opportunity not to put asphalt
where it does not belong. If any time Staff observes there are noticeable ruts, they will ask that
the driveway will be installed within 90 days.
MOTION by Councilmember Bolkcom to approve SP #01-07 with the following stipulations:
1. Staff shall conduct regular inspections of the site. If, at any time, a trail simulating a driveway
is present, a hard surface driveway as approved by the City will need to be installed within 90
days; 2. Petitioner shall obtain all necessary building permits prior to construction; 3. The
structure shall not be used for a home occupation or living area; 4. All vehicles shall be stored on
a hard surface as approved by the City; 5. Total square footage of all accessory structures must
not exceed 1,400 square feet; and, 6. Garage shall be architecturally compatible with existing
home and finished with same siding and color scheme.
Seconded by Councilmember Barnette.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
FRIDLEY CITY COUNCIL MEETING OF AUGUST 13, 2001 PAGE 10
PUBLIC HEARINGS:
16. CONSIDERATION OF AN UNSAFE BUILDING AT 5800 TENNISON DRIVE
N.E. (WARD 2):
MOTION by Councilmember Bolkcom to open the public hearing and waive the reading of the
public hearing notice. Seconded by Councilmember Barnette.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED AND THE PUBLIC HEARING WAS OPENED AT 8:15 P.M.
Mr. Hickok, Community Development Director, stated that to date, the owner of the property has
left the property in disrepair. A public hearing must be held prior to spending any public dollars
to remedy conditions. Council may then adopt a resolution to officially declare the home unsafe.
The resolution will then go to Anoka County and we will ask the courts for authorization to
make the necessary repairs. That will allow us to assess and redeem our funds through the
assessment process.
Mr. Hickok stated that in May and June of this year, warrants were issued because of an animal
complaint. Inspection revealed the home was unsafe and unfit for human habitation. The home
at that time was boarded and posted and the owner was given time to develop a solution. On July
3 of this year staff initiated the Statutory Abatement Process for unsafe buildings. No action
occurred on the property at that point and staff stepped it up to the Abatement process which
allows the homeowner one of the following three options: 1. Bring the home into compliance
within twenty days; 2. Bring in a schedule for correction and compliance which needs to be
submitted and approved by the City within 20 days; or 3. Request a hearing with a Court Hearing
Examiner or Officer within twenty days.
Mr. Hickok stated that the homeowner has requested the third option and there will be a hearing
to deliberate any issues of contention on this case. The owner has met with staff and has
indicated that she would like to have the home go through the proper permit processes and all
corrections made by October 15 of this year. There is a very aggressive approach. Staff
recommends that Council hold the hearing with public comment but not close the hearing until
after there has been a decision from the hearing officer.
Councilmember Bolkcom asked how soon after the hearing before a hearing officer will a
recommendation be made.
Mr. Hickok stated that the item could be back on the agenda for the September 11 meeting.
Mr. Ray Sopcinski, 5808 Tennison Drive, stated that he lives adjacent to the home and this has
been going on for many years. It will cost the City thousands of dollars. There was a petition
signed by the neighbors and it did not do any good. Only one affidavit has been sent out but it
was quite obvious that if this property has been let go, there has been no cooperation whatsoever
from the owner. The City should follow the trend of trying to keep the City in well repair and
healthy. Property owners in the area have all complained with not much effect.
FRIDLEY CITY COUNCIL MEETING OF AUGUST 13, 2001 PAGE 11
Mayor Lund stated that this public hearing is an extension of the action taken previously.
Mr. Knaak, City Attorney, stated that this is a finite action. The City staff reacted to this
particular complaint resulting in conditions being brought to the attention of City staff. The City
has responded fully.
Mr. Sopcinski stated that action was taken about 4 weeks ago and there was a notice on the door
that it could not be occupied.
Mr. Knaak stated that the City has two parallel processes. Private property with a health hazard
gives the City authority to correct the problem with certain procedures. This protects the health
and safety of the owners and neighbors. The public hearing must be held and then the City can
go in and abate the problem. The City cannot assess that without conducting the hearing.
Mr. Sopcinski asked where the money would come from to rehab this place.
