09/14/1998 - 00000287THE MINUTES OF THE REGULAR MEETING OF THE FRIDLEY CITY COUNCIL
OF SEPTEMBER 14, 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:
MENIBERS PRESENT
MENIBERS AB SENT
PROCLAMATIONS:
Mayor 7orgenson, Councilmember Barnette, Councilmember
Billings, and Councilmember Bolkcom
Councilmember Schneider
National Breast Cancer Awareness Month - October 1998 AND National Mammo�raphv
Dav - October 16, 1998:
Mayor 7orgenson read this proclamation, designating the month of October as National Breast
Cancer Awareness Month and October 16, 1998 as National Mammography Day in the City of
Fridley, Minnesota.
Community Visionin� Process:
At this time, Mayor 7orgenson asked Mr. Mark Koegler to provide Council and citizens with a
presentation on the community visioning process.
Mr. Koegler explained that the City of Fridley is in the process of beginning to update its
comprehensive plan. As a part of that process, the City held several community vision sessions.
The purpose was to obtain input from residents about what they liked about Fridley, what they
would like to see changed, and their hopes and aspirations for the community. This provided staff
with a wealth of information, which they have summarized into a series of statements that are
meant to help guide staff in the comprehensive planning process.
Mr. Koegler read the generalized vision statement which he believed captured the flavor and
appeal of the ideas offered. He also read the guiding principles that classify how the City can
achieve the elements and ideas that are identified in the vision statement. These included:
1)
2)
3)
4)
5)
6)
quality housing that reflects a full range of choices;
an image and identity that reflects the place;
reference the Mississippi River;
good place to do business;
City government as an active partner in attaining the vision;
transportation linkages;
CITY COUNCIL MEETING OF SEPTEMBER 14, 1998 PAGE 2
7) a built environment that recognizes the natural environment;
8) worldclass local and community education;
9) a comprehensive community services network;
10) a place for people to gather;
11) many parts - one community;
Mr. Koegler stated that staff would get this information out to all residents of the community as
soon as possible in order to allow them the opportunity to provide input and comments. One
circulation option would be to provide an insert in Focus News; however another type of mailing
may be necessary to reach the business owners in the City.
Councilmember Barnette suggested that input be sought by students in the Fridley schools. He
noted that many of the participants in the community vision meetings were in the thirty years-of-
age and older age bracket. It may be helpful to obtain comments and input from younger
residents as well, who were not represented at the meetings.
Mayor Jorgenson stressed the importance of circulation to as many homes and businesses in the
City as possible.
APPROVAL OF MINUTES:
CITY COUNCIL MEETING - AUGUST 24, 1998:
MOTION by Councilmember Bolkcom to approve the minutes of the August 24, 1998 City
Council Meeting as presented in writing. Seconded by Councilmember Barnette.
UPON A VOICE VOTE, ALL MEMBERS VOTING AYE, MAYOR JORGENSON
DECLARED THE MOTION CARRIED UNANIMOUSLY.
APPROVAL OF PROPOSED CONSENT AGENDA:
NEW BUSINESS:
1. RECEIVE THE PLANNING COMMISSION MINUTES OF SEPTEMBER 2, 1998:
RECEIVED THE PLANNING COMMISSION MINUTES OF SEPTEMBER 2, 1998.
2. RESOLUTION NO. 57-1998 AUTHORIZING CHANGES IN APPROPRIATIONS
FOR THE GENERAL FUND AND THE CAPITAL IMPROVEMENT FUND
THROUGH JULY 31, 1998:
Mr. Burns, City Manager, explained that this was a housekeeping item that was designed to
account for unforeseen revenues and expenditures on a quarterly basis. The General Fund
changes include $40,251 in unexpected revenue and $30,296 in unexpected expenditures.
The Capital Improvement Fund change is an expenditure change of $8,587 used to replace
the storm damaged fuel system at the garage.
CITY COUNCIL MEETING OF SEPTEMBER 14, 1998 PAGE 3
ADOPTED RESOLUTION NO. 57-1998, AUTHORIZING CHANGES IN
APPROPRIATIONS FOR THE GENERAL FUND AND THE CAPITAL
IMPROVEMENT FUND THROUGH JULY 31, 1998.
