10/13/1997 - 00001746�
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THE MINUTES OF THE REGULAR MEETING OF THE FRIDLEY CITY COUNCIL
OF OCTOBER 13, 1997
The Regular Meetmg of the Fndley City Council was called to order by Mayor 7orgenson at
735pm
Mayor Jorgenson led the Council and audience m the Pledge of Allegtance to the Flag
ROLL CALL:
MEMBERSPRESENT
PROCLAMATIONS:
Mayor Jorgenson, Councilman Barnette, Councdman Billmgs,
Councilman Schne�der and Councilwoman Bolkcom
STUDENT FOREIGN EXCIIANGE WEEK OCTOBER 13 - 19, 1997
Mayor dorgenson read and �ssued a proclamation proclaiirung October 13 - 19, 1997 as Student
Fore�gn Exchange Week m honor of Mana Morales from Venezuela and m honor of Nestor
Amarilla from Paraguay Nestor Amanlla and Maria Morales are mvrted to be honorary cihzens
of Fndley The Fndley VFW presented each student wrth a flag of the Umted States
MINNESOTAMANIJFACTURERS WEEK OCTOBER 13 - 17. 1997
Mayor Jorgenson read and issued a proclamatton proclaimmg October 13 - 17, 1997 as
Mmnesota Manufacturers Week m recognrtion of the contnbution of Fndley manufacturers to the
local commuruty, the state, and for mteraational busmess conducted
MAKF A DIFFERENCE DAY OCTOBER 25. 1997
Mayor Jorgenson read and �ssued a proclamatron proclazmmg October 25, 1997 Make A
Difference Day in recognrtion of the senous soc�al issues addressed by volunteers Mayor
7orgenson urged fellow crtizens to connect wrth fnends, family and the commuruty to assist m one
of the many commumty pro�ects that will help to make a d�fference
GUESTS
The Hayes Elementary School Cub Scout Troop # 20, a group of fifth graders, attended th�s
Councd meehng, as they are working on a Crt�zenship badge
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FRiDLEY CITY COUNCIL MEETNG OF OCTOBER 13, 1997 PAGE z
APPROVAL OF MINUTES:
COLTNCIL MEETING SEPTEMBER 22, 1997
MOTION by Councilman Schneider to approve the mmutes as presented Seconded by
Councilman Billmgs Upon a vace vote, all votulg aye, Mayor 7orgenson declared the mouon
carried unammously
APPRO VAL OF PROPOSED CONSENT AGENDA:
OLD BU5INESS:
1. ORDINANCE NO. 1104 MODIFYING THE FRIDLEY ZONING CODE IN A
MANNER THAT REGULATES PAWN SHOPS, PAWN BROKERS AND
SECOND HAND DEALERS:
Mr Burns, C�ty Manager, stated that the proposed ordmance excludes pawn shops, pawn
brokers, and second hand dealers from C-1 (local busmess distncYs) and CR-1 (general
office d�st�cts) and allows them m G2 (general busmess distncts) and C-3 (general
shoppmg center d�stncts) Counc�l approved the first readmg of th�s ordmance on
September 22, ]997 Staff recommends CounciPs approval of the second and final
readmg
WAIVED THE READING AND ADOPTED ORDINANCE NO. ll04 ON THE
SECOND READING AND ORDERED PUBLICATiON.
2. ORDINANCE NO. 1105 TO AMEND THE CITY CODE OF THE CITY OF
FRIDLEY, MINNESOTA. BY MAKING A CHANGE IN ZONING DISTR[CTS
(REZONING REOUEST. ZOA #47-03, BY THE CITY OR FRIDLEY
GENERALLY LOCATED AT THE NORTHEAST CORNER OF 61`T WAY AND
EAST RIVER ROAD (WARD 31:
Mr Burns, Crty Manager, stated that the rezomng is from R-3 to R-1 Councd approved
the 5rst readmg of tfus ordmance at their 5eptember 22, 1997 meetmg Staff recommends
Councd's approval ofthe second and final reading
THIS TTEM WAS REMOVED FROM THE CON5ENT AGENDA AND PLACED
ON THE REGULAR AGENDA.
3. RECEIVE THE MINUTES OF THE PLANNING COMMISSION MEETING OF
SEPTEMBER 17, 1997:
� RECEIVED THE MINUTES OF THE PLANNING COMMISSION MEETING OF
SEPTEMBER 17, 1997.
FRIDLEY CITY COUNCIL MEETNG OF OCTOBER 13, 1997 PAGE 3
' 4. RECEIVE TFiE MINUTES OF THE PLANNING COMMISSION MEETING OF
SEPTEMBER 17, 1997:
RECEIVED THE MINUTES OF THE PLANNING COMMISSIdN MEETING OF
OCTOBER 1, 1997.
5. RESOLUTION APPROVING A SUBDIV�SION, LOT SPLIT, L.S. #97-03, TO
CREATE TWO RESIDENTLAL LOTS, ON LOTS 4, 5, 6, AND 7, BLOCK 4,
HAMiLTON'S ADDITION TO MECHANICSVILLE, GENERALLY LOCATED
AT 5616 FOURTH STREET N.E. BY RAY KAHL) (WARD 1):
Mr Burns, C�ty Manager, stated that the pet�t�oner is Ray Kahl on behalf of June Bierch
and Glona Sorby The petrt�oner asks that four 40 foot platted ]ots be converted to two
buildable lots Each ofthe buildable lots will be 79 48 feet wtde and 136 28 feet long and
have lot areas of 10,831 5 feet The Plannmg Comm�ssion approved th�s request on
October 1, 1997, with one st�pulat�on Staff recommends Council's concurrence with the
Plannmg Comm�ssion's action with the understandmg that the stipulation shall be modified
m a manner that requtres payment of a park dedicarion fee for one rather than both of the
newly created lots One of the lots has a buddmg on it, and the Crty has not charged the
ded�cation fee m the past for t}us type of situat�on
� THIS TI`EM WAS REMOVED FROM THE CONSENT AGENDA AND PLACED
ON THE REGULAR AGENDA.
6. RESOLUTION NO. 79-1997 ELECTING TO CONTINUE PARTTCIPATING IN
THELOCAL HOUSING INCENTIVES ACCOUNT PROGRAM UNDER THE
METROPOLITAN LIVABLE COMMUNITIES ACT FOR CALENDAR YEAR
1998:
Mr Burns, City Manager, stated that the Local Housmg Incentives Account program �s
one of three state programs des�gned to encourage affordable housmg and economic
development In v�ew of the Crty's past successes and current apphcations for fundmg
under these programs, staff recommends Councd's approval of this resolut�on
THTS ITEM WAS REMOVED FROM THE CONSENT AGENDA AND PLACED
ON THE REGULAR AGENDA.
ESTABLISH PUBLIC HEARING DATE FOR NOVEMBER 10, 1997, FOR THE
HACKMANN AVENUE PROdECT NO. ST. 1998-1:
Mr Burns, City Manager, stated that the proposed pro�ect prov�des for the reconstruction
of Hackmann Avenue and Hackmann Circle, as well as for the replacement of water Lnes
� m these areas A pubhc meetmg was held and a petition was ctrculated and signed by 32
of the 58 property owners 5taff recommends that Council estabhsh Monday, November
10, 1997, as the public hearmg date for this pro�ect
FRIDLEY CITY COUNCIL MEETNG OF OCTOBER 13. 1997 PAGE a
� SET THE PUBLIC FIEARING FOR NOVEMBER 10, 1997, EOR
CONSIDERATION OF THE HACKMANN AVENUE PROJECT NO. ST. 1998-1.
S. ESTABLISH A PUBLIC HEARING DATE FOR OCTOBER 27, 1997. ON AN
ORDINANCE AMENDING CHAPTERS ll3 AND 11 OF THE FRIDLEY CITY
CODE TO INCREA5E SOLID WASTE ABATEMENT PROGRAM FEES:
Mr Burns, City Manager, stated that the proposed heanng date �s October 27, 1998 The
proposed mcrease �s from $4 00 per quarter to $6 00 per quarter The purpose of the
mcrease is to accommodate new costs associated with our change from biweekly to
weekly curbside recycling and other costs associated with the collect�on of plastics and the
operarion of a redemphon center Staff recommends Counc�Ps approval in settmg the
heanng date for October 27, 1997
SET 1'13E PUBLIC HEARING FOR OCTOBER 27, 1997, FOR AN INCREASE IN
THE CITY'S SOLID WASTE ABATEMENT PROGRAM FEES.
9. RESOLUTION NO. 80-1997 AUTHORIZING APPLiCATlON OF OFFICE OF
ENVTRONMENTAL ASSISTANCE GRANT FUNDS AND EXECUTION OF
GRANT AGREEMENT:
� Mr Burns, Crty Manager, stated that Crty staff and staff from the Global Acrion Plan are
mterested m pursumg grant funds for the purpose of expandmg the Global Acrion Plan's
Eco Team Program mto Fridley apartment complexes The proposed grant amount is
$17,500 There �s a fifty percent matc}ung requirement ($17,500) thaY will be funded by
the Global Act�on Plan through prtvate donations Staff recommends Councd's approval
of the resolution approvmg the grant apphcat�on
ADOPTED RESOLUTION NO. $0-1997.
