05/18/1998 - 00000188THE MINUTES OF THE REGULAR MEETING OF THE FRIDLEY CITY COUNCIL
OF MAY 18, 1998
The Regular Meeting of the Fridley City Council was called to order by Mayor Jorgenson at
7:30 p.m.
PLEDGE OF ALLEGIANCE:
Mayor Jorgenson led the Council and audience in the Pledge of Allegiance to the Flag.
ROLL CALL:
MEMBERS PRESENT: Mayor Jorgenson, Councilman Barnette, Councilman Billings, and
Councilwoman Bolkcom
MENIBERS ABSENT: Councilman Schneider
APPROVAL OF MINUTES:
COLTNCIL MEETING - May 4, 1998:
MOTION by Councilmember Bolkcom to approve the minutes of the May 4, 1998 City Council
Meeting as presented in writing. Seconded by Councilmember Barnette. Upon a voice vote, all
voting aye, Mayor 7orgenson declared the motion carried unanimously.
APPROVAL OF PROPOSED CONSENT AGENDA:
NEW BUSINESS:
1. RECEIVE THE MINUTES OF THE PLANNING COMMISSION MEETING OF
MAY 6, 1998:
RECEIVED THE MINUTES OF THE PLANNING COMMISSION MEETING OF
MAY 6, 1998.
2. PLAT REQUEST, P.S. #98-03, BY JAMES UTTER, TO REPLAT PROPERTY TO
CREATE TWO CONFORMING LOTS ON WHICH TO BUILD, GENERALLY
LOCATED AT 6084 WOODY LANE N.E. (WARD 2):
Mr. Burns, City Manager, explained that this request is to subdivide Lot 6, Block 2, of the
Moore Lake Hills Addition into two lots. The new parcels will become Lots 1 and 2 of
the Everett Addition. The Planning Commission voted unanimously to approve the
request, with seven stipulations at the May 6 meeting. Staff recommends that Council
concur with the Planning Commission.
CITY COUNCIL MEETING OF MAY 18, 1998 PAGE 2
APPROVED PLAT REQUEST, P.S. #98-03, BY JAMES UTTER TO REPLAT
PROPERTY TO CREATE TWO CONFORMING LOTS ON WHICH TO BUILD,
GENERALLY LOCATED AT 6084 WOODY LANE N.E. WITH THE
FOLLOWING SEVEN STIPULATIONS: 1) A BUILDING PERMIT SHALL BE
ISSUED FOR LOT 2, BLOCK 1, OF THE EVERETT ADDITION WITHIN ONE
YEAR OF THE APPROVAL OF THE PLAT OR THE GARAGE MUST BE
REMOVED; 2) AN EASEMENT FOR AN ADDITIONAL 10 FEET OF RIGHT-
OF-WAY ADJACENT TO CENTRAL AVENUE N.E. (CSAH 35) FOR FUTURE
RECONSTRUCTION PURPOSES BE RECORDED WITH THE COUNTY; 3)
BEFORE A BUILDING PERMIT IS GRANTED FOR LOT 2, THE GRADING
AND DRAINAGE PLAN SHOULD BE REVIEWED AND APPROVED BY THE
CITY ENGINEERING DEPARTMENT; 4) IF LOT 2 IS TO CONNECT TO THE
CITY UTILITY SERVICES LOCATED IN THE RIGHT-OF-WAY OF CENTRAL
AVENUE N.E. (CSAH 35), THE CONNECTION SHOULD BE MADE PRIOR TO
ANOKA COUNTY RECONSTRUCTION OF CSAH 35; 5) PARK FEES OF $750
SHALL BE PAID BEFORE THE BUILDING PERMIT IS GRANTED; 6) A$1,000
STORM WATER FEE SHALL BE PAID BEFORE THE BUILDING PERMIT IS
GRANTED; AND 7) A DRIVEWAY CUT SHALL REMAIN IN THE EXISTING
LOCATION.
3. RESOLUTION No. 30-1998 APPROVING A PLAT, P.S. #98-03, EVERETT
ADDITION BY JAMES UTTER, GENERALLY LOCATED AT 6084 WOODY
LANE N.E.)(WARD 2):
Mr. Burns explained that this is the final plat for the James Utter replat of property located
at 6084 Woody Lane. The mylars have been prepared for this plat to be known as the
Everett Addition. Staff recommends Council's approval of the resolution and attached
stipulations.