3. RESOLUTION NO. 58-1998 EXTENDING RETIREMENT BENEFITS TO CON-
SOLIDATED PUBLIC EMPLOYEES RETIREMENT ASSOCIATION POLICE
EMPLOYEES:
Mr. Burns, City Manager, explained that legislation increased the retirement multiplier used
in calculating annual retirement benefits for members of the City's consolidated police
pension association from 2.65 percent to 3.0 percent. This option was made available by
State legislation that was passed last year. Staff recommended that the City join more than
twelve other cities in approving this revision. The costs are to be borne from the credit
balance of $244,000 that e�sts in the City's consolidated police and fire PERA fund.
ADOPTED RESOLUTION NO. 58-1998, EXTENDING RETIREMENT BENEFITS
TO CONSOLIDATED PUBLIC EMPLOYEES RETIREMENT ASSOCIATION
POLICE EMPLOYEES.
4. RESOLUTION NO. 59-1998 APPROVING THE USE OF THE PUBLIC
EMPLOYEES RETIREMENT ASSOCIATION (PERA) EARLY RETIREMENT
FACTORS AS RETIREMENT FACTORS FOR THE MEMBERS OF THE
CONSOLIDATED POLICE P.E.R.A.:
Mr. Burns, City Manager, stated that this legislation provides for a reduction in the early
retirement penalty for police employees who are members of the consolidated P.E.R.A.
This is made possible by State legislation passed in 1995. By this legislation, the penalty for
officers who retired before the age of 55 was reduced from 4.0 percent to 2.4 percent for
each year that the member was under the age of 55. The effect of the resolution is to
provide parity between the members of the police consolidated P.E.R.A. and other members
of P.E.R.A.
ADOPTED RESOLUTION NO. 59-1998, APPROVING THE USE OF THE PUBLIC
EMPLOYEES RETIREMENT ASSOCIATION (PERA) EARLY RETIREMENT
FACTORS AS RETIREMENT FACTORS FOR THE MEMBERS OF THE
CONSOLIDATED POLICE P.E.R.A.
5. RECEIVE BID AND AWARD CONTRACT FOR SYLVAN PUMP STATION
UPGRADE:
Mr. Burns, City Manager, explained that the City's 1998 Capital Improvements budget
includes $50,000 for the upgrading of the Sylvan Hills lift station. Bids for the equipment
were opened on September 9, 1998. Only one bid was received, from General Repair, Inc.
in the amount of $30,420. Since the City expects to use City employees to install the new
equipment at a cost of less than $10,000, the bid amount should leave the City well within
the budget.
CITY COUNCIL MEETING OF SEPTEMBER 14, 1998 PAGE 4
RECEIVED BID AND AWARDED THE CONTRACT FOR EQUIPMENT
UPGRADES AT THE SYLVAN HILLS LIFT STATION TO GENERAL REPAIR,
INC. IN THE AMOUNT OF $30,420.
6. APPROVE AGREEMENT FOR LEGAL SERVICES BETWEEN THE CITY OF
FRIDLEY AND HOLSTAD & KNAAK, P.L.C.:
Mr. Burns, City Manager, stated that after a staff evaluation of the work performed by the
City Attorney, staff is recommending Council's approval of a second, three-year contract to
Fritz Knaak The contract will run between January 1, 1999 and December 31, 2001. The
new contract raises the City's monthly fee from $4,250 to $5,000 per month. The fee
increase recognizes the e�tensive amount of time that Mr. Knaak has spent litigating code
enforcement cases. All other fees and terms of the existing contract remain intact. The
agreement includes the provision that either party may rescind its participation in the
contract by giving si�ty-days written notice.
APPROVED AGREEMENT FOR LEGAL SERVICES BETWEEN THE CITY OF
FRIDLEY AND HOLSTAD & KNAAK, P.L.C., COMMENCING JANUARY 1, 1999
AND ENDING DECEMBER 31, 2001.
7. APPOINTMENT: CITY EMPLOYEE:
Mr. Burns, City Manager, stated that staff is recommending the appointment of Kyle
Birkholz to the position of Liquor Store Manager. Kyle will be a replacement for LaVon
Regnier who recently resigned from the position. Kyle has been employed by the City for
eight years, the last two of which he has served as Assistant Liquor Store Manager. Kyle
has a Bachelor of Science Degree in Economics from the University of Minnesota. He is
regarded as an exemplary employee and very worthy of this internal promotion.
APPROVED THE APPOINTMENT OF KYLE BIRKHOLZ TO THE POSITION
OF LIQUOR STORE MANAGER.