10. APPROVE CHANGE ORDER NO. 1 TO I-694/TA 47 RAMP RECONSTRUC-
TION PROJECT NO. ST. 1997-3:
Mr Burns, Crty Manager, reported the net cost of the change order is $3,546 40 It
covers costs for special signmg, the addition of a p�pe sleeve under the ramp for future
utility wiring, �oint sealmg, and gradmg related to repa�rs to an existmg storm sewer Staff
recommends approval of the change order to the C�ty's contract w�th Forest Lake
Construction All of these costs are reimbursable by MnDOT
APPROVED CHANGE ORDER NO. 1 TO I-694/TH 47 N.E. RAMP
RECONSTRUCTION PROJECT NO. ST 1997-3.
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FRIDLEY CTTY COUNCIL MEETNG OF OCTOBER 13, 1997 PAGE 5
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12.
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14.
15.
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RECEIVE THE 1998 BUDGET FOR THE NORTH METRO CONVENTION AND
TOUffiSM BUREAU:
Mr Burns, Crty Manager, stated that the budget is to be received by Council m
accordance with our agreement w�th the North Metro Convention and V�sitor's Bureau
and rts member crties The budget pro�ects 1998 expendrtures of $599,000
RECEIVED THE 1998 BUDGET FOR THE NORTH METRO CONVENTION
AND TOURISM BUREAU.
RESOLUTiON DESTGNATING TIME AND NUMBER OF COIINCIL
Mr Burns, Ctty Manager, stated that the moUon reflects Council's request that our
previously scheduled December 15 meetmg date be rescheduled to December 8, 1997
This is bemg done m order to establ�sh a legally correct contmuation date for the 1997
truth-m-taxatron hearing on the 1998 budget Staff recommends Council's approval
THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA AND PLACED
ON THE REGULAR AGENDA.
CLAIMS:
AUTHOW2
LICENSES:
PAYMENT OF CLAIM NOS. 76799 - 77187.
APPROVED THE LICENSES AS SUBMITTED AND AS ON FILE IN THE
LICENSE CLERK'S ORFICE.
ESTIMATES;
APPROVED THE ESTII�ZATES AS FOLLOWS:
Fredenck W Knaak, Esq
Holstad and Larson, P L C
3535 Vadnazs Center Dnve
St Paul, MN 55110
Services Rendered as Crty Attorney
for the Month of September, 1997
$ 4,250 00
FRIDLEY CITY COUNCIL MEETNG OF OCTOBER 13, 1997 PAGE 6
� Newquist & Ekstrum, Chartered
301 Fndley Plaza Office Buildmg
6401 UmversRy Avenue N E
Fndley, MN 5 543 2-43 8 1
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Services Rendered as Crty Prosecutmg
Attorney for the Month of August, 1997
M C Magney Construction, Inc
19245 Highway 7
Excelstor, MN 55331
Wellhause No 1 and Water Booster Station
Pro�ect No 298
Estunate No 1
Hardrrves, Inc
14475 Quiram Dnve
Rogers, NIN 55374
Central Avenue Bikeway/Walkway
Pro�ect No ST 1994 - 9
Eshmate No 8
Drverstfied Pavmg, Inc
8019 - 146th Avenue N W
Ramsey, MN SS303
1997 Dnveway Paving Pro�ect No 307
Estimate No 1
$ 15,031 30
$ 15,690 00
$ 16,789 53
$ 20,780 96
No persons m the audience spoke regardmg the proposed consent agenda items
Councilman Billmgs requested that Items 2, 5, 6 and 12 be removed from the consent agenda
MOTION by Councilman Barnette to approve the consent agenda items with the removal of
Items 2,5,6 and 12 Seconded by Councilwoman Bolkcom Upon a voice vote, all votmg aye,
Mayor Jorgenson declared the motion carned unammously
ADOPTION OF AGENDA:
MOTION by Councilman Schne�der to adopt the agenda wrth the addition of Consent item Nos
2, 5, 6 and 12 as New Busmess after Item 18 Seconded by Councilwoman Bolkcom Upon a
voice vote, all votmg aye, Mayor Jorgenson declared the motion carried unammously
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FRIDLEY CITY COUNCiL MEETNG OF OCTOBER 13, 1997 PAGE 7
OPEN FORUM, VISITORS:
Henry Zimmer, 4021 Cal�forma Street. Fr�dley
Mr Zimmer is requestmg a waroer for a code violarion concernmg a tent m his backyard In
addihon, Mr Zimmer recerved a code violahon concernmg a tractor parked m h�s yard that �s
covered wrth a tarp The tractor ts utihzed for snow removal Accordmg to the code v�olation,
he had thirty days to take it down Mr Zimmer presented a hst of other code v�olarions m his
neighborhood such as three dead trees on Califarrua Street that were not removed as well as grass
on the railroad property that has not been mamta�ned Mr Zimmer felt that the C�ty was bemg
selective m rts code violations
Councilwoman Bolkcom stated that she contacted Mr Z�mmer to d�scuss this issue She stated
that mspecttons are takmg place by district c�tywide She mformed Mr Zimmer that other
property owners have rece�ved nohces to correct v�olaUons as well
Mr H�ckok said he would set up a meetmg w�th Mr Ztmmer Mayor Jorgenson and
Councdmember Bolkcom said they would attend as well
Council Schneider stated that Councd cannot take action on an �tem that is not on the agenda
Everett Utter, 6084 Woody Lane. Fridley
Mr Utter reported that a storm sewer was mstalled m h�s neighborhood as a result of a request
mitiated by Mrs Nelson and }umself The ground was m good shape before the work was done
It appears that the contractor who mstalled the storm sewer did a decent �ob The retammg wall
was also mstalled with the contractor havmg to enter through Mr Utter's property The retammg
wall property looks beautiful, but Mr Utter's property looks ternble There are some low spots
needmg fill, and the catch basms located on his propeRy need addressmg
Mr Utter requested the City's assistance w�th the contractor to address these issues
Mr Flora, Public Works Director, stated that the retainmg wall contractor �s responsible for
Mr Utter's property Mr Flora suggested that the City contact Mrs Nelson's contractor to clean
up the damage
Mayor 7orgenson provided some background concermng th�s pro�ect The storm sewer work was
mrtiated m response to damage to Mrs Nelson's property dunng the June or July storms
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FRIDLEY CITY COUNCIL MEETNG OF OCTOBER 13. 1997 PAGE S
PUBLIC HEARINGS:
16. PUBLIC HEARiNG ON REZONING REQUEST, ZOA #97-04, BY BOLTON &
MENK FOR FRIENDLY CHEVROLET, TO REZONE PROPERTY FROM M-4,
MANUFACTURING ONLY, TO C-3, GENERAL SHOPPING CENTER,
GENERALLY LOCATED AT 7501 HIGHWAY 65 N.E. (WARD 2):
MOTION by Councilman Schneider to warve the readmg of the public hearmg notice and open
the pubhc hearmg Seconded by Councilman Bamette Upon a vo�ce vote, all votmg aye, Mayor
Jorgenson declared the mot�on carned unammously and the public hearmg opened at 8 07 p m
Mr I�ckok, Plamm�g Coordmator, stated that the petttioner, Bolton & Menk, on behalf of
Fnendly Chevrolet, requested a 2 48 acre property be rezoned from M-4, Manufactunng Only, to
C-3, General Shoppmg Center Distnct If approved, the owner proposes to expand a parkmg lot
for employee and service veh�cles The petitioner �s also processmg a plat and a variance request
The Appeals Commiss�on voted unanimously to recommend approval of this request If the
rezoning is approved, a spec�al use permtt is also required prior to expansion of the use
Friendly Chevrolet is located on Central Avenue The property under consideration �s located
between Central Avenue and Old Central Avenue There is an existmg buildmg that was recently
mod�fied Fnendly Chevrolet would hke to expand the buddmg and the rezonmg is needed to
facilrtate the expansion There is a land swap contingent on Councd's approval of the rezonmg
The parkmg area will be expanded to accommodate customer parkmg and new car mventory
Staffrecommends approval of the request with the following stipulations (I) In order to reduce
the visual impact, several addit�ons to the landscape plan are recommended, (2) Three MarshalPs
Ash shall be mstalled along Fireside Dnve, (3) The barbed wire shall be removed from the fence
along the south property lme, (4) The plat and variance request shall be approved, (5) the
pehtioner shall rece�ve a special use permrt prior to expans�on of the parkmg lot, and (6)
Adequate on-srte employee and customer parlung shall be provided On-street parkmg shall not
be allowed
Councilman Schne�der asked what the net mcrease m parkmg will be Friendly Chevrolet does
not have a lot of customers He asked �f the mtent of the sUpulaUon is to designate a certam
number of customer parking stalls
Mr Hickok stated that the buddmg expansion will correlate with the required parkmg stalls plus
addirional stalls to accommodate the movement of mventory vehicles The C�ty is requirmg that
Fnendly Chevrolet accommodate the parlung of service vetucles, employees and customer
parlang The Plamm�g Comrruss�on recommended stnpmg the streets to prevent parkmg on the
streets Mr Hickok stated that a number of parkmg stalls wdl be allocated for customers based
on the st�pulat�on of the analysis of the s�ze of Yhe facihty and ihe number of customers
Councilwo�nan Bolkcom asked how th�s would address the street parkmg and what would keep
customers off the street Hopefully, there would be good signage to let tlie customers know