ADOPTED RESOLUTION #30-1998 WITH THE FOLLOWING STIPULATIONS:
1) A BUILDING PERMIT SHALL BE ISSUED FOR LOT 2, BLOCK 1, OF THE
EVERETT ADDITION WITHIN ONE YEAR OF THE APPROVAL OF THE
PLAT OR THE GARAGE MUST BE REMOVED; 2) AN EASEMENT FOR AN
ADDITIONAL 10 FEET OF RIGHT-OF-WAY RECONSTRUCTION PURPOSES
BE RECORDED WITH THE COUNTY; 3) BEFORE A BUILDING PERMIT IS
GRANTED FOR LOT APPROVED BY THE CITY ENGINEERING
DEPARTMENT; 4) IF LOT 2 IS TO CONNECT TO THE CITY UTILITY
SERVICES LOCATED IN THE RIGHT-OF-WAY OF CENTRAL AVENUE N.E.
(CSAH 35), THE CONNECTION SHOULD BE MADE PRIOR TO ANOKA
COUNTY RECONSTRUCTION OF CSAH 35; 5) PARK FEES OF $750 SHALL
BE PAID BEFORE THE BUILDING PERMIT IS GRANTED; 6) A$1,000
STORM WATER FEE SHALL BE PAID BEFORE THE BUILDING PERMIT IS
GRANTED; AND 7) A DRIVEWAY CUT SHALL REMAIN IN THE EXISTING
LOCATION.
CITY COUNCIL MEETING OF MAY 18, 1998 PAGE 3
4. APPROVE JOINT POWERS AGREEMENT BETWEEN THE CITY OF
FRIDLEY AND THE METROPOLITAN COUNCIL FOR THE INSTALLATION,
REPLACEMENT AND MAINTENANCE OF BUS STOP SIGNAGE:
5.
6.
Mr. Burns, City Manager, explained that under the terms of this agreement, Fridley would
install and maintain appro�mately 215 Metro Transit bus signs. The City will be
reimbursed fully for the costs. Staff recommends Council's approval of this agreement.
APPROVED THE JOINT POWERS AGREEMENT BETWEEN THE CITY OF
FRIDLEY AND THE METROPOLITAN COUNCIL FOR THE INSTALLATION,
REPLACEMENT AND MAINTENANCE OF BUS STOP SIGNAGE.
RECEIVE BIDS AND AWARD CONTRACT FOR THE MUNICIPAL GARAGE
EXHAUST/MAKE-UP RETROFIT PROJECT:
Mr. Burns, City Manager, noted that the 1998 Capital Improvements Budget provides the
amount of $25,000 for the installation of an air exchange/make-up air system to reduce
high carbon mono�de emissions in the City's maintenance bays. The bidding process for
this work returned a low bid of $37,150. Since the additional amount can be absorbed
through savings for other items, staff recommends that Council award the bid to the low
bidder, NewMech Companies in the amount of $37,150.
RECEIVED BIDS AS FOLLOWS:
NewMech Companies, Inc.
1633 Eustis Street
St. Paul, MN 55108-1288
$3a,soo �B�a� $z,6so �alt.�
Metropolitan Mechanical Contractors
7340 Washington Avenue South
Eden Prairie, Ml� 55344 �35,140 (Bid)
Alta Mechanical
Minneapolis, MN
�2,550 (Alt )
�az,000 �B�a� �z,sso �Alt.�
AWARDED CONTRACT FOR THE MUNICIPAL GARAGE EXHAUST/MAKE-
UP RETROFIT PROJECT TO NEWMECH COMPANIES, INC. IN THE
AMOUNT OF $37,150.
RESOLUTION NO. 31-1998, REQUESTING NO PARKING SIGNS ON EAST
RIVER ROAD SOUTH OF I-694 (WARD 3):
Mr. Burns explained that this parking removal is being requested by the Police Department
as one measure needed to curtail drag racing on this stretch of East River Road. The area
in which parking is to be removed is abutted by River Front Park, the Minneapolis
CITY COUNCIL MEETING OF MAY 18, 1998 PAGE 4
Waterworks and United Defense properties. There is no residential property that will be
impacted by this action. The e�tent of the parking removal is from the interstate to the
City limits on both sides of East River Road. Staff recommends Council's approval.