8. CLAIMS:
APPROVED THE PAYMENT OF CLAIM NOS. 82542 - 82879.
9. LICENSES:
THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA AND PLACED
ON THE REGULAR AGENDA FOR DISCUSSION.
10. ESTIMATES:
APPROVED ESTIMATES AS FOLLOWS:
CITY COUNCIL MEETING OF SEPTEMBER 14, 1998 PAGE 5
Frederic W. Knaak, Esq.
Holstad & Knaak, PLC
3535 Vadnais Center Drive
St. Paul, MN 55110
Services Rendered as City Attorney
for the Month of August 1998
Park Construction Company
7900 Beech Street N.E.
Fridley, MN 55432-1795
Rice Creek Bank Stabilization
Project No. 309
F1NAL ESTIMATE:
Struck & Irwin Paving Co.
812 Williamson Street
Madison, WI 53703
1998 Street Improvement Project (Slurry)
Project No. ST. 1998-11
F1NAL ESTIMATE:
M C. Magney Construction, Inc.
19245 Highway 7
P. O. Box 249
Excelsior, MN 55331
Well House No. 1 and Booster Station
Project No. 298
F1NAL ESTIMATE:
Forest Lake Contracting
14777 Lake Drive
Forest Lake, MN 55025
57th Avenue (CR 102) Reconstruction
Project No. ST 1997-4
Estimate No. 3
Ron Kassa Construction
743 8 Upton
Richfield, MN 55423
1998 Miscellaneous Concrete Curb and
Gutter and Sidewalk
$ 4,250.00
$ 4,417.18
$16,039.40
$16,163.65
$215,545.64
CITY COUNCIL MEETING OF SEPTEMBER 14, 1998 PAGE 6
Project No. 315
Estimate No. 5 $ 5,825.21
Councilmember Billings asked that Item No. 9, Licenses, be removed from the consent
agenda and placed on the regular agenda for discussion.
MOTION by Councilmember Barnette to approve the consent agenda, AS AMENDED.
Seconded by Councilmember Billings.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR JORGENSON DECLARED
THE MOTION CARRIED UNANIMOUSLY.
ADOPTION OF AGENDA:
Mayor Jorgenson noted that Item 9 of the consent agenda (Licenses) should be placed on the
regular agenda, immediately preceding Item 15.
MOTION by Councilmember Bolkcom to approve the adoption of the agenda AS AMENDED.
Seconded by Councilmember Barnette.
UPON A VOICE VOTE, ALL MEMBERS 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. Rick Wolfe, 960 Hathaway Lane N.E., stated that he spoke to the Council at the August 24,
1998 meeting in regard to a property directly across the street from him. The home was vacant
and was not being maintained, thus creating an eyesore to the surrounding neighborhood. On
behalf of the neighborhood, he wished to thank Council and staff for their immediate response to
this concern. He noted that the property has been cleaned up, and all of the neighborhood is very
appreciative of staffs efforts.
Mr. Bruce Rehberg, 6540 East River Road, stated that he is aware of the City's sign ordinance
and their desire to keep signage at a minimum in Fridley. However, he felt that the banners which
have been allowed under the temporary sign ordinance deter more from the looks in the City than
some of the existing signage.
There were no further questions or comments from the public.
PUBLIC HEARINGS:
11. ZONING TEXT AMENDMENT, ZTA #98-02, BY THE CITY OF FRIDLEY, TO
CREATE A NEW ZONING DISTRICT FOR INDUSTRIAL LOTS BELOW ONE
CITY COUNCIL MEETING OF SEPTEMBER 14, 1998 PAGE 7
AND ONE HALF ACRES IN SIZE WITH SPECIAL ATTENTION IN THE
ONAWAY ADDITION:
MOTION by Councilmember Bolkcom to waive the reading and open the public hearing at
8:03 p.m. Seconded by Councilmember Billings.
UPON A VOICE VOTE, ALL MEMBERS VOTING AYE, MAYOR JORGENSON
DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE PUBLIC
HEARING WAS OFFICIALLY OPENED AT 8:03 P.M.
Ms. Dacy, Community Development Director, explained that the purpose of this public hearing
was to look at two potential amendments to the zoning ordinance. The first would be to create a
new district for the Onaway Addition, and the second would be to reduce the minimum lot size in
the M-2, Heavy Industrial District, from 1.56 acres to 62,000 square feet.