Mr. Hickok stated that a determination will be made that the owner of the property has hired a
private inspector to do an analysis that would be matched against our own inspector's records. If
there are inconsistencies, the hearing officer would help resolve them.
Mr. Sopcinski asked who the hearing officer was.
Mayor Lund stated that Anoka County has selected a third-party to be the hearing officer.
Mr. Sopcinski asked what would happen if the cost of the rehab was for more than the property
could be resold for.
Mayor Lund stated that it is early in the process to determine the final outcome for any dollar
amount. The property owner may not want to rehab.
Mr. Hickok stated that the owner chose the hearing option and they have taken steps on their
own to have inspectors to analyze what they agree with. It is very early to determine to what
e�tent to fix whatever is there.
Mr. Sopcinski stated that the taxpayer may be the one to pay for any rehab.
Mr. Hickok stated that there have not been any requests for grants through the housing program
and is something the homeowner will have to pay for.
Mr. Sopcinski stated that the residents of Tension witnessed himself being harassed because of
this issue and they do not come out because they are intimidated.
MOTION by Councilmember Wolfe to continue the public hearing until we have the results of
the Hearing Officer. Seconded by Councilmember Bolkcom.
FRIDLEY CITY COUNCIL MEETING OF AUGUST 13, 2001 PAGE 12
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
Mr. Hickok stated that a notification will be sent to Mr. Sopcinski by letter.
Mr. Burns, City Manager, stated that the hearing has more to do with establishing rights for the
property owner rather than only for gathering input.
Mr. Knaak stated that the hearing is an additional protection required by Fridley ordinances.
Councilmember Bolkcom stated that the City will proceed with due process with or without
public input.
17. CONSIDERATION OF UTILITY PROJECT NO. 342, UTILITY SERVICE TO
VARICHAK ADDITION:
MOTION by Councilmember Wolfe to waive the reading and open the public hearing.
Seconded by Councilmember Barnette.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED AND THE PUBLIC HEARING WAS OPENED AT 9:00 P.M.
Mr. Haukaas, Public Works Director, stated that the purpose of the hearing was to receive public
comment on the utility connection for the properties of the Varichak Addition. The cost would
be assessed back to the benefiting properties. The required improvements include installation of
a sanitary sewer, a manhole over the existing main, installation of two sanitary sewer services,
installation of two water sewer connection lines and valves, and the associated restoration of
street, curbs, and boulevards. Three bids were received in April, 2001, ranging in price from
$22,000 to $31,000 and were only valid for 60 days. The price does not include the City's eight
percent (8%) engineering inspection overhead costs. The cost is higher than similar projects due
to the depth of the sanitary sewer at this location and its proximity to the TCAAP water line.
The construction costs are estimated at $28,000. A ten percent (10%) contingency and eight
percent (8%) inspection fees have been added. The total estimated cost is $33,040. Assessments
are to be split equally to the benefiting properties. The low bidder would be contacted again to
see if the original quote will be honored. Final assessment shall reflect actual construction costs,
not our estimates. We will add on the City's overhead eight percent (8%) fee. If Council
chooses to move forward, staff will prepare a resolution for approval at a future meeting.
Mayor Lund stated that the Council would like the following statement added to the record: "At
this hearing we are not going to determine what the developers or potential buyers and owners
thought they were buying or selling, nor this City's posture, present or future, in the conduct of
any litigation that may occur between the parties. This hearing is ONLY for the purpose of
determining the need for the utility project being considered and whether the property is to be
assessed for this improvement and how much may also be considered tonight or, possibly, at a
future meeting. There is a recorded Development Agreement that affects the property. It states
that sewer and water must be installed by the Developer, the Owner, or Future Owners. There is
FRIDLEY CITY COUNCIL MEETING OF AUGUST 13, 2001 PAGE 13
no dispute but that the Agreement provides for payment of the Improvements by one, any, or all
of those parties. The Development Agreement is a matter of public record and is part of the
record of these proceedings. Debate as to the meaning of its terms beyond what was just stated
will not occur on the part of the City this evening."