ADOPTED RESOLUTION NO. 31-1998, REQUESTING NO PARKING SIGNS
ON EAST RIVER ROAD SOUTH OF I-694.
7. RESOLUTION NO. 32-1998, AUTHORIZING SUBMISSION OF ICE FACILITY
RENOVATION GRANT APPLICATION:
Mr. Burns, City Manager, stated that Mr. Paul Erickson, Executive Director of the
Minnesota Amateur Sports Commission, requested that Fridley apply for a second Mighty
Ducks grant. As was the case with the first grant, the City would be applying for a
$50,000 grant that would be matched by another $50,000 from the National Sports Center
Foundation. The money would be used for a variety of repairs to Columbia Arena
including replacement of cooling towers, outside lighting, parking lot improvements, a
VIP seating area, and a sound system. Since Columbia Arena provides valued services to
Fridley residents, and since there is no cost for the City, staff recommends that Council
authorize staff to prepare a second Mighty Ducks grant application.
ADOPTED RESOLUTION #32-1998, AUTHORIZING SUBMISSION OF ICE
FACILITY RENOVATION GRANT APPLICATION.
8. ESTABLISH A PUBLIC HEARING FOR JUNE 8, 1998, FOR AN
INTOXICATING LIQUOR LICENSE FOR AMF BOWLING CENTERS, INC.
(6310 HIGHWAY 65)(WARD 2):
Mr. Burns explained that the proposed public hearing date for this license is June 8, 1998.
The Police Department did the required background check and found no reason to deny
the request. Staff recommends that Council concur in establishing the public hearing.
ESTABLISHED A PUBLIC HEARING FOR JUNE 8, 1998, FOR AN
INTOXICATING LIQUOR LICENSE FOR AMF BOWLING CENTERS, INC.
(6310 HIGHWAY 65).
9. CLAIMS:
APPROVED THE PAYMENT OF CLAIM NOS. 80565 - 80815.
10. LICENSES:
Council requested that staff remove Page 10.03 from the licenses.
APPROVED THE LICENSES AS SUBMITTED AND AS ON FILE IN THE
LICENSE CLERK'S OFFICE.
CITY COUNCIL MEETING OF MAY 18, 1998 PAGE 5
11. ESTIMATES:
APPROVED THE ESTIMATES AS FOLLOWS:
Park Construction
7900 Beech Street N.E.
Minneapolis, MN 55432-1795
Rice Creek Bank Stabilization
Project No. 309
Estimate No. 1 $11,382.23
Ron Kassa Construction
743 8 Upton
Richfield, MN 55423
1998 Miscellaneous Concrete Curb
and Gutter and Sidewalk
Project No. 315
Estimate No. 1 $ 4,317.75
Forest Lake Contracting
14777 Lake Drive
Forest Lake, MN 55025
Street Improvement Project No. ST 1998-1
Estimate No. 3 $71,136.13
ll(A). APPOINTMENT:
Mr. Burns stated that staff is recommending the appointment of Alan D. Folie as
Accountant. Mr. Folie is a graduate of the St. Cloud State University and has most
recently been employed by Washington County in an accounting position. Mr. Folie is
also a resident of Fridley.
APPROVED APPOINTMENT OF MR. ALAN D. FOLIE AS ACCOUNTANT.
No persons in the audience spoke regarding the proposed consent agenda items.
MOTION by Councilmember Billings to add Item ll(A) to the consent agenda and
approve the consent agenda as presented. Seconded by Councilmember Barnette. UPON
A VOICE VOTE, all voting aye, Mayor Jorgenson declared the motion carried
unanimously.
CITY COUNCIL MEETING OF MAY 18, 1998 PAGE 6
ADOPTION OF AGENDA:
Mr. John Flora, Director of Public Works, asked that Item 15 be removed from the agenda and
replaced with Resolution #33-1998 and Resolution #34-1998.
Councilmember Bolkcom asked that consideration of the acquisition of 7479 East River Road be
added to the agenda to be considered immediately following Item 14.