The Onaway Addition was originally platted and subdivided in 1911, and was originally intended
for residential zoning. However it has been zoned Heavy Industrial since 1958. In the 1973
Zoning Code, there is a 1.5 acre minimum lot size requirement. However there was an exception
created that accepted lots that were recorded before the effective date of that ordinance. In the
early 1980's the City recodified much of its ordinances, and that exception phrase was eliminated
from the M-2 zoning areas. Therefore, the 1.5 acre minimum lot size was required. Most of the
development of the Onaway District occurred during the 1950's and 1970's under the 1973
Zoning Code, which explains why much of the industrial development in the area occurred on
smaller lots.
This public hearing would establish a new special district for this subdivision. At the present time,
out of 54 industrial lots, there are only two that can meet the 1.5 acre requirement. Therefore,
staff recommended that the code be re-written for this particular area to have a minimum lot size
of 10,000 square feet. This would accommodate most of the lots in the Onaway District.
The second part of the public hearing dealt with the other parcels that would be affected by this
proposed change. These parcels are in the immediate area of the Onaway District. Staff
requested that Council change the lot size from 1.5 acres to 62,000 square feet. This would
resolve non-conforming lot sizes for at least three lots. There are also appro�mately eight parcels
in the area, just east of the Onaway Addition, that do have lot areas which range between 52,000
square feet to 60,000 square feet. Staff suggested that in the immediate future the City evaluate
the potential rezoning of some of these parcels as well.
Ms. Dacy noted that the Planning Commission concurred with staffs recommendation. She noted
that a letter was received from Mr. Jim Rhode, of Rhode's Lock & Glass, 39 - 77th Avenue N.E.
In this letter, Mr. Rhodes stated his concern that his property would remain as one of the four
non-conforming lots. He suggested that Council consider making all of the lots in the area
conforming.
MOTION by Councilmember Bolkcom to receive the letter from Mr. Jim Rhodes, dated
September 14, 1998, into the record. Seconded by Councilmember Barnette.
CITY COUNCIL MEETING OF SEPTEMBER 14, 1998 PAGE 8
UPON A VOICE VOTE, ALL MEMBERS VOTING AYE, MAYOR JORGENSON
DECLARED THE MOTION CARRIED UNANIMOUSLY.
With regard to the concerns addressed by Mr. Rhodes, Councilmember Billings, stated that he
understood the situation; however, by making the additional four lots conforming lots would
likely create problems for other property owners whose lots fell just short of the 8,000 square
feet. The City must "draw the line" somewhere. He thought that this proposed change is a very
good attempt on the part of City staff to look at the entire Onaway District and try to come up
with some kind of resolution to future problems. He felt that staff had done a very good job.
Dick Reiling, Micro Matics, stated he felt that staff had done an excellent job of rectifying the
situation. He noted that his property was damaged by fire. Passage of this zoning te�t
amendment would allow him to rebuild his building to the size it was prior to the fire.
Doug Petty, 7805 Beech Street, thanked staff for their expedient work on this matter. He noted
that most of the residents in the area were in support of this amendment. He e�tended his sincere
thanks to staff.
Dick Harris, 6200 Riverview Terrace, stated that he owns parcels in Block 8 and parcels in East
Ranch Estates. He wondered if this zoning te�t amendment would also cover the East Ranch
Estate parcels.
Ms. Dacy responded that this zoning te�t amendment would cover the Onaway Addition. A
separate application and public hearing process would be necessary for the East Ranch Estates
area.
Mr. Harris strongly recommended that the City consider vacating the alley that runs east/west
behind the four non-conforming properties, as the alley is unused and serves no real purpose. He
also noted that when he served on the Planning Commission several years ago, he indicated that
he felt those four parcels should be acquired by the City. He felt the City should look at this
property again to make it into a viable parcel.
Mr. Harris said he believed there were differences in allowable uses for the M-1 and M-2 zoning
districts. He felt that the City should consider the effects rezoning may have on some of those
businesses.
With no further questions or comments, there was a MOTION by Councilmember Billings to
close the public hearing at 8:30 p.m. Seconded by Councilmember Bolkcom.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR JORGENSON DECLARED THE
MOTION CARRIED UNANIMOUSLY AND THE PUBLIC HEARING WAS
OFFICIALLY CLOSED AT 8:30 P.M.