Ms. Sue Okerstrom, 1601 Gardena, stated that she wanted to submit a letter that would bridge
some of those areas just discussed that the City does not want to deal with at this time. The letter
concerns public works on her and Angelique Frederiksen's properties. The letter highlights that
they paid for a finished lot, which included water and sewer. Mr. Varichak's position that he
sold the lots "as is" cannot be substantiated because the certified appraisal as a finished lot
included water and sewer for $60,000. She stated that she had nothing to do with writing,
committing to, signing or enforcing the Developer's Agreement.
MOTION by Councilmember Barnette to accept the letter. Seconded by Councilmember Wolfe.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
Ms. Beverly Wales, 9509 Dogwood Avenue North, Brooklyn Park, stated that she also owns a
lot purchased from the Varichak Addition. She agrees with Ms. Okerstrom and Ms. Frederiksen.
She is in financial straits and it is not their responsibility to fight Varichak and Surdyk when the
buyers were not the ones to develop the Developer's Agreement.
Mr. Knaak, City Attorney, stated that the Development Agreement calls for the provision of the
sewer and water that has not been completed. It requires completion. Assessment of sewer and
water connections is recognized in Minnesota Statutes, Chapter 429, as the basis for the project.
The only issue was whether or not the actual construction has occurred and it has not. That
there is a need is an admission on the part of the developer and it must occur prior to
construction. This is not the public improvement with speculation of need. The lots are not
buildable as is.
Mayor Lund asked if this is an attempt to fulfill the Development Agreement by virtue of
holding the public hearing.
Mr. Knaak stated that is separate and this is under statute, not pursuant to an agreement. The
agreement does provide for both the need and the responsibility.
Mayor Lund asked what the course of action would be.
Mr. Knaak stated that Council has discretion, but the usual course is to bring a resolution at a
later time when the costs were more clearly known. The Council would then be taking action to
assess any or all of the improvements, if chosen.
Councilmember Billings asked if Minnesota Statutes controlled what Council can do to improve
a parcel of privately owned property and how public funds can be used toward that end?
FRIDLEY CITY COUNCIL MEETING OF AUGUST 13, 2001 PAGE 14
Mr. Knaak stated that Chapter 429 provides the method for providing improvements. Public
funds cannot be used for private benefit. Chapter 429 is about the assessment process.
Councilmember Billings asked if this process of the City doing the installation and Council
determining whether they should be assessed, is one means of providing for the enforcement of
the Developer's Agreement?
Mr. Knaak stated that it is one means.
MOTION by Councilmember Billings to close the public hearing. Seconded by Councilmember
Bolkcom.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED AND THE PUBLIC HEARING WAS CLOSED AT 9:15 P.M.
18. DETERMINATION OF STATUS OF A SMALL PARCEL OF PROPERTY
WITHIN THE GATEWAY EAST DEVELOPMENT PLAT:
MOTION by Councilmember Bolkcom to open the public hearing. Seconded by
Councilmember Billings.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED AND THE PUBLIC HEARING WAS OPENED AT 9:15 P.M.
Mr. Hickok stated that this was formerly known as Cityview Addition. This is a small remnant
parcel that remained after the frontage road was vacated. It is 312.5 square feet and was
intended to be conveyed as part of the Gateway East Development Plat. It was erroneously
overlooked by the surveyor and the title company for the developer. The land remains under
City ownership. A townhome has been planned to be placed over the corner of the parcel so
conveyance is important for redevelopment. Closing on the sale of the majority of the property
has occurred. A declaration that the property is excess and authorization by Council are
necessary to allow staff to proceed to deed the property to the developer. Staff recommends that
Council hold a public hearing and state for the record the City's intention to declare the land
excess and deed it to the developer and hold the public hearing open until August 27.
Councilmember Billings asked if the property was acquired by the City with the intent of doing a
future redevelopment project.
Mr. Hickok stated that it was purchased in 1969 with the intent of allowing the City to pursue
possible development.
Councilmember Billings asked if there would be any reason the City would not consider this as
excess property and move towards selling it immediately.
Mr. Hickok stated that there would not be any reason.
FRIDLEY CITY COUNCIL MEETING OF AUGUST 13, 2001 PAGE 15
Councilmember Billings asked if it would be consistent with other actions of the City Council,
the HRA, and staff.