MOTION by Councilmember Barnette to adopt the agenda as amended. Seconded by
Councilmember Bolkcom. UPON A VOICE VOTE, all voting aye, Mayor Jorgenson declared
the motion carried unanimously.
OPEN FORUM, VISITORS:
Mayor Jorgenson explained that this is the time reserved for residents to address Council on items
that are not on the agenda.
Mr. James Utter, 131 Sylvan Lane, stated that he is concerned about the condition of his parents'
property after the Friday, May 15, 1998 afternoon storm. The retaining wall to the north of his
parents' home washed out during the storm. There were three streets that feed into the one
drainage system. After the rainfall on Friday, storm water washed up over the curb and washed
out the retaining wall. It did not appear that there was sufficient drainage.
Mayor 7orgenson asked if the retaining wall had always been there or if it was put in after the
other homes were built. Mr. Utter stated that the wall was put in after the construction of the
homes. Mayor Jorgenson stated that she believed the natural flow of water went through the area
before the wall was constructed. Now the wall creates problems. She assured Mr. Utter that City
staff would look into the problem.
Mayor Jorgenson complimented City staff for their immediate response and clean-up after the
storm. Staff was also working on scheduling a curbside tree pick-up, and residents will be
informed as to those dates.
PUBLIC HEARINGS:
12. CENTRAL AVENUE IMPROVEMENT PROJECT NO. ST 1998-4 (WARD 2):
MOTION by Councilmember Bolkcom to open the public hearing at 7:50 p.m. Seconded by
Councilmember Barnette. UPON A VOICE VOTE, all voting aye, Mayor Jorgenson declared the
motion carried unanimously and the public hearing was officially opened at 7:50 p.m.
Mr. Doug Fischer, Assistant County Engineer with the Anoka County Highway Department,
provided a brief overview of the improvement project on Central Avenue. This project is
basically made up of three elements. The first includes a newly constructed roadway between
Osborne Road and 81st Avenue (Spring Lake Park), to a four-lane, urban road standard. The
CITY COUNCIL MEETING OF MAY 18, 1998 PAGE 7
second element includes the continuation of the storm sewer from Osborne Road, down along the
west side of the roadway and outlet into Rice Creek concrete curbing would only be placed on the
west side where the storm sewer system will be replaced. In addition to the storm sewer main
line, the City has requested that they construct a bituminous path on the west side of the roadway
from Osborne Road and connect it into the bike bridge over Rice Creek The estimated project
cost at this time is $2 million. It is estimated that the City's cost for one-half of the curb and
gutter on the west side, the bike path and minor utility adjustments will be roughly $53,000. In
addition, they are waiting for the City's portion of the storm sewer costs. The project is set to be
advertised beginning on May 29th. Bids will likely be opened the week of June 23 and award of
the project bid will take place at the July 14 County Board meeting. The Board will be seeking
the City's approval of the plan and the execution of a joint powers agreement. Construction is
expected to begin around August 1, with final completion in October 1998.
Councilmember Bolkcom asked if letters have been sent to all affected property owners.
Mr. Flora responded in the affirmative. He noted that the City will be assessing the property
owners for the curb and gutter on the west side of Central Avenue from Osborne Road to the
creek The estimated assessment is expected to be $11.00 per front foot.
There were no further questions from the public.
MOTION by Councilmember Bolkcom to close the public hearing at 8:00 p.m. Seconded by
Councilmember Barnette. UPON A VOICE VOTE, all voting aye, Mayor Jorgenson declared
the motion carried unanimously and the public hearing was closed at 8:00 p.m.
13. APPROVAL OF OFF-SALE BEER LICENSE FOR SAM'S CLUB (8150
UNIVERSITY AVENUE N.E.) (WARD 3):
MOTION by Councilmember Bolkcom to open the public hearing at 8:02 p.m. and to waive the
reading. Seconded by Councilmember Billings. UPON A VOICE VOTE, all voting aye, Mayor
7orgenson declared the motion carried unanimously and the public hearing was officially opened
at 8:02 p.m.
Mr. Burns explained that Sam's Club has requested a beer license so that they can add 3:2 beer to
their product line at their location at 8150 University Avenue N.E. Pursuant to Chapter 602.05,
of the Fridley City Code, a public hearing must be held prior to issuing this license. He noted that
a representative from Sam's Club was in the audience to answer any questions that Council may
have with regard to this application.