12. REZONING REQUEST, ZOA #98-02, BY ROSLYN PARK WESLEYAN CHURCH,
TO REZONE PROPERTY FROM R-2, TWO FAMILY RESIDENTIAL, TO R-3,
MULTI-FAMILY RESIDENTIAL, SO THAT ALL OF THE CHURCH PROPERTY
CITY COUNCIL MEETING OF SEPTEMBER 14, 1998 PAGE 9
IS LOCATED WITHIN A SINGLE ZONING DISTRICT, GENERALLY LOCATED
AT 5300 SIXTH STREET N.E. (WARD 1):
MOTION by Councilmember Billings to waive the reading and open the public hearing at
8:31 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 8:31 P.M.
Mr. Scott Hickok, Planning Coordinator, explained that this was a rezoning request from Rosyln
Park Wesleyan Church, located at 5300 Si�th Street N.E. They also own the three lots across the
alley, along Fifth Street. At the present time, half of the property is zoned R-2, and the other half
is zoned R-3. The church was looking at a future expansion and would like to rezone the
property now to facilitate their plans. Staff determined that the rezoning request does meet the
criteria and recommended the rezoning. The Planning Commission also approved the rezoning.
There was discussion as to the purpose of the rezoning, especially since churches are allowable
uses in both the R-2 and R-3 districts. Mr. Hickok explained that although it would not be
required, staff did not discourage the rezoning request, which was discussed at the time the
applicant came in to request an alley vacation for the property.
Mr. Hickok discussed the request for alley vacation which Roslyn Park Wesleyan Church
requested. He noted that there is an alley which currently runs through the center of the church
property. To the north is a residential area that shares the alley. One home, in particular, will
need to retain their access to their garage. Another property owner has his garbage collected
from the alley area. The church has put together a proposal that has been reviewed by staff,
which would allow access to those residential property owners who want to continue to have
access to the alley, while vacating a portion for the church's long-range master plan. Mr. Hickok
provided plans to indicate the location of the proposed access drive.
Mr. Gary Brewster, Pastor of the Roslyn Park Wesleyan Church, stated it is their understanding
that if both sides of the alley were zoned the same, it would be helpful in developing the master
plan in its entirety.
With no further questions or comments, there was a MOTION by Councilmember Billings to
close the public hearing at 8:40 p.m. Seconded by Councilmember Bolkcom.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR JORGENSON DECLARED THE
MOTION CARRIED UNANIMOUSLY AND THE PUBLIC HEARING WAS
OFFFICIAL CLOSED AT 8:40 P.M.
13. ZONING TEXT AMENDMENT, ZTA #98-01, BY CELLNET DATA SERVICES
(MSP), INC., TO ALLOW AUTOMATIC METER READING DEVICES IN THE
PUBLIC RIGHT-OF-WAYS AND ON PUBLIC UTILITY STRUCTURES:
MOTION by Councilmember Barnette to open the public hearing at 8:41 p.m. Seconded by
Councilmember Bolkcom.
CITY COUNCIL MEETING OF SEPTEMBER 14, 1998 PAGE 10
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR JORGENSON DECLARED THE
MOTION CARRIED UNANIMOUSLY.
Mr. Hickok, Planning Coordinator, explained that CellNet Data Services requested a zoning te�t
Amendment to allow the location development of Micro Cell facilities. The Planning Commission
considered the request and the language modifications to the City's e�sting telecommunications
ordinance at their August 19, 1998 meeting. Modifications to the ordinance were kept very
specific to automatic meter reading devices. Cellnet would like to provide language in the code to
allow for the placement of AMRD (Automatic Meter Reading Devices).
Mr. Hickok provided a picture of what the micro-cell automatic meter reading devices look like.
They would, in most instances be placed on e�sting Northern States Power poles in
appro�mately 1401ocations.
Mayor 7orgenson asked what impact these devices would have on children and pets in the
residential areas and the effects it would have on invisible fencing in the areas.
Robert Egerer, CellNet Data Services, stated that their company operates within a federally
licensed band width. It does not interfere with radios, cellular phones, etc.
Councilmember Bolkcom asked how soon residents would be converted to the automatic meter
reading system. Mr. Egerer stated it is their hope that this can be completed by the end of this
year.