where to park
FRIDLEY CITY COUNCIL MEETNG OF OCTOBER 13, 1997 PAGE 9
� Mr Hiokok stated Yhat rt�s the expectation that there will be a display fQr customer parkmg
Along wrth systematic code enforcement, there is an mventory of employee license plates
Employees wdl not be able to park on the street or will be sub�ect to a c�tatton Parlung wdl be
hmrted m order to accommodate the customer who does not want to come to the front door
Mayor Jorgenson asked if that same parking area would be utihzed for customers w�th repairs
Mr Hickok stated that the parinng area behmd the facdity that would be closest to the service
area would be for cars that are bemg serviced The guest stalfs m the front would be clearly
marked for customers
Mayor Jorgenson asked the petrt�oner, Denms Honsa, of Bolton & Menk representmg Fnendly
Chevrolet to respond to Counctl questions Mr Honsa responded that he is currently workmg
wrth staffto meet Yhese requ�rements
Mr Honsa re�terated that customer parlcmg area would be designated Friendly Chevrolet cannot
guuantee that some customers will not park on the street unless rt is posted as a no parkmg area
Service parkmg is ant�cipated at the rear of the facility, and employee parkmg vv�Il be located on-
s�te as well
7eff Brenk, 7490 Central Avenue, is one-third owner of Brenk Brothers Brenk Brothers �s
workmg on the property transfer wrth Fr�endly Chevrolet They do want to mamtam the M-4
� zomng The transfer �s awa�tmg the development agreement addressmg park dedacat�on fees, any
other fees, dramage and pond �ssues, and gradmg plans
No other persons spoke regardmg this rezonmg request
MOTION by Councilman Schneider to close the publ�c hearmg Seconded by Councdman
Barnette Upon a voice vote, all votmg aye, Mayor Jorgenson declared the motion carned
unarumously and the pubhc heanng closed at 8 20 p m
17. PUBLIC HEARING ON A REZONING REOUEST, ZOA #95-05, BY DOLPHIN
DEVELOPMENT AND CONSTRUCTION CO.. INC., TO REZONE PROPERTY
AT 73RD AND UNIVERSTTY AVENUES FROM M-2, HEAVY INDUSTRIAL, TO
C-2, GENERAL BUSINESS. TO ALLOW FOR FUTURE COMMERCIAL
DEVELOPMENT, GENERALLY LOCATED AT 7299 UNIVERSITY AVENUE
N.E. (WARD 1):
MOTION by Councilman Billmgs to waive the readmg of the public heanng notice and open the
publ�c heanng Seconded by Councilwoman Bolkcom Upon a voice vote, all votmg aye, Mayor
Jorgenson declared the mot�on carned unanimously and the public heanng opened at 8 25 p m
' Mr I�ckok, Plaruung Coordmator, presented rezonmg request ZOA #97-OS by Dolphm
Development to rezone property at 73rd and Umversrty Avenues from M-2, Heavy Industrial, to
C-2, General Busmess, to allow for future commerc�al development at 7299 Umversrty Avenue
FRIDLEY C1TY COUNCiL MEETNG OF OCTOBER 13, 1997 PAGE in
� The site consists of 2 4 acres and is currently undeveloped A convemence store with fuel and a
car wash has been identified as a possible use A special use permrt would be requ�red to allow a
motor fuel and/ar car wash operation m the G2 district The Crty's Comprehensive Plan
designates this s�te as a commeroial, not an mdustnal srte Of the nmeteen loopback parcel s�tes m
the City, fifteen are on Uruversity Avenue and four are located on Highway 65 The fifteen
Umversrty Avenue sites are zoned as follows C-3 (4 sites), C-2 (10 srtes}, and M-2 (1 site)
One cntena used to evaluate a rezomng mcludes compatibshty of the proposed use wrth the
proposed district The proposed use of the s�te �s for a general busmess operat�on Motor
fuel(convemence operahons are permitted through the special use pemut provisions of the C-2,
General Busmess Distnct The developer has also d�scussed the potenhal of general office and/or
a medical office complex as potent�al candidates for the site Those uses would be compat�ble
with the distnct
A second cntena is the compatibilrty of the proposed d�stnct wrth ad�acent uses and zonmg The
proposed d�strict, G2, General Business, is compatible w�th ad�acent uses and zomng
The use of the sub�ect parcel as it �s currently zoned would be limited to a small mdustrial user not
requiring expansion space due to the small size of the parce] Other possibiLt�es for this srte
mclude heavy repair garages or automobile serv�ce stations Rezon�ng th�s site to commercial
would allow a w�der vanety of uses whose size and mtensity of land use is more befittmg of the
� stte
Councilman Billmgs asked if the special use perm�t ts readily available He asked what types of
uses are perm3tted w�thout a special use perm�t and what types require a special use permit
Mr Htckok stated that perrrutted uses mclude office facilit�es, corporate offices, theatres, lodges,
commerc�al recreation, bowLng, (not mcludmg massage padors), department stores, retad stores,
restaurants, a mortuary, sexually onented busmesses as defined m the crty code, etc
Councilman Bilhngs clanfied that sexually oriented busmesses cannot be located near parks or m
resident�al areas He asked if a developer wanted to have th�s type of busmess, would they have
to come before Council
Mr Hickok stated that �s correct Examples of special uses mclude taxi, motor fuel operat�ons,
outdoor operations and lubr�cation, storage of recreat�onal or abandoned vehicles, heavy duty
repair garages, employee parkmg, motor vehicle wash establ�shments, unscreened extenor
storage, bars, taverns, arcades, etc
Councilman B�llmgs stated that al] of these busmesses would reqwre another appearance at a
Council meetmg Specifically not mcluded was a repa�r facilrty for railroad trams
' Mr Hickok stated that is correct
FRIDLEY CITY COUNCIL MEETNG OF OCTOBER 13, 1997 PAG_E_ ]]
� Counc�lman B41mgs referred to the srte plan on Page 17 Q8 of the agenda The buddmg is
oriented to face Uruversrty Avenue to get the best v�s�bi6ty off of Umvers�ty Avenue He asked
what the a�ea to the northeast is
Mr L�rckok stated that the area is a berm wrth ash trees and Colorado Blue Spruce utdized to
screen the property
Councilman Billings sYated that there was qmte a bit of discuss�on at the Plannmg Commission
about the property down the road referred to as "the wall " He asked if we have any idea how
much of the buildmg would be exposed
Mr Hickok stated that a typ�cal feature of a comenience store �s a dnve-around to the back door
for deliveries The primary finished face is directed toward Uruversity Avenue
Councilman Bil6ngs asked �f Yhey would budd a hill and build the busmess mto the hilI if the
developer goes with
Mr Hickok sYated Yhat yes, they would
Councilman Schne�der asked for a brief history on the s�te
Mr H�ckok stated that the site has been cons�dered for a number of uses P}vllips Petroleum
� requested a motor fuel and car wash via a special use pennit, bnt they were not able to prevad m
their request There has been an mformal discussion concermng a bank, but no formal request
was generated The Crty did consider the site as a hquor store and did a soil study findmg rt was
not a wetland Af1er d�scussion of a hquor store, the Crty discussed rezonmg
Councilman B�llmgs clanfied that when the Ctty looked at the site for a posstble I�quor store they
tabled the rezomng �ssue
Ma�or Jorgenson asked if there was anyone present m the audience who would l�ke to address the
Council on th�s issue
Mr A1 Quam, 399 73rd Avenue, spoke m support of tlie development of the property if it could
be made compatible with Melody Manor This proposed development is not compat�ble with the
neighborhood, as it �s a late mght business There is no shortage of th�s proposed type of
facdities He felt that �f there must be another gas station m the area then the City should
redevelop the vacant car wash The origmal zonmg of this property has been talked about for a
Iong t�me Non development of the property has not been a problem, and it would not hurt to
wait for a better development
Mr Quam urged Council not to grant the rezomng He felY that if the applicant would come wiYh
� a proposal compahble to the area, the neighborhood would support it A ser�ous party wantmg
rezonmg for a compatible pro�ect would be wdLng to work w�th the neighborhood and the City
Grarting this type of zonmg request is issumg a blank check
FRIDLEY CITY COUNCIL MEETNG OF OCTOBER 13, 1997 PAGE lz
' Counc�lwoman Bolkcom clarified that a car wash and a gas station would require a spec�al use
permrt She asked for examples of what the netghborhood would see as a compat�ble use She
asked if the traffic corrung and gomg would be a concem Gas Stations are less intrusrve and do
try to fit mto the plan Examples wouid mclude 5uperAmenca located at East River Road and
Osborne Road
Mr Quam staYed that sometlung that �s not open late would be compat�ble The e�stmg
developments m the area, such as professional buddtngs, are compat�ble
Councdman Schneider asked if a bank or mortuary would be a good use