Mr. Randy Pittman, General Manager of Sam's Club, explained that Sam's Club is a very
responsible retailer and plans to take all necessary steps to train their employees on the sale of
alcohol in their store. Sam's Club has a formal training program (Techniques for Alcohol
Management) for the employees and each employee is required to go through testing procedures.
Councilmember Billings wished to clarify that none of the sales are wholesale sales and that Sam's
Club is not selling any product that is intended for re-sale. Mr. Pittman stated this is correct. He
CITY COUNCIL MEETING OF MAY 18, 1998 PAGE 8
noted that if any customer appears to be purchasing a very large amount of beer, they would log
that information and advise that person that it is illegal to purchase beer for re-sale.
There were no questions or comments from the public.
MOTION by Councilmember Bolkcom to close the public hearing at 8:10 p.m. Seconded by
Councilmember Barnette. UPON A VOICE VOTE, all members voting aye, Mayor Jorgenson
declared the motion carried unanimously and the public hearing was closed at 8:10 p.m.
NEW BUSINESS:
14. RESOLUTION DENYING THE APPLICATION OF GEORGE KLUS OF W. W.
KLUS REALTY, INC., FOR A SPECIAL USE PERMIT FOR THE OUTDOOR
SALE OF AUTOMOBILES AT 7920 AND 7976 UNIVERSITY AVENUE,
PURSUANT TO SECTION 205.14.01 C(2) OF THE FRIDLEY CITY CODE:
Mr. Scott Hickok, Planning Coordinator, explained that George Klus of W. W. Klus, Inc. has
requested a special use permit to allow for the outdoor sale and display of thirty automobiles.
Code Section 205.14.01 C(2) requires a special use permit for agencies selling or displaying new
and/or used vehicles. Mr. Hickok provided information in regard to the zoning of the subject
property as well as adjacent properties, presenting maps of the site location.
Approval of this special use permit would allow the use of thirty parking stalls as a sales area for
vehicles on the site. The vehicles would be for sale by the company. The request for this special
use permit for auto sales was for 7976 University Avenue. The property at 7920 University
Avenue would be an auto repair business run in conjunction with the auto sales operation.
With the property being a mixed use nature, 256 parking spaces are required. This request would
reduce the number of spaces by thirty. The former developer of the site, Mr. Joe Ashton, has
submitted a letter stating that he is not in favor of this permit because of the type of use and the
parking agreement between this property and the Main Event property to the south.
The Police Department has expressed concern that security of vehicles for sale may be difficult.
With the mixed uses of the property, it would be difficult to determine which vehicles are for sale
and which are customers. There would be no segregation of cars or safeguards for overnight
vehicle storage protection on the site. The GIS report indicates that there were 290 vehicle
incidents in 1997 and that the area north of 73rd Avenue along University Avenue appeared to be
e�tremely vulnerable.
As part of the Express Auto building permit for interior operations of their site in 1995, it was
stipulated that no outdoor display of automobiles or other vehicles will be permitted. They are
currently parking vehicles at the site that are for sale.
Mr. Hickok noted that the Planning Commission recommended that Council deny this special use
permit because it would create a deficiency in the number of required parking stalls and because it
CITY COUNCIL MEETING OF MAY 18, 1998 PAGE 9
poses a potential security risk Staff also believed it was an inappropriate use for a multi-tenant
location and that there is potential circulation problems for other property users. The architect for
the petitioner has drafted a plan showing where other potential parking spaces could be on the site
without a variance, accommodating eleven additional spaces. Mr. Hickok noted, however, that
some of these created spaces may not be appropriate and could narrow the drive lane.
Mr. Hickok noted that the current inappropriate use of the space at 7920 University Avenue
demonstrates a disregard for state and local laws as that location is currently being used as an
auto repair facility which would also require a special use permit. Therefore, technically, two
special use permits would be required by this petitioner, which they have not obtained.
Councilmember Bolkcom asked Fritz Knaak, City Attorney, for clarification on the special use
permit approval/denial process.