Mayor Jorgenson asked if trees would need to be trimmed to allow for the signal. Mr. Egerer
explained that they do a significant amount of survey work prior to the installations. If necessary
they may be able to automatically switch the meter reading device over to another reader.
With no further questions or comments, there was a MOTION by Councilmember Bolkcom to
close the public hearing at 9:01 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 CLOSED AT 9:01 P.M.
14. SUPPLEMENTAL PUBLIC HEARING FOR CENTRAL AVENUE IMPROVE-ENT
PROJECT NO. ST. 1998-4:
MOTION by Councilmember Bolkcom to open the public hearing at 9:02 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 OPENED
AT 9:02 P.M.
Mr. Jon Haukaas, Assistant Public Works Director, stated that the purpose of the supplemental
public hearing was to add properties for possible assessment to the Central Avenue Improvement
Project. The original public hearing dealt mainly with the west side of Central Avenue from Rice
CITY COUNCIL MEETING OF SEPTEMBER 14, 1998 PAGE 11
Creek north to Osborne Road. Since that time, the County has shifted the alignment, and some of
the businesses in the area have requested that concrete curb and gutter be added on the east side.
In addition, there was a short section of roadway north of 66th Avenue that does not have
concrete curb.
Mr. Haukaas noted that letters have been received from Medtronic, Inc. and Cummings Power
Generation in support of the project and the assessments. In addition, one more letter was
received requesting clarification of the assessment policy. Mr. Haukaas requested that it be
received into the record.
MOTION by Mr. Billings to receive the letter from Richard Weispfenning, 1310 - 69th Avenue
N.E., dated September 10, 1998. Seconded by Councilmember Bolkcom.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR JORGENSON DECLARED THE
MOTION CARRIED UNANIMOUSLY.
With no questions or comments, there was a MOTION by Councilmember Bolkcom to close the
public hearing at 9:05 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 CLOSED AT 9:05 P.M.
NEW BUSINESS:
8. LICENSES.
MOTION by Councilmember Billings to approve the Licenses. Seconded by Councilmember
Bolkcom.
MOTION by Councilmember Billings to AMEND the approval of the Licenses, by removing from
the main motion the license for Menard's found on Page 9.1 for Christmas Tree Sales. Seconded
by Councilmember Barnette.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR JORGENSON DECLARED THE
MOTION CARRIED UNANIMOUSLY.
MOTION by Councilmember Billings to TABLE the Menard's Christmas tree sales license until
the September 28, 1998 City Council meeting. Seconded by Councilmember Bolkcom.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR JORGENSON DECLARED THE
MOTION CARRIED UNANIMOUSLY.
MOTION by Councilmember Billings to direct staff to contact Menard's and indicate that their
license application has been tabled and to request a meeting with senior management of Menards
to discuss the outdoor storage and outdoor sales that have taken place on the site within the last
week Seconded by Councilmember Bolkcom.
CITY COUNCIL MEETING OF SEPTEMBER 14, 1998 PAGE 12
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR JORGENSON DECLARED THE
MOTION CARRIED UNANIMOUSLY.
15. FIRST READING OF AN ORDINANCE RECODIFYING THE FRIDLEY CITY
CODE, CHAPTER 205, ENTITLED "ZONING", BY ADDING NEW SECTION
205.25, "S-3, HEAVY INDUSTRIAL, ONAWAY ADDITION DISTRICT"; TO
RENUMBER REMAINING SECTIONS IN THE ZONING CODE; TO AMEND
SECTION 205.18.03A; AND TO MAKE A CHANGE IN ZONING DISTRICTS:
Ms. Dacy, Community Development Director, explained that this ordinance would create a
special district as discussed at the public hearing for the Onaway District, change the minimum lot
sizes from 65,340 square feet to 62,000 square feet, and rezone the Onaway Addition to the new
special district, S-3, Heavy Industrial Onaway Addition District.
MOTION by Councilmember Bolkcom to waive the reading and approve the ordinance on first
reading. Seconded by Councilmember Barnette.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR JORGENSON DECLARED THE
MOTION CARRIED UNANIMOUSLY.
MOTION by Councilmember Billings to request that staff work with property owners in the
Onaway District who have multiple parcels that are under separate PIN numbers to encourage
them to combine them under one PIN number. If the property owner does not wish to do so,
staff was requested to work with the City Attorney to find a document that can be filed with
Anoka County on those properties so that any subsequent buyers do not purchase a piece of
property that is less than 10,000 square feet and later be surprised by something in the future.