Mr Quam stated yes
Mayor Jorgenson asked if the Crty has l�mitations to place on busmesses such as their hours of
operat�on
Mr I�ckok stated that generally, no The City has not as a practtce stopped the operat�on of free
market retail There have been a number of requests for consideration The C�ty looks at the
�mpact
Councilwoman Bolkcom stated that hours were an issue w�th the credit umon
� Councilman Schneider stated that the credrt uruon srte was very similar to th�s issue, as the
ne�ghborhood also was quite concerned with the development There is always a nsk, and
sometimes waitmg can produce better tlungs
Mr Joe Hardmg of Dolph�n Development, attended the Council meetmg m support of the
development pro�ect On Sep2ember 30, ]996, Cou�cil £inaLzed the zomng raquesY AY that
meetmg there was a three to one vote Mayor Nee was not present Without the eighty percent
vote this item was not passed One thmg not said tomght was that Dolphm Development
subrrutted the plan Council was lookmg at as the last opt�on
Mr Hardmg sa�d that he did not have a user for that property as of today Smce he is a
commercial developer he knows the site must be properly zoned before rt can be developed
Tluough the agreement he can perform all the requ�red tasks for a plan and prelimmary bids He
shares the same results with the staff Dependmg on the use, if the rezonmg is approved there
may be a spectal use perrtut required Any given land owner, resident�al, commercial, or industrial
has Yhe right or the pnvilege to sell or to develop the property However, they must work wdlun
the g�ven laws and codes The comprehensrve plan shows thxs site as commerctal Accordmg to
current law, the comprehensive plan takes precedent over commerctal Mr Hardmg would like
Council's considerat�on of this plan Mr Hardmg is not askmg for a review of tlus plan at this
t�me He is askmg for rezomng of the site
� Mayor Jorgenson asked if the comprehensrve plan was m place when this plan was des�gnated
She also requested legal mput
FRIDLEY CITY COUNCIL MEETNG OF OCTOBER 13, 1997 PAGE �3
� Mr I�ckok stated that the plan designation was presented m the 1980's, and the Comprehensive
Plan was presented in1990
Mr Knaak stated that there has been a change m the fundamental aspect of comprehens�ve plans
m Mmnesota If there was a conflict between a comprehens�ve plan and zomng code, a zomng
code always prevaded That has been mod�fied In essence you are requ�red to modify your
zomng code to the comprehensive plan
Ms Carol Schriver, 7399 Lyric Lane, presented a pehtion wrth seventy signatures to Council
ob�ecring to the plan There were �ust two people who refused to sign the petition
MOTION 6y Councilman Bilhngs to rece�ve Petit�on 6-1997 ob�ectmg to the rezomng of Outlot
A, Reg�stered Land Survey No 78, located on the southeast corner of 73rd Avenue and
Uruversity Avenue, from M-2 to C-2 Seconded by Councdman Barnette Upon a voice vote, all
votmg aye, Mayor Jorgenson declared the motion carried unammously
Ms Schr�ver stated that the ob�ection to rezomng is based on the addrtional traffic to an already
busy mtersect�on The face of the Melody Manor neighborhood �s changing with a greater
number of famihes wrth small cluldren m the ne�ghborhood whose safety wdl be directly impacted
by the �ncreased traffic Therefore, the residents urged Councd to re�ect the application for re-
zomng In addrtiort, a lot of people avoid the traffic on Umversity Avenue 6y passing through
� Melody Manor malung tlus a real safety issue To develop the srte �s not the issue A dental
office, law office, or somethmg with l�mited traffic would not affect the neighborhood Their
concern wrth rezorung �t, is wrth respect to the development The developer will �o with the
highest bidder, not with the plan that �s most compatible to the neighborhood Ms Shriver would
hke ta see the large trees remam standm� w�th th�s development
Mr David Druck, Representmg the Property Owned by Canadian Pacific, stated that the company
has been gomg through tlus process for a long time His concem �s about developmg property
with regard to a heavy mdustrial zoned property No one would like to see a heavy mdustnal
development R�ght now the res�dents are bemg given the choice between a convemence store
and a rendermg plant They hope to address the issue to eventually develop this property The
Canad�an Pac�fic acqu�red the property by land d�v�dends It was time to develop this parcel many
years ago The developer has been very patient and has shown every indicahon of going forward
to resolve the issues
No other persons spoke regardmg thts proposed rezonmg request
MOTION by Councilman Bilhngs to close the pubLc hearmg Seconded by Councdwoman
Bolkcom Upon a voice vote, all votmg aye, Mayor Jorgenson declared the mahon carned
unammously and the pubLc heanng closed at 9 10 p m
�J
FRIDLEY CiTY COUNCIL MEETNG OF OCTOBER l3, 1997 PAGE 14
� 18. PUBLIC HEARTNG ON A REZONIlVG REOUEST, #97-06, BY FRANK
MASSERANO. III. TO REZONE PROPERTIE5 FROM R-1, SINGLE FAMII,Y
RESIDENTIAL, AND C-3, GENERAL SHOPPING CENTER. TO CR-1,
GENERAL OFFICE, TO ALLOW CONSTRUCTION OF AN OFFICE
BUILDING, GENERALLY LOCATED AT 63RD AVENUE AND EAST MOORE
LAKE DRIVE (WARD 2):
MOTION by Councilman Billmgs to open the publ�c heanng Seconded by Councdwoman
Bolkcom Upon a voice vote, all votmg aye, Mayor Jorgenson declared the motion camed
unammously and the pubhc hearmg open at 9 10 p m
Mr H�ckok, Plannmg Coordmator, reported that th�s is a rezomng request located m the
southwest quadrant of East Moore Lake Dnve and 63rd Avenue Frank Masserano III zs
requeshng a change m zonmg from R-1, Smgle Famdy Residential, and C-3, General 5hoppmg
Center, to CR-1, General Office If approved, the developer will build a 3,022 square foot office
buildmg Mr Masserano's butldmg will house the Intemational Mmistenal Fellowship A
residential area and Moore Lake Shoppmg Center are �ust south of the site The site consists of
5 45 acres which �s currently undeveloped A professional office buddmg designed w�th
res�dent�al character has been proposed for tivs development s�te The City's Comprehensive Plan
designates this srte as a redevelopment disYrict, and a portion of the site �s resident�al A mmor
amendment to the plan was discussed Compatibility of the proposed use is for general office use
� This is compatible with the dtstricC The CR-1 d�strict was created to provide a trans�t�on between
commercial and resident�al propert�es As such, this site would provide a compatible transrtion
Mr I3�ckok stated that the Plamm�g Commiss�on recommended approval of this rezonmg request
wrth three shpulat�ons (1) approval of VAR #97-18, (2) a new landscape plan will be required
and shall be approved by staff prior to issuance of a bwldmg perm�t, and (3) a Comprehensive
Plan amendment will be required to reflect a commercial designatton (to be completed as part of
the C�ty's overall Comprehensrve Plan amendments)
Mr Hickok sa�d staff concurs wrth the recommendahon of the Plamm�g Commiss�on
Mr Masserano stated that the property has a row of trees wrth a small area m the middle that is
open The developer plans to request that an 8 foot pnvacy fence be constructed by the
homeowner The plan is to keep the row of trees and to move the fence up 18 mches to
accommodate the homeowner Additional pme trees have been offered to the homeowner The
second photograph of a service provided shows the height of the proposed pnvacy fence The
last photograph was an example of the S foot pnvacy fence at the credit uruon taken from the
resident's side
Mr Masserano wdl be bwldm�, developmg and leasmg the property as a prrvate busmess A
zonmg variance has been requested The lot is very small and has stood vacant with grass wa�st
� lugh for many years By the time the offsets for commercial buildmg are required, plus the
parkmg requests, a developer could end up wrth about 2,400 square feet He has not asked for a
vanance all the way around the buildmg
FRIDLEY CITY COUNCIL MEETNG OF OCTOBER 13, 1997 PAGE 15
� No other persons spoke regardmg th�s proposed rezomng request
MOTION by Councilman Schneider to close the public hearmg Seconded by Councilman
Barnette Upon a voice vote, all votmg aye, Mayor Jorgenson declared the motion carned
unammously and the pubhc hearmg closed at 9 20 p m
OLD BUSINESS
2. ORDINANCE NO. 11U5 TO AMEND THE CTTY CODE OF THE C1TY OF
FRIDLEY, MINNESOTA, BY MAKING A CHANGE IN ZONING DISTRICST
(REZONING REOUEST, ZOA #97-03, BY THE CITY OF FRIDLEY,
GENERALLY LOCATED AT THE NORTHEA5T CORNER OF 61ST WAY AND
EAST RIVER ROAD) (WARD 3):
Councilman Billings stated that he requested this �tem be removed from the consent agenda He
voted agamst on the first readmg of th�s ordmance and he wishes to remam consistent in his vote