Mr. Hickok stated that was correct.
MOTION by Councilmember Billings to continue the public hearing to August 27, 2001.
Seconded by Councilmember Bolkcom.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED AND THE PUBLIC HEARING WAS CONTINUED.
19. CONSIDERATION OF AN ORDINANCE AMENDING THE FRIDLEY CITY
CODE TO REPEAL CHAPTER 113, ENTITLED "SOLID WASTE DISPLOSAL
AND RECYCLING COLLECTION" AND ADOPT A NEW CHAPTER 113:
Mr. Burns stated that this should be placed after Item #21 under New Business.
20. CONSIDERATION OF AN ORDINANCE AMENDING CHPATERS 205, 206,
AND 603 OF THE FRIDLEY CITY CODE PERTAINING TO FIRE
PROTECTION REQUIREMENTS (ZONING TEXT AMENDMENT, ZTA #O1-
04 :
MOTION by Councilmember Bolkcom to open the public hearing. Seconded by
Councilmember Wolfe.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED AND THE PUBLIC HEARING WAS OPENED AT 9:20 P.M.
Mr. Hickok, Community Development Director, stated that Staff is requesting consideration of
the Te�t Amendment that will first eliminate Section 205.04.08 of the zoning code entitled "Fire
Protection Requirements." It will eliminate portions of Section 603.03 under Intoxicating Liquor
License and adopt Chapter 1306 of Special Fire Protection Systems of Minnesota Building Code
by amending Chapter 206 of the City Code. The adoption is necessary because the City
Attorney has advised that the current sprinkler system legislation should not be predicated upon
zoning or as a liquor licensing issue and its current state is unenforceable. In the interest of fire
and life safety, automatic sprinkler systems have a proven record of reducing life and property
loss in the event fire occurs. Adoption is necessary because of the standard recommended by the
State. This is a minimum/maximum standard which means that municipalities that adopt it are
not allowed to change the requirements to make the standard more or less restrictive. Chapter
1306 specifically states what occupancies are affected and establishes minimum requirements.
Mr. Hickok stated that many City projects will not be affected by this ordinance. All of the
surrounding communities except Columbia Heights have adopted the amendment. The Planning
Commission considered this on July 18 and recommended approval unanimously. Staff
recommends concurrence with the Planning Commission.
FRIDLEY CITY COUNCIL MEETING OF AUGUST 13, 2001 PAGE 16
Councilmember Barnette asked if there were any objections from anyone.
Mr. Hickok stated that Mr. Richard Harris who was present at the Planning Commission meeting
asked for clarification and spoke with staff.
Mr. Julkowski, Chief Building Official, stated that he had not heard a word from anyone.
Councilmember Bolkcom asked how business owners were notified.
Mr. Hickok stated that a general notice was published in the papers. Invitations to the entire
building industry for commercial/industrial property owners were sent and an open house
seminar was held at the City to discuss the sprinkler ordinance. No complaints were received.
Mr. Julkowski stated that he answered some questions for Mr. Paschke.
MOTION by Councilmember Bolkcom to close the public hearing. Seconded by
Councilmember Wolfe.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED AND THE PUBLIC HEARING WAS CLOSED AT 9:27 P.M.
21. CONSIDERATION OF AN ORDINANCE AMENDING CHAPTER 205 OF THE
FRIDLEY CITY CODE PERTAINING TO FRATERNAL ORGANIZATIONS
SPECIAL USE PARKING IN R-3 DISTRICTS (ZONING TEXT AMENDMENT,
ZTA #01-03:
MOTION by Councilmember Bolkcom to waive the reading and open the public hearing.
Seconded by Councilmember Barnette.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED AND THE PUBLIC HEARING WAS OPENED AT 9:27 P.M.