Seconded by Councilmember Bolkcom.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR JORGENSON DECLARED THE
MOTION CARRIED UNANIMOUSLY.
16. FIRST READING OF AN ORDINANCE TO AMEND THE CITY CODE OF THE
CITY OF FRIDLEY, MINNESOTA BY MAKING A CHANGE IN ZONING
DISTRICTS (REZONING REQUEST, ZOA #98-02, BY ROSLYN PARK
WESLEYAN CHURCH)(WARD 1):
Mr. Hickok, Planning Coordinator, explained that this ordinance would rezone the Roslyn Park
Wesleyan Church property from R-2 to R-3, to allow them to master plan their site for future
development. The Planning Commission recommend approval of this zoning request.
MOTION by Councilmember Billings to waive the reading and approve the ordinance on first
reading. Seconded by Councilmember Bolkcom.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR JORGENSON DECLARED THE
MOTION CARRIED UNANIMOUSLY.
CITY COUNCIL MEETING OF SEPTEMBER 14, 1998 PAGE 13
17. RESOLUTION APPROVING A VACATION, SAV #98-02, GENERALLY
LOCATED AT 5300 SIXTH STREET N.E. (ALLEY VACATION, SAV #98-02, BY
ROSLYN PARK WESLEYAN CHURCH) (WARD 1):
Mr. Hickok, Planning Coordinator, explained that this is a vacation request that initially involved
vacation of the alley from 53rd Avenue to 54th Avenue. The petitioner did work to bring in a 100
percent petition from the neighborhood but discovered that two residents were interested in
retaining the alley behind their property. Therefore, he was unable to obtain the 100 percent
petition. The church worked with the neighborhood and staff to rectify the situation that would
still allow them to eliminate the alley portion on the their lot so that their master plan could
expand over the area which is currently the alley.
The Planning Commission recommended approval with the following stipulations: 1) the
petitioner records an easement to allow garage access for the homeowners at 5329 Fifth Street
N.E., 5331 Fifth Street N.E. and 5367 Fifth Street N.E., and any other property owner north who
may require alley access; 2) the petitioner records an easement over the alley to allow access to
the utilities; 3) the petitioner shall record a new easement to allow a utility access alternative prior
to issuance of the proposed church expansion on the west end of the e�sting church structure; 4)
the petitioner shall apply for and receive a special use permit prior to expansion of their church
facility; 5) the petitioner shall record an easement to provide Amoco continued rights across the
former alley; 6) the petitioner shall provide the improved asphalt or concrete access to Fifth Street
in accordance with a plan to be submitted and approved by the City prior to installation; 7) the
petitioner shall not alter the alley across its property, or in any way limit access by the adjacent
property owners, until the new access has been completed; 8) the petitioner shall hold harmless
the City from any damage or injury that occurs on or over the alley area in the interim, or beyond
the vacation approval and completion of the drive access alternative for the residents still wishing
to utilize the alley north of the church property; 9) the petitioner shall provide reasonable seasonal
maintenance as necessary to assure access to and from the non-vacated portion of the alley; 10)
the petitioner shall receive approval for the turning radius which is to be adequate to handle
emergency vehicles; and 11) the alley shall be sufficiently labeled to prevent the entrance from
being blocked.
Mr. Hickok stated that the church has made some minor modifications to the language in
Stipulation Nos. 1, 2, and 6. They have asked that the changes be made to read as follows: 1)
the City will retain a temporary easement to allow garage access for the homeowners at 5329
Fifth Street N.E., 5331 Fifth Street N.E., and 5367 Fifth Street N.E. and any other property
owner north who may require alley access; 2) the City will retain an easement over the alley for
utilities; and 6) the petitioner shall provide an easement and improved asphalt or concrete access
in accordance with the plan to be submitted and approved by the City prior to installation.
Mr. Hickok noted that staff was satisfied with these modifications. However, the church has
asked that the City omit Stipulation No. 8. This is something that will require further discussion.
Finally, because the property north of the church is Torrens property, and all of them are on
separate Torrens certificates, the church would prefer that the resolution bere-written so that
everything is included in the resolution, that would allow them to file the resolution on each of
those certificates. This would be less costly to them. Mr. Hickok stated that he learned of these
requests today, and he would prefer to discuss the matter with the City Attorney before a decision
is made on this matter.