MOTION by Councilwoman Bolkcom to wa�ve the second readmg and adopt Ordmance No
1105 on the second readmg and order publ�cation Seconded by Councilman Billmgs Upon a
voice vote, Mayor 7or�enson, Councdman Barnette, Councilman Schneider and Councilwoman
Bolkcom voted m favor of the morion Councdman Bdlmgs voted agamst the motion Mayor
� 7orgenson declared the motion carried
NEW BUSINESS:
5. RESOLUTION APPROVING A SUBDIVTSION, LOT SPLTT, L.5. #97-03, TO
CREATE TWO RESIDENTIAL LOTS ON LOTS 4. 5, G, AND 7, BLOCK 4,
HAMILTON'S AADTTION TO MECHANICSVILLE. GENERALLY LOCATED
AT 5616 FOURTl3 STREET N.E. BY RAY KAHL) (WARD 1):
Councilman BdLngs stated Yhat he wished to ask the Plannmg Cornmission for clarificaUon on
E�ubit A of the Resolution
Ms Dacy, Commuruty Development Director, stated that for clanficat�on, on Page 5 06 Exhibit
A, No 2, delete the second and tlurd sentence, "The fee for tract A shall be paid at the ttme of
issuance of a buildmg permit The petit�oner shall work with staff to arrange payment for the fee
for Tract B" Exhib�t A, No 2 should read, "A park dedicahon fee of $750 for Tract A shall be
pa�d '
MOTION by Councilman Billmgs to amend Exhibit A, No 2 to state, "A park dedicat�on fee of
$750 Tract A shall be paid" Seconded by Councilman Schneider Upon a vo�ce vote, all votmg
aye, Mayor Jorgenson declared the motion carned unarumously
��
FRIDLEY C1TY COUNCIL MEETNG OF OCTOBER 13, 1997 PAGE t6
� MOTION by Councilman Billmgs to adopt Resolution No 78-1997 Seconded by Counal-
woman Bolkcom Upon a vo�ce vote, all votmg aye, Mayor Jorgenson declared the mot�on
carned unarumously
6. RESOLUTION NO. 79-1997 ELECTING TO CONTINUE PARTICIPATING IN
THE LOCAL HOUSING INCENTIVES ACCOUNT PROGRAM UNDER THE
METROPOLI`PAN LIVEABL� COMMUNTTIES ACT FOR CALENDAR YEAR
1998:
Counc�lmao Bilhngs stated that he requested this �tem be removed from the consent agenda Yo
recommend that "Crty of Fridley" be inserted m the parenthetical area
MOTION by Councilman Billmgs to amend the statement, "Now, therefore, be �t resolved that
the Gty of Fndley hereby elects to participate m the Local Housmg Incentrves Program under the
Metropolitan Lroable Commumt�es Act durmg the calei�dar year 1998 " Seconded by Counctlman
Barnette Upon a vo�ce vote, all votmg aye, Mayor Jorgenson declared the motion carned
ur�animously
MOTION by Councdman Billmgs to adopt Resolurion No 79- I 997 wrth the followmg change
Now therefore be it resolved by the City of Fndley hereby elects to participate m the Local
Housmg Incent�ves Program under the 1Vletropol�tan L�vable Commumhes Act durmg the year
� 1998 Seconded by Councdman Schneider Upon a votce vote, all votmg aye, Mayor Jorgenson
declared the motton carried unammously
12. RE50LUTION DESIGNATING TIIVIE AND NUMBER OF COUNCiL
MEETINGS (1947):
Councilman Bdlmgs stated that he requested th�s rtem be removed from the consent agenda to
determme if Council we meet m conference sessions on the actual dates hsted Councilman
Billmgs did not venfy the dates wrth his calendar
Mayor Jorgenson stated that some of the meetmg dates did change She requested that staff
compare the meetmg dates
MOTION by Councilman B�lhngs to table the resolution des�gnahng time and number of Councd
meetings until October 27, 1997 Seconded by Counc�hnan Schneider Upon a voice vote, all
votmg aye, Mayor Jorgenson declared the motion carned unammously
NEW BUSNESS:
19. RESOLUTION NO S1-1997 APPROVING A PLAT. P.S. #97-U3, FRIENDLY
CHEVROLET (TO RESUBDIVIDE TIiREE UNPLATTED LOTS INTO THREE
� LOTS. GENERALLY LOCATED AT 7501 HIGAWAY 65 N.EJ (WARD 2)
Mr Hickok, Plamm�g Coordmator, stated that the request was made by Bolton & Menk on behalf
FRIDLEY CITY COUNCIL MEETNG OF OCTOBER 13, 1997 PAGE ] 7
� ofFriendly Chevrolet The pehtioner requested a prelimmary plat entitled "Friendly Chevrolet" to
be approved to re-subdiv�de three ex�stmg unplatted lots totalmg 16 36 acres mto three lots -- one
for Fnendly Chevrolet (8 87 acres), one for Brenk Brothers, 7490 Central Avenue (3 32 acres),
and a vacant lot (2 18 acres) Addit�onal land is bemg dedicated for nght-of-way purposes for the
service road, Fireside Dnve and Central Avenue If approved, Friendly Chevrolet proposes to
expand the�r parkuig area on the addrtional land w}vch will be gamed by the subdrv�sion They are
also processing rezomng and variance requests
�
�
The three platted lots meet irvmmum reqmrements of M-4 Manufacturmg and C-3, General
Shoppmg Center A shared dramage pond �s proposed as part of the plat A dramage or pond
easement should be dedicated on the plat m the area ofthe detent�on pond A shared mamtenance
agreement for the pond is also requued A park dedication fee will be required for each of the
new lots
Mr H�ckok stated that Fnendly Chevrolet owns a flag shaped parcel vv�th two different zonmg
des�gnations, M-4 and C-3 The Brenk Brothers own the square wh�ch will result m a lot swap
A �otnt storm water detent�on pond is proposed between the two propert�es which addresses
future development Park dedicatton fees are requ�red The proposed plat meets zonmg
reqwrements Staff recommended that the Plannmg Comm�ssion recommend approval of the
prehrrunary plat, "Fnendly Chevrolet," w�th four sripulat�ons (1) a dramage or pond easement
shall be mdicated on tl�e final plat m the area of the proposed detention pond, (2) park ded�caYion
fees shall be pa�d (a) Fnendly Chevrolet $8,886 68, (b) Brenk Brothers $5,560 42, and (c)
Vacant Lot $2,188 34, (S) a shared pond mamtenance agreement shall be recorded agamst both
properties, and (4) the rezonmg and vanance requests shall be approved
Councilman Schneider
agreement, if necessary
were to buy it out
asked how the Crty would enforce the shared pond mamtenance
He also wanted to know what leverage would the Crty have if someone
NL- Flora, Public Works Director, stated that the agreements are a matter of public record
recorded with the County He also said that the Crty has an enforcement process
Mr Knaak, Crty Attorney, stated that tlus enforcement process does work, and there are a var�ety
af inethods to do tlus
Councilman Barnette asked if a future owner is obhgated to honor the requirements on the shared
lot
Mr Flora stated that is correct
Gouncilman Billmgs asked if there were only two lots when th�s proposal was brought before the
Plannmg Comm�ssion One of the properiy owners has asked rt be three lots, so rt would be
correcY to state that this action would be for all three lots
FRIDLEY CITY COUNC7L MEETTiG OF OCTOBER 13, 1997 PAGE ls
� Mr ILckok stated that is correct Without a building perm�t, the C�ty would require that state
park dedicahon fees be paid at the time of the final plat
Councilman Schnetder asked who would pay the fees for the vacant lot
Mr Hickok stated that Brenk Brothers would pay the vacant lot fees
Ms Dacy clanfied thaY at building perm�t time, Brenk Brothers would pay for the park fees on the
vacantlot
Councilman Schneider stated t6at park dedication £ees would be paid for as follows Lot 1 paid
by Friendly Chevrolet m the amount of $8,886 68, Lot 2 paid by Brenk Brothers m the amount of
$5,560 42, and Lot 3 paid by Brenk Brothers m the amount of $2,188 34, at or before issuance of
buildmg permrt
Counctlman Billangs stated that the park dedication fees on Page 19 OS and 19 O1 of the agenda
book are different He asked which one was correct
Ms Dacy stated that the amounts l�sted on Page 19 OS are correct
MOTION by Councilman Schneider to adopt Resolution No 81-1997, wrth a modiScat�on to
� Stipulation No 3 to read A shared paid mamtenance agreement shall be recorded agamst all
properties 5econded by Councilman Barnette Upon a voice vote, all votmg aye, Mayor
Jorgenson declared the mot�on carned unammously
20. FIRST READING OF AN ORDINANCE TO AMEND THE CITY CODE OF THE
CITY OF FRIDLEY. MINNE50TA, BY MAKING A CHANGE IN ZONING
DISTRICTS (REZONING REOUEST. ZOA i�97-04, BY BOLTON & MENK ON
BEHALF OF FRlENDLY CHEVROLET TO REZONE PROPERPTY
GENERALLY LOCATED EAST OF 7501 HIGHWAY G5 N.E.) (WARD 21:
Mr Hickok stated Yhat t}us is a compamon document to the plat request The Plaruung
Comnvssion conducted a pubhc hearmg regardmg this rezonmg request at rts October 1, 1997
meeting No one was in attendance rega�dmg tlus request The Plannmg Comm�ssion
unammously recommended approval of the request to the Council w�th the followmg stipulattons
(1) barbed vinre shall not be mstalled on the extended fence and shal] be removed from the ex�stmg
fence, (2) three MarshalPs Ash, spaced evenly, shall be mstalled along Fueside Dnve m addrtion
to the proposed hedge, (3) the plat and vanance request shall be approved, (4) the petitioner shall
receive a spec�al use permit prior to expansion of the parking lot, (5) addit�onal hedge matenals