Mr. Knaak explained that a special use permit authorizes a particular use that requires Council
approved to be allowed in an area. If the requirements of an ordinance are met, the City would
have very little discretion in denying the permit request. The City must have a reasonable basis
for denial of the request (such as public safety concerns)but may ad specific stipulations if it
approves the request.
Councilmember Billings noted that if the property at 7976 University Avenue is appro�mately
2,058 square feet, they would be allocated ten parking spaces. Even if this applicant found a way
to create additional spaces on the site, virtually 3 1/2 times the amount of allocated space would
be required. Mr. Hickok noted that this is correct and also that the total spaces would not
account for employees or customers coming and going.
Councilmember Billings noted that the properties at 7920 and 7976 University Avenue have two
separate PIN numbers and therefore each property would need to go through the special use
permit process. Mr. Hickok stated this was correct.
Councilmember Billings noted that Council received a letter dated May 15, 1998 addressed to the
Fridley City Councilmembers from Walter W. Klus.
MOTION by Councilmember Billings to enter this letter into the records. Seconded by
Councilmember Bolkcom. UPON A VOICE VOTE, all voting aye, Mayor Jorgenson declared
the motion carried unanimously.
Councilmember Billings noted that Councilmembers were handed another letter prior to the
meeting, marked "Corrected" at the top, and also dated May 15, 1998, addressed to the Fridley
City Councilmembers from W. W. Klus Realty, Walter W. Klus.
MOTION by Councilmember Billings to enter this letter into the records. Seconded by
Councilmember Bolkcom. UPON A VOICE VOTE, all voting aye, Mayor Jorgenson declared
the motion carried unanimously.
CITY COUNCIL MEETING OF MAY 18, 1998 PAGE 10
Councilmember Billings asked if Mr. Hickok and Attorney Knaak had been in contact with the
applicant's attorney, Mr. Gregory Soule of Best & Flanagan on Friday. Mr. Hickok and
Mr. Knaak indicated that they had both spoken with the applicant and that messages had been left
on the answering machine for Mr. Soule.
Councilmember Billings asked what the City generally requires in regard to security of a
automobile sales lot. Mr. Hickok noted that there are various ways to achieve security such as
boundaries set up by berms or landscaped areas. Typically, there should be a method of closing
off the way vehicles get in and out such as a barricade or a row of cars. This site would be
difficult, if not possible, to provide a segregation of parking stalls.
In reference to Page 2 of the letter from Mr. Walter Klus, it is noted that there is a 28-car cross
parking agreement with the University Business Center immediately to the north of the subject
property. Councilmember Bolkcom noted that a previous issue where an applicant requested a
parking variance also included a negotiated cross parking agreement; however, the City had some
concerns as to liability issues related to a cross parking arrangement.
Mr. Walter Klus stated that they have been working diligently on this special use permit request.
He thinks this use could work on the site. He proceeded to provide Council with a brief history
of the site. The business began in 1995 as Express Auto Pawn. Shortly thereafter, the State of
Minnesota informed him that auto pawn brokerages were no longer permitted, and they were
forced to obtain a dealer's license. He informed Council that they are still working to resolve
issues associated with the special use permit request, and he asked them to consider a continuance
of the meeting discussion to allow them an opportunity to meet with staff and attorneys to work
out some additional details.
Mr. Vernon Riediger, Express Auto, stated that their operation has been in e�stence in the same
location for just over two years, and they have never had a problem. Their operation is first and
foremost a financial institution. They market to people who have difficulty affording an
automobile. Their business is not a typical automobile sales lot trying to attract people on a drive-
by basis. They operate on a repeat customer basis and by word of mouth. The costs associated
with a physical move would be substantial. They feel stability is important to them and to their
customers.
Mr. Bill Richards, Express Auto, stated he felt that curbs and berms do not necessarily deter
thieves. He presented a number of photographs of other similar operations and the types of
"security" options they have exercised. He did not feel segregating cars in front of his lot would
be difficult for him. Furthermore, he would be willing to install anti-theft devices on all his cars if
Council so desired.
Councilmember Barnette asked where the car stock comes from. Mr. Richards stated that he
buys fresh trade-ins from dealerships.