CITY COUNCIL MEETING OF SEPTEMBER 14, 1998 PAGE 14
Councilmember Billings noted that the si�ty-day limit will expire September 15, 1998. He asked
Attorney Knaak if a verbal agreement as to the e�tension of the application would be legal and
appropriate to allow both the applicant and the City to further review the situation. Mr. Knaak
stated this would be an acceptable.
MOTION by Councilmember Billings to table consideration of this resolution until the
September 28, 1998 City Council Meeting, and ask staff to work aggressively with the petitioner
and his representatives to work out the language. Seconded by Councilmember Bolkcom.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR JORGENSON DECLARED THE
MOTION CARRIED UNANIMOUSLY.
18. FIRST READING OF AN ORDINANCE RECODIFYING THE FRIDLEY CITY
CODE, CHAPTER 205, ENTITLED "ZONING" BY AMENDING NEW SECTION
205.29, "0-5 TELECOMMUNICATIONS TOWERS AND FACILITIES DISTRICT"
TO REGULATE AUTOMATIC METER READING SYSTEMS BY AMENDING
THE THIRD "WHEREAS", AND BY AMENDING SECTIONS 205.29.01, 205.29.02,
205.29.03, 205.29.05, 205.59.07, 205.29.19, 205.29.22, 205.29.23; AND BY
AMENDING SECTION 11.10, FEES (ZONING TEXT AMENDING ZTA #98-01 BY
CELLNET DATA SERVICES):
Mr. Hickok, Planing Coordinator, explained that this is the legislative item that follows up
Council's earlier discussion on CellNet Data Services.
MOTION by Councilmember Bolkcom to waive the reading and approve the ordinance on first
reading. Seconded by Councilmember Billings.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR JORGENSON DECLARED THE
MOTION CARRIED UNANIMOUSLY.
19. VARIANCE REQUEST, VAR #98-25, BY MARGARET SCHATZ, FIRST
INDUSTRIAL L.P., TO ALLOW THE CONSTRUCTION OF A NEW
UNSCREENED LOADING DOCK ADJACENT TO THE PUBLIC RIGHT-OF-
WAY, GENERALLY LOCATED AT 7925 BEECH STREET (WARD 3):
Mr. Hickok, Planning Coordinator, explained that Ms. Schatz is requesting a variance for her
property located at 7925 Beech Street to allow dock doors to face a public right-of-way. Code
Section 205.18.06G(2) requires that all loading docks be located in the side or rear yard and be
screened with a six-foot minimum solid screening fence if visible from the public right-of-way.
This property faces Beech Street. The location of the door is directly inside the entrance drive,
and it would be difficult to provide adequate screening. The applicant claims a hardship in that
the vehicles which are being loaded are substantially lower than the existing dock height doors
present on the building, and loading materials from the e�sting doors could lead to employee
injuries or material damage.
Mr. Hickok noted that the City has approved similar variances. The Appeals Commission
recommended approval of the variance request, and staff has recommended that Council concur
with the Appeals Commission's recommendation. Mayor Jorgenson asked if the other variance
CITY COUNCIL MEETING OF SEPTEMBER 14, 1998 PAGE 15
requests were for the property owner or the lessee. Mr. Hickok noted that one was for the
property owner, and one was to accommodate the lessee.
Councilmember Bolkcom asked if glass doors are an option.
Mr. Dan Shedlor, representing First Industrial, explained that it could be an option; however, of
the 21 buildings, 19 have overhead doors. The door is located directly at the entry, and the
vehicles which will be loaded are not large trucks.
MOTION by Councilmember Bolkcom to concur with the Appeals Commission and to approve
Variance Request #98-25. Seconded by Councilmember Barnette.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR JORGENSON DECLARED THE
MOTION CARRIED UNANIMOUSLY.
20. INFORMAL STATUS REPORTS:
Councilmember Bolkcom asked that staff provide an update on the meeting between Ms. Dacy
and the County Recycling Committee.
Mayor Jorgenson reminded residents that Tuesday, September 15 is Primary Election night and
she encouraged everyone to cast their vote.
Councilmember Bolkcom noted that there was a SOth Anniversary Task Force meeting last week.
The Committee is still looking for residents to serve on the committee.
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 September 14, 1998 was
adjourned at 9:40 p.m.
Respectfully submitted,
Tamara D. Saefke Nancy J. Jorgenson
Recording Secretary Mayor