shall be mstalled along Fireside Dnve m the area of the "o1d" parkmg lot, (6) adequate on-site
employee and customer pazkuig shall be provided, on-street parkmg shall not be allowed The
petttioner shall provide adequate customer parkmg signage as agreed to w�th City staff The
� request meets the three cnter�a used to evaluate rezomng requests StafF recommends that
Council approve the first readmg of the attached ordmance rezonmg the praperty ad�acent to
7501 Highway 65 from M-4 Manufacturmg Only, to C-3, General Shoppmg Center
FRIDLEY CITY COUNCIL MEETNG OF OCTOBER 13, 1997 PAGE ]9
� Councilman Schneider stated that Council has already spoken earlier on Shpulation No 6 that
adequate on-site employee and customer parkmg shall be provided and that on-street parkmg shall
not be allowed
MOTION by Councilman Schneider to strike Stipulation No 6 to reflect the previous discussion
that adequate on-srte parkrng will be agreed to wrth C�ty staff determmmg the correlation of the
requ�red parlung stalls plus addihonal stalls to accommodate the movement of inventory vehicles,
as well as accommodate service velucles, employees and customer parkmg On-street parkmg
shall not be allowed Seconded by Councilman Barnette Upon a voice vote, all vot�ng aye,
Mayor 7orgenson declared the mot�on carned unammously
�
�
MOTION by Councdman Schneider to wawe the reading and approve the ordmance on first
readmg sub�ect to six st�pulations Seconded by Council�nan Barnette Upon a voice vote, all
votmg aye, Mayor Jorgenson declared the motion carried unan�mously
21. VARIANCE REOUEST, VAR #97-15. BY BOLTON & MENK, ON BEHALF OF
FRlENDLY CHEVROLET. TO REDUCE THE HARD SURFACE SETBACK
ALONG A PUBLTC RIGHT-OF-WAY FROM 20 FEET TO 7 FEET; TO REDUCE
THE HARDSURFACE SETBACK FROM THE SIDE AND REAR LOT LINES
FROM 5 FEET TO 0 FEET: AND TO WAIVE THE REOUIREMENT FOR CURB
AND GUTTER ALONG THE NORTH EDGE OF A PARKING LOT,
GENERALLY LOCATED AT 7501 HIGHWAY 65 N.E. (WARD 21:
Mr H�ckok, Plamm�g Coordmator, stated that Bolton & Menk has requested that three vanances
be granted (1) to reduce the hard surface setback along a publ�c right-of-way from 20 feet to 7
feet, (2) to reduce the hard surface setback from the s�de and rear lot lmes from 5 feet to 0 feet,
and (3) to warve the requirement for curb and gutter along the north edge of a parkmg lot A
previous variance was requested on this site
The pet�t�oner is requestmg a vanance to reduce the parkmg setback from the pubhc nght-of-way
from 20 feet to 7 feet on F�reside Dnve The pet�tioner has stated Yhat they would l�ke to meet
the exisUng curb hnes As Ylus parkmg lot is being constructed on vacant ]and, rt is appropnate to
deny the vanance and construct the �mprovement m a way that conforms to the code The code
requirements do uot create an undue l�ardship, and the site is not unique when compared to other
propert�es m the vicimty The property to the east has a 40 foot setback, and this would be a
graduat�on between the ex�shng dealership and the ad�acent property The reducrion of parkmg
spaces created by complying w�th the setbacks does not adversely �mpact the site The site
prov�des 586 spaces before the expansion, 390 more than required by code
The mcreased setback prov�des add�t�onal space for trees and adddional landscapmg Because of
prev�ously granted variances and the use of the land, there is very Irttle opportumty to have
landscapmg to enhance the site and mmirruze the harsh appearance of acres of asphalt The City
has previously granted vanances to reduce the hard surface setback from the publ�c right-of-way
to 0 feet
FRIDLEY CITY COUNCIL MEETNG OF OCTOBER 13. 1997 PAGE zo
� The petitioner also requests that a variance be granted to reduce the hard surface setback from 5
feet to 9 feet along the norCh s�de lot lme The Crty prev�ously granted th�s vanance to the
property to reduce the hard surface setback m the area where parkmg ts shared with the property
to the noRh In the area of the requested vanance, there is no shared parkmg The butldmg to the
north is located 5 5 feet from the property ]me, and �t would be appropriate to provide 5 feet of
green space on the sub�ect property for aesthet�c purposes The petittoner has an opportumty to
meet code requirements The land is vacant, and the site �s not umque when compared vv�th other
industnal parcels
Finally, the petitioner is requestmg that the City grant a variance to waroe the curb and gutter
requirements for that portion of the property ad)acent to the north property hne A variance was
granted to this property to temporanly waive the curb and gutter requ�rement along the south side
of the e�stmg parkmg ]ot The requirement was permanently wa�ved along the north s�de as the
property share parlcing with the ad�acent property to the north On the expanded parkmg lot,
however, there is no shared parkmg and no purpose to waroe the curb and gutter requ�rement
Staff recommended that the Appeals Commission recommend demal of the request to Council
The Appeals Commission voted unarumously to recommevd approval of the request to the C�ty
Council with the followmg stipulation The related p1aC, rezomng, and spec�al use perm�t requests
shall be approved Staff recommends that Council concur w�th the staff recommendatton and
deny the variances as requested
� Councdman Schneider staYed that he has a problem wrth the variai�ce request to waive the curb
and gutter requirements The ongmal request was to g�ve the petitioner time to address the
development plans Now Counc�l needs to get the developer as close to code compltance as
possible It was understood that this was a temporary measure
Mr Denms Honsa, Bolton & Menk, stated that the existmg site is 600 feet long He �s only
acquinng 200 feet to the east He would like to have the 7 foot setback along the existmg lot
configuration To remstall an existmg l�ght post costs about $2,500, each and there about twenty
l�ght poles If they �og the ex�stmg parkmg facil�ty they wdl need to r�stnpe and move light poles
to realign the parkm� lot
Mr Htckok stated that this has not been an element of the discuss�ons with staff
Mr Honsa sta�ed that the Yraffic pattems would also be mterrupted due to the locarion of light
poles He also talked about curb and gutter �ssues
Councilman 5chneider agreed that there would be a �og m traffic patterns at some pomt He
wondered what difference it would make
N(r Honsa stated that the property purchased on the north s�de, (the swap with Brenk Brothers),
is an attempt to bnng a uniform look R�ght now they have seven feet, and if they go all the way
� over to the left to develop rt they would be spendmg a lot of money on this The pond runs north
and south takmg up a lot of parkmg
FRIDLEY CITY COUNCII. MEETNG OF OCTOBER 13, 1997 PAGE Zi
� Mayor Jorgenson stated that the pond addresses the fact that most of the lot is asphalt, and �t also
addresses the dramage issue
Councilman Schneider asked the developer why the City would need to expand the vaz�ance �f the
Ctty expands the use The cons�stency of an ordmance is at �ssue There reatly is not a hardship
on th�s new property
Mr Honsa stated that that they would have to redes�gn parkmg stripes and l�ght posts They are
trymg to get as many stalls as possible When the traffic is run stra�ght, that would maximize the
number of usable stalls Part of the condition on this vanance is for addrtional landscapmg
Councilman Schne�der asked �f Bolton & Menk were wilLng to work wrth staff to address th�s
Councilman Bfllings requested clarification if the Lght poles are on the 7 feet off set He asked
where the drrvmg lane would be and what direction the cars would face as they parked �ust north
the cars on the 200 foot extension
Mr Honsa stated that the l�ght poles are positGOned m the second row of the parkmg IoY The
dnving lane is �ust north of the parlang stalls The front of the car faces Fireside These cars also
face north and south Plans to expand the building and shift the employee parkmg will be
addressed Their goal was to have employees offFires�de Dnve
� Mr Flora asked what the difference was m the w�dth of the lot on either end
Mr Honsa stated that gotng out to where the plat is, the w1dTh is 534 and then 532
Councilman Btllmgs stated �t appears that there is a 50 foot difference in the width If the 20 feet
ofgrass space were to be kept on the new 200 feet, you could taper from the current property line
to the west and blend the Ime mstead of havmg the 20 foot�og
Councilman Schneider stated that the developer has done a great �ob on the property There is a
set of codes that the Crty tries to have everyone comply with The City has addressed the
hardship tn the past and felt that Yhis did not prevent the petitioner from domg the work they want
to do He recommended that the developer mrttgate wrth staff on these vanances