Mr. Richards stated that he is willing to do whatever the City deems appropriate in order to allow
them to be a small business in the community. Councilmember Bolkcom stated that Council
CITY COUNCIL MEETING OF MAY 18, 1998 PAGE 11
cannot deny the request without reason. She was concerned that the parking issue had not been
resolved. She said that she was aware the applicant had requested a continuation of the meeting;
however, she was not sure how the parking problem would be addressed. Parking requirements
must be adhered to. Vacancies which currently exist within the building may not always be there;
and therefore, the demand for parking for those businesses may change. Obviously, the owners of
the property would continue to work to see that the building is leased at one hundred percent.
Councilmember Bolkcom noted that Page 2 of the "Corrected" letter from Mr. Klus does not
contain the same language as the first letter that was sent to the Councilmembers. She asked why
some of the language was deleted. Mr. Klus responded that Page 2 of the original letter was
correct. He apologized that in his effort to get the "corrected" letter completed, some of the
language may have been eliminated. He will see that Council is provided with a correct letter.
Mr. Greg Soule, Attorney with Best & Flanagan, stated that they are actively trying to solve the
problems that have been addressed by City staff. They have a number of ideas that they would
like to present to Council and to staff. He presented a memorandum to Council and to Mr. Knaak
addressing some of the issues. A si�ty-day e�tension of the special use permit request must be
acted on by June 13, 1998. He noted, however, that with the applicant's approval, an additional
e�tension could be granted. He explained that the property in question has much more parking
than what is needed. Despite the technical C-2 zoning and the rigorous parking requirements, on
a day-to-day basis, the site has much more parking than is ever really utilized. He wished to note
that all along, the site including the two buildings has been analyzed as a single project in terms of
the parking available. This is how they have considered the property in terms of parking.
Mayor Jorgenson asked who applied for the building permit in November of 1995, and if they
were made aware of the stipulation that there could be no outdoor storage of vehicles on the
property. Mr. Hickok stated that it was applied for by Mr. Bill Richards and that he was aware of
this. Mr. Soule noted that the state law changed, and they were no longer licensed to operate as a
automobile pawn. Mr. Hickok noted that Mr. Richards was informed on numerous occasions of
what was/was not permitted uses. He was aware that a special use permit would need to be
obtained if there were to be any outdoor storage of vehicles on the property.
Councilmember Billings noted that a larger sign variance was granted for the property due to the
fact that there were two separate and distinct parcels. Now the property is asked to be looked at
as one parcel. Codes cannot be interpreted in different ways at different times to the benefit of the
applicant. Any parking changes that are proposed should contain adequate parking and storage of
dumpsters on each aspect of the site. To obtain accurate property line information, it was
suggested that the applicant hire a land surveyor rather than to rely on drawings from the City.
Mr. Jim Cox, Associated Architects, provided information on the additional parking spaces with a
diagram depicting the newly-created spaces.
Mr. Soule noted that under the City Code there is a provision in which the City can require less
parking than what is required. The speculative ratio is required where there is a mixed use unless
the owner represents to the City what the ratio of all uses in the building will be. They would be
CITY COUNCIL MEETING OF MAY 18, 1998 PAGE 12
willing to enter into such an agreement with the City and stipulate what the particular type uses
are.
A discussion followed in regard to the continuation request. Councilmember Bolkcom wondered
if the outstanding issues could be resolved without e�tending the si�ty-day period. Mr. Hickok
stated it is staffs opinion that there are constraints on the site which are insurmountable, and he
does not feel there is a working solution. There is no more land area to look at in terms of
parking. A cross parking agreement, in providing an additional 28 spaces could also take away 28
parking spaces.
Councilmember Bolkcom stated that she would be willing to table discussion on this request to
the June 8 City Council meeting which would allow staff and attorneys to get together to try to
work out a solution that is acceptable to all. Councilmember Billings stated he would be willing
to table this as well, provided that the petitioner seeks a thirty-day e�tension so that the time
deadline does not prevent them from finding solutions.
Mr. Soule stated that they would consent to a thirty-day e�tension of the written si�ty-day
contract. He would be happy to draft a letter to document this.
MOTION by Councilmember Bolkcom to table consideration of this resolution until the June 8,
1998 City Council meeting. Seconded by Councilmember Billings. UPON A VOICE VOTE, all
voting aye, Mayor 7orgenson declared the motion carried unanimously.