Mr. Hickok, Community Development Director, stated that the City has one fraternal
organization in the R-3 District which is the Knights of Columbus. They have been giving back
to the City for over 30 years delivering Christmas baskets, sponsoring Clean the Highway
Programs, Tootsie Roll drives, and picnics. U. S. West has been allowed in the past to use a
portion of their parking lot for temporary storage with a semi-trailer which functions as a
distribution warehouse for telephone books. This allows the Knights of Columbus to raise
additional money to supplement their charity budget. In 1999, staff was made aware of the
parking trailers and the organization was asked to discontinue. The addition of this definition in
the amendment would define the fraternal organization as "A group of people formerly organized
for common interest, usually cultural, religious, or entertainment, with regular meetings and
formal written memberships." Uses with a special use permit would be added as "Trailers for
use by a fraternal organization for fund raisers, provided the trailers are screened from the public
right-of-way, and adjacent land uses do not adversely impact parking, provided the organizations
that use the trailers meet the following standards: (a) Number of trailers shall not, at any time,
FRIDLEY CITY COUNCIL MEETING OF AUGUST 13, 2001 PAGE 17
exceed three (3); (b) Trailer size shall not exceed Minnesota Department of Transportation
standards for enclosed trailers; (c) Trailers shall be enclosed-type allowing contents to be
screened on-site and from adjacent properties.
Mr. Hickok stated that recognizing fraternal organizations as a permitted special use in the R-3
District will allow them to raise additional funds to continue charitable contributions to the
community. Staff recommended approval of this zoning te�t amendment. The Knights of
Columbus will go through the special use permit process.
Councilmember Billings stated that this is a temporary situation. He asked for staff s
interpretation of how the trailer would be screened in the right-of-way.
Mr. Hickok stated that the trailer would be surrounded by a building on one side, landscape on
the other two sides, and positioned so that it does have a screened vantage point from the right-
of-way. There is also screening is also along the south side boulevard.
Councilmember Billings stated that in Section (13) a comma should be placed after "from the
right-of-way and adjacent land-uses."
Mayor Lund asked how this was advertised.
Mr. Hickok stated that the general public was notified in the newsletter. There were no
comments.
MOTION by Councilmember Bolkcom to close the public hearing. Seconded by
Councilmember Billings.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED AND THE PUBLIC HEARING WAS CLOSED AT 9:35 P.M.
NEW BUSINESS:
19. CONSIDERATION OF AN ORDINANCE AMENDING THE FRIDLEY CITY
CODE TO REPEAL CHAPTER 113, ENTITLED "SOLID WASTE DISPLOSAL
AND RECYCLING COLLECTION" AND ADOPT A NEW CHAPTER 113:
MOTION by Councilmember Bolkcom to set the public hearing for August 27. Seconded by
Councilmember Barnette.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
22. FIRST READING OF AN ORDINANCE AMENDING CHAPTER 205 OF THE
FRIDLEY CITY CODE PERTAINING TO FRATERNAL ORGANIZATIONS'
SPECIAL USE PARKING IN R-3 DISTRICTS (ZONING TEXT AMENDMENT,
ZTA #01-03):
FRIDLEY CITY COUNCIL MEETING OF AUGUST 13, 2001 PAGE 18
MOTION by Councilmember Bolkcom to waive the reading and approve the ordinance on first
reading with the following change: amend punctuation in Section 13.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
11. RESOLUTION IN SUPPORT OF AN APPLICATION FOR A MINNESOTA
LAWFUL GAMBLING PERMIT FOR MN NATIONAL GUARD YOUTH CAMP
(SHOREWOOD RESTAURANT):
Councilmember Billings asked if staff wanted to table this item.
Mr. Burns, City Manager, stated that it should be pulled from the agenda, due to a decision made
by the establishment to keep the current lawful gambling organization..
MOTION by Councilmember Bolkcom to delete this item from the agenda. Seconded by
Councilmember Wolfe.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
23. INFORMAL STATUS REPORTS:
Councilmember Bolkcom thanked all the block captains, Fridley police officers, and Myra Harris
for all the work they did on the block parties on National Night Out.
Mr. Burns stated that the newsletter will be out soon.
ADJOURN:
MOTION by Councilmember Barnette to adjourn the meeting. Seconded by Councilmember
Bolkcom.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
AUGUST 13, 2001, CITY COUNCIL MEETING ADJOURNED AT 9:42 P.M.
Respectfully submitted,
Signe L. Johnson Scott Lund
Recording Secretary Mayor