Mr Honsa staYed that if they went wrth Council's suggest�on of a transrtion, they would still need
a vanance The hard surface setback request was for a common dnveway for both property
owners
Councilwoman Bolkcom stated that tt d�d not make sense to contmue tivs hardshtp variance on
the dnveway 5he also recommended that the developer meet w�th staffto work out this issue
� Councilman Sohneider stated that the hardship is based on Yhe fact that Che CiCy granted the
variance He did not know why the developed property would not have curb and gutter The
variance was based oi� the fact that the developer did nat know wliat they were going to do wzth
FRIDLEY CITY COUNCII. MEETNG OF OCTOBER 13, 1997 PAGE z2
� the property It did not make sense to mstall curb and gutter back then Now that the developer
knows what they are gomg to do wrth the property, they should comply and mstall curb and
gutter
Mr Honsa stated that he sees no reason why they should have curb and gutter based on the 1996
vanance
Counc�lman Billmgs recommended that the petitioner look at minutes fi-om the Councd meetmg of
May 1996 concermng the development plans
MOTION by Councilman Schneider to table Vanance Request, VAR #97-15, by Bolton & Menk,
on behalf of Priendly Chevrolet and refer it to staff for consideration Seconded by Councdman
Barnette Upon a voice vote, all votmg aye, Mayor Jorgenson deciared the motion carned
unantmously
22. FII2ST READING OF AN ORDINANCE TO AMEND THE C1TY CODE OF THE
CTTY OF FRIDLEY. MINNESOTA BY MAKING A CHANGE IN ZONING
DISTRTCTS (REZONING REOUEST, ZOA #97-05, BY DOLPHIN
DEVELOPMENT AND CONSTRUCTTON CO.. INC., TO REZONE PROPERTY
GENERALLY LOCATED 73RD AND UNIVEKSITY AVENUESI (WARDl):
� Mr I3ickok stated that tivs is a comparuon rezomng request to the discussion to rezone property
from M-2 Heavy Industrial, to G2, General Busmess The Plamm�g Comrruss�on conducted a
pubhc heanng regardmg this rezonmg request at its October 1, 1997, meetmg Seven residents of
the Melody Manor neighborhood spoke about this �ssue The speakers were generally opposed to
development on the srte at 73rd and Umversity Avenues Council must act on thts item by
October 28, 1997 accordmg to the S�xty-Day Agency Action Law
Councilman Schne�der noted that he will vote m favor of this request, reluctantly acknowledging
the comments of the developer If a spec�al use permrt comes through, the burden falls on the
CiYy to deny the request
Councilman Billmgs said he would support the rezonmg Other areas along Univers�ty Avenue
are similarly created and shaped as G2 There is a conflict between our Comprehensrve Plan and
the Zonmg Ordmance The City did not get a defimtive response from counsel If �t were to go
before a state �udge, Councilman Billings bel�eved rt would be determined to be mdustnal The
ne�ghborhood stated that they would hke to see a bank or a funeral home wluch �s C-2
compat�ble
This item has been before Council a few times The railroad has tned to market the property for
quite some time What happens is that the property has been deterrmned flawed, and the
developers are takmg a rat�onal approach to the property Developers are afraid to get too far
� down the process pnor to rts zonmg The developer was to get the zonmg m order to proceed It
is common knowledge that tlus developer wants to conYrol Yhis site, and he has typically worked
with gas stations and converuence stores There is probably more than a fifty percent chance that
FRIDLEY CITY COUNCIL MEETNG OF OCT06ER 13, 1997 PAGE 2s
� the developer will be here requestmg a special use pennrt Council may be able to place some
control on the s�te via landscapmg, etc If it were to be a bank with the proposal as shown, it is a
very good concept mrtigating the impact on the ne�ghborhood
Councilwoman Bolkcom stated that a better development can come along L�ghtmg and other
controls can be addressed even if a converuence store were proposed
Councilman Barnette stated that he will vote m favor of the motton Council srill has some
controls concermng the future development
MOTION by Councilman Billings to wa�ve the readmg and approve the ordmance on first
readmg Seconded by Councilwoman Bolkcom Upon a vo�ce vote, all votmg aye, Mayor
Jorgenson declared the motton carned unarumously
23. FIRST READING OF AN ORDINANCE TO AMEND THE CITY CODE OF THE
CITY OF FRIDLEY. 1VIINNESOTA. BY MAKING A CHANGE 1N ZONING
DRIVE) (WARD 2i:
Mr H�ckok, Plannmg Coordmator, stated that the Plamm�g Comm�ssion conducted a pubhc
hearmg regardmg this rezonmg request at rts October 1, 1997 meetmg One future and one
� current res�dent of the ad�acent ne�ghborhood spoke on this issue The speakers were generally
supportive of the development on the site at 63rd Avenue and Moore Lake Drive Issues such as
buddmg design, buildmg he�ght, and landscape screening were discussed
Staff recommends that Councd approve the first readmg of the ordmance rezonGng the property at
the southwest corner of 63rd Avenue and East Moore Lake Drive, from R-1, Smgle Farrvly
Residential and C-3, General Shopping Center, to CR-1, General Office
M�TION by Councilman Schneider to waroe the readmg and approve the ordmance on first
readmg wrth the followmg three stipulations (1) approval of VAR #97-18, (2) a new landscape
plan will be required and shall be approved by staff prior to issuance of a bwldmg perm�t, and (3)
a Comprehensive Plan amendment wdl be requ�red to reflect a commercial designarion (to be
completed as part of the City's overall Comprehensive Plan amendments ) Seconded by
Councilman Barnette Upon a votce vote, all voting aye, Mayor Jorgenson declared the motion
carried unammously
24. RESOLUTION NO 82-1997 APPROVING A VACATION SAV #97-01,
GENERALLY LOCATED AT G017 THIltD STREET N.E. (BY MARGARET
REED) (WARD 3):
� Ms Dacy, Commumty Development D�rector, stated that three property owners along the east
side of Tlvrd Street north of 60th Avenue are petitiomng for an alley vacation along the rear of
the�r properties abuYtmg Umverstty Avenue This request is simdar to a request wh�ch was filed
FRiDLEY CTTY COUNCIL MEETNG OF OCTOBER 13, 1997 PAGE 2a
� by a property owner further north m the same block m 1987 The sub�ect property cons�sts of
three parcels located at 6007, 6011 and 6017 Tlvrd 3treet N E Two of the three properties
(6007 and 6011) receive access from 60th Avenue and Th�rd Street The properCy at 6017 Third
Street has been usmg the alley to gam access to the garage at the rear of the property The
property owner at 6017 Third Street is Margaret Reed who mtends to construct a new driveway
from Tlurd Street to a new garage at the rear of the property She has spoken to the neighbors
Michael Pestello at 6011 Thtrd Street and Antomette Ferdehnan at 6Q07 Third Street The three
have �omtly signed a petrtion to vacate the 12 foot alley at the rear of the three IoYs
There is an overhead Northern States Power power Lne wluch runs along the alley As was done
with the previous apphcat�on, a publ�c dramage and utilrty easement covermg the entire 12 feet
should be retamed m order to provtde an access for public utilit�es The alley vacation itself does
not pose any adverse concerns to the abuttmg owners who are petrtiomng for th�s request The
owners, however, need to be aware of the sigruficant legal process which wdl ensue as a result of
the vacat�on procedure The process which needs to occur is based on stafFs experience w�th the
previous vacation request by Wayne Johnson Although he mitiated �n 1987, the matter was not
concluded until 1992 because of Yhe variety of legal issues and the number of property owners
affected by the case
The Plannmg Commission has recommended the approval of the vacat�on request sub�ect to the
followmg stipulations (l) The petrtioners agree to provide a 12 foot wide pubhc dramage and
utility easement along the entire length of the alley, (2) The peUtioners are responsible for the
� appropnate memonal�zation processes requ�red to properly attach the 12 foot alley to each of the
sub�ect propert�es, (3) The area now used as an alley shall be converted to Iawn/grass area no
later than one year after aomplet�on of the memonalization process, (4) Veh�cles shall not be
stored on the vacated alley, and must be parked m conformance w�th City Code, and (5) The
petrt�oners shall provide the correct legal descnption of the alley to be vacated, includmg the
trtangular-shaped property next to 6007 Third Street
�
Ms Dacy stated Yhat Shpulation No 5, requeshng the petitioners provide the correct legal
description of the alley to be vacated, mcludmg the tnangular-shaped property next to 6007 Third
Street should be removed because tt has already been done
MOTION by Councilman Billmgs to amend Resolution No 82-1997 stnkmg Stipulation No 5
Seconded by Councilwoman Bolkcom Upon a vo�ce vote, all votmg aye, Mayor Jorgenson