14. (A) CONSIDERATION OF ACQUISITION OF PROPERTY AT 7479 EAST RIVER
ROAD.
Mr. Burns, City Manager, explained that staff has recently negotiated the terms of a purchase
agreement with Amy and Chris Moe for property at 7479 East River Road. It was recommended
that the City purchase the property for the sum of $79,000, with a closing date of July 31, 1998.
The purpose of the acquisition of the property is to provide a site for a future redevelopment
project. Money for the purchase of the property is available from the City's fund balance.
MOTION by Councilmember Barnette to authorize the acquisition of the property at 7479 East
River Road. Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, all voting aye,
Mayor Jorgenson declared the motion carried unanimously.
15. RESOLUTION NO. 33-1998 ORDERING PRELIMINARY PLANS, SPECIFICA-
TIONS AND ESTIMATES OF THE COSTS THEREOF: STREET
IMPROVEMENT PROJECT NO. ST. 1997-4:
Mr. Flora, Director of Public Works, explained that the public hearing on the 57th Avenue Street
Improvement Project will be held on June 8, 1998.
MOTION by Councilmember Bolkcom to adopt Resolution No. 33-1998, A resolution ordering
preliminary plans, specifications and estimates of the costs thereoi Street Improvement Project
CITY COUNCIL MEETING OF MAY 18, 1998 PAGE 13
No. ST 1997-4. Seconded by Councilmember Billings. UPON A VOICE VOTE, all voting aye,
Mayor Jorgenson declared the motion carried unanimously.
RESOLUTION NO. 34-1998 RECEIVING THE PRELIMINARY REPORT AND
CALLING FOR A PUBLIC HEARING ON THE MATTER OF CONSTRUCTION
OF CERTAIN IMPROVEMENTS: 57TH AVENUE STREET IMPROVEMENT
PROJECT NO. ST. 1997-4:
MOTION by Councilmember Bolkcom to adopt Resolution No. 34-1998 receiving the
preliminary report and calling for a public hearing on the matter of construction of certain
improvements: 57th Avenue Street Improvement Project No. ST. 1997-4. Seconded by
Councilmember Billings. UPON A VOICE VOTE, all voting aye, Mayor 7orgenson declared the
motion carried unanimously.
16. INFORMAL STATUS REPORTS:
Mr. Flora provided information regarding the clean-up of the storm damage which occurred on
Friday, May 15th. The City will be picking up branches from damaged trees commencing on
Wednesday, May 20. Residents are requested to contact the Public Works Municipal Garage at
572-3566 to inform them of tree damage prior to May 20. Leaves and brush can be put into bags
and left at the curb for rubbish collectors or can be brought to the Fridley compost site. City staff
is asking residents to assist in keeping the catch basins free and the gutters clean.
Mr. Burns asked if the Council Review Session originally scheduled for 7:00 p.m. could be
changed to 6:30 p.m. Councilmember Barnette stated that he would be the only Councilmember
in attendance and that 6:30 p.m. would be fine.
Mr. Flora noted that the City will be slurry sealing the bike paths as noted in his memorandum.
Councilmember Bolkcom asked that the City look at options for maintaining the bike path on
University Avenue. She is aware that this bike path is in the State's right-of-way but that its
condition is reflective of the City of Fridley.
Councilmember Barnette noted that a Community Vision meeting will be held May 28 at
7:00 p.m. in the Fridley Community Activity Center gymnasium. Child Care will be available.
Residents who are in need of this service are requested to call to make arrangements.
Mayor 7orgenson stated that Sunset Memorial Gardens will be having a Memorial Service
Monday, May 25 at 10:00 a.m. A follow-up picnic will be held at one of the county parks. She
encouraged the public's attendance.
CITY COUNCIL MEETING OF MAY 18, 1998 PAGE 14
ADJOURNMENT:
MOTION by Councilmember Barnette to adjourn the meeting. Seconded by Councilmember
Bolkcom. UPON A VOICE VOTE, all voting aye, Mayor Jorgenson declared the motion carried
unanimously and the Regular Meeting of the Fridley City Council of May 18, 1998 was adjourned
at 10:45 p.m.
Respectfully submitted,
Tamara D. Saefke Nancy J. Jorgenson
Recording Secretary Mayor