declared the motion carried unammously
MOTION by Councilman Barnette to adopt Aesolution No 82-1997 Seconded by Council-
woman Bolkcom Upon a vo�ce vote, all votmg aye, Mayor Jorgenson declared the mot�on
carried unan�mously
FRIDLEY CITY COUNCII. MEETNG OF OCTOBER 13, 1997 PAGE zs
� 25. SPECLAL USE PERMIT, 5P #97-07. BY PAUL LITWINCZUK, TO ALLOW A
SECONDARY ACCESSORY STRUCTURE. GENERALLY LOCATED AT 6291
CENTRAL AVENUE N.E. (WARD 2):
Mr Hickok, Placuung Coordinator, stated that the petitioner is requestmg a special use permit to
allow a second accessory structure at 6291 Central Avenue which is m the southeast corner of
Rice Creek Road and Central Avenue The petitioner has recently constructed a new home with
an attached garage The proposed second accessory structure is an existmg 360 square foot
garage which was built m 1973 The petrtioner proposes to keep the strucYure m its current
location, and he would 6ke to re-side and re-roof rt to match the new dwellmg
Mr fLckok stated that a buddmg permit was issued for the new dwelhng on May 28, 1997 A
demolition permrt to remove the dwellmg constructed m the 1930's was obtamed on October 20,
1995 The petitioner was c�ted for lack of properly completmg the demolit�on pro�ect by not
fillmg the hole left by the foundat�on A bench warrant issued for the petrtioner's arrest was
recently dtsmissed g�ven the petitioner's construct�on of the new home A special use permrt in
1995 for a second accessory structure was granted sub�ect to three stipulatrons A variance was
also approved m 1995 to perrrut an ex�stmg encroachment by the former structure The 1995
special use perm�t lapsed given the pet�t�oner's demolit�on of the origmal structure and
construct�on of a new home
� Mr Hickok stated it is staff's understandmg that the garage is to be used for storage purposes and
not to be a garage for vehicular storage Therefore, the typical requirement for a hardsurface
dnveway is not recommended, and m rts place �s a sUpulation to prevent access to Rice Creek
Road Staff recommends a"double door" as opposed to an overhead door to rrurumize the
garage appearance and promote a more appealmg storage appearance All gradmg, dramage and
downspout locations shall be designed m a matter to prevent detnmental runoff impacts to
ad�acent propert�es All veh�cles shall be stored on a hardsurface as approved by the C�ty S�d�ng
and roofing matenals shall match the exterior of the new dwellmg A$20,000 letter of credit shall
be subm�tted pnor to �ssuance of a movmg/building permrt to msure rimely completion of the
pro�ect Fadure to complete the pro�ect by October 1, 1998, shall constitute a bas�s for
establishmg a pubhc hearmg to revoke the special use permit
�
The Plannmg Commission voted to recommend approva) of the request to the City Council The
Commission replaced Stipulation No 3 to read "The structure shall not be used for a home
occupaUon " Stipulatton No 5 was also amended to read "An overhead garage door shall be
mstalled " The word "movmg" was deleted from Stipulation No 6 Staff recommends that
Council concur with the Planning Comttvssion action
Mr I-Uckok stated that the s�xty-day vv�ndow is October 28, 1997
MOTION by Councilman Schneider to Yable Spectal Use Permrt, SP #97-07, by Paul Litwmczuk
Seconded by Councdwoman Bolkcom Upon a voice vote, all votmg aye, Mayor Jorgenson
declared the mot�on carried unammously
FRIDLEY CiTY COUNCIL MEETNG OF OCTOBER 13, 1997 PAGE zF
� 26 RESOLUTION APPROVING A PLAT, P.S. #97-4, HEATHER HiLLS NORTH
(BY THE PHTLIP STEPAAN COMPANIES. INC., TO RESUBDIVIDE THE
PROPERTY. GENERALLY LOCATED AT 6217 CENTRAL AVENUE N.E.)
(WARII 21:
NTr Hickok, Planning Coordinator, stated that the petitioner has recommended that th�s �ssue be
tabled at t}us time
Mr Knaak, Ctty Attorney, stated that th�s is an unusual issue He has spoken to the pet�tioner
and their attorney They expressed a des�re to have the matter contmued for t}urty days to try to
resolve this issue Unfortunately, that bumps them up to the sixty-day rule The petitioner �s
aslang that the City extend the s�xty-day rule for an additional thirty days Mr Knaak
recommended conUnumg an eactra thirty days to afford them time
Mr Knaak stated that upon the request of the developer, it is to be tabled for t}urty days The
sixty-day extension is a sixty-day extension which does not preclude Council from taking action
on this rtem After the hearmg date ts up, Council can proceed
Councilman Sdhngs stated that the petrtioner was led to beheve that by extendmg this Councd
would not discuss tlie issue However, Councdman Bdlmgs had a few questions On the
proposed plan, rt looks hke there �s somethmg on Central Avenue that is 50 feet wide It appears
� that 78 6 feet �s the size of lot one which is a corner lot He asked if the City requires a corner lot
to be larger
Mr Hickok stated that the corner loC is land that will be dedicated to th�s plat as nght-of- way
Ms Dacy stated that 80 feet is the requirement on the corner lot
Councilman B�llmgs suggesYed that staff brmg that mformauon back to the petitioner pnor to the
November 10 deadlme He also suspected Heather Hills may have an area, Outlot A It was
platted m the first Heather Hdls addrtion so a dnver would not have to enter from Ben More
Dnve He suggested that staff bnng that to Mr pomer's attent�on If he �s negotiatmg with
Outlot B owner and Outlot A he rrvght get more support from the Ben More neighborhood
Mr George Batson, 6] 91 Heather Place, sa�d his residence faces the development He was also
willmg to wme back to another Council meetmg to repeat himself There are concerns, as the
development has a new name, Heather North mstead of Heather Place He does not know of a
smgle person supportmg this concept He �s present Uecause he was aware that Council may
delay this issue
MOTION by Councilman Schne�der to table action for thirty days on th�s resolution Seconded
by Councilman B�llmgs Upon a voice vote, all votmg aye, Mayor 7orgenson declared the motion
� carried unazumously
FRIDLEY CITY COUNCTL MEETNG OF OCTOBER 13, 1997 PAGE 27
MOTION by Councilman Schneider to extend the review penod by s�xty days to the petitioner on
� the request for a resolution approving a Plat, P S #97-04, Heather Hills North (by the Phil�p
Stephan Compames, Inc , to re-subdivide the property, generally located at 6217 Central
Avenue ) 3econded by Councilman Billmgs Upon a voice vote, all votmg aye, Mayor
Jorgenson declared the mot�on camed unammously
27. INFORMAL STATUS REPORTS
Mayor Jorgenson stated that she has received numerous telephone calls on the Umversity Avenue
fence �ssue A proposal was received from the Southern Anoka County Chamber of Commerce
on the fence for the east s�de of Umversity Avenue
Councilwoman Bolkcom stated that she would l�ke to have a discussion on t}us issue to rev�ew
the Chamber's recommendation and staffs recommendat�on There are many items to consider
bes�de the Chamber's proposal
Mayor Jorgenson rerterated that a Comprehensive Plan meetmg is scheduled Kesidents are
encouraged to panc�ipate m this process Councdwoman Bolkcom added that residents should
please return the survey, as rt�s very important
Councilman BilLngs stated that Mr Flora and he met wrth property owners on Jackson Street
� concernmg water m their basements Some property owners have sump pumps runnmg seven
days a week The residents asked where the water was commg from and if anybody has done
hydrology studies Mr Flora w�ll do some research Before the C�ty spends any money on the
pro�eaY, a proposal wdl be brought before Council
Mayor 7orgenson reported that she recerved a telephone call from a resident regardmg a washout
aY Cheri Lane at Menards
Mr Flora reported that the City is workmg with MnDOT Results have been mcorporated mto
the I�ghway 65 ramp pro�ect Easements are needed to mstall a catch basin mto the Menards
parkmg lot MnDOT will fund the pro�ect The Crty w�ll look at the area to see if we can plug up
the hole
Counctlwoman Bolkcom stated that she met with some res�dents regardmg the path along the
parkway m the area from IvLss�ssippi 5treet to Stevenson School
Mayor 7orgenson stated that there is a rumor gomg arouud that �s not conect There was a road
lull mvolvmg a deer A report of cluldren chasmg an ammal, however, �s not related to the death
of tlus arumal
�
L_ J
�
�
FRIDLEY CITY COUNCII, MEETNG OF OCTOBER 13, 1997 PAGE zs
ADJOURNMENT:
MOTION by Councilwoman Bolkcom to ad�ourn the meetmg Seconded by Councilman
Barnette Upon a voice vote, all votmg aye, Mayor Jorgenson declared the motion camed
una�wnously and the regular meetmg of the Fndley C�ty Council of October 13, 1997 ad�ourned
at1130pm
Respectfully submitted,
Debbie Kidder
Actmg Secretary to the Ciey Council
Nancy J Jorgenson
Mayor