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The Regular Meeting of the Fridley City Council was called to order by Mayor 7orgenson at 737 p.m.
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Mayor 7orgenson led the Council and audience in the Pledge of Allegiance to the Flag.
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MENIBERS PRESENT: Mayor 7orgenson, Councilman Barnette, Councilman Billings and
Councilwoman Bolkcom
MENIBERS ABSENT: Councilman Wolfe
Mayor Jorgenson stated that Councilman Wolfe was not able to attend the meeting this evening due to
illness.
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Mayor 7orgenson stated that Councilman Wolfe offered suggestions for changes to the minutes with
regard to the Holiday Stationstore item. The minutes do not reflect some of the discussion, and
Councilmember Wolfe asked that these not be approved before the tapes are reviewed and there are
addition, made to the minutes.
MOTION by Councilman Barnette to table approval of the May 10, 1999 minutes. Seconded by
Councilwoman Bolkcom. Upon a voice vote, all voting aye, Mayor 7orgenson declared the motion
carried unanimously.
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Mrs. Pam Meyer's third graders presented posters to Council that they made in conjunction with
Fridley's 50r'' Anniversary celebration. Mrs. Fetrow, teacher's aide, stated that it was decided to do a
class project to make the students aware of the history of Fridley, and the students wished to present
their completed posters.
Clint Massey presented his poster depicting the Fridley ox cart trail and reviewed the background of
this trail. He was interested in how people traveled in these early days, and information was obtained
from his teachers and the library. Clint stated that this trail is now known as East River Road, which
passes in front of his school.
Taylor Felton presented a poster on the May, 1965 tornado in Fridley. He received his information
from the library, as well as personal interviews. Taylor stated that he also went on a field trip to the
Fridley Historical Society, Banfill-Locke House and the Manomin cemetery.
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7esse Backstrom presented a poster on Rice Creek. He chose this subject because Rice Creek is close
to his home. The creek was important for water travel, and the well-known Banfill-Locke House was
built on the creek where it still stands today. Jesse stated that it was one of the few places where
people could obtain lodging. The creek was named for Henry Rice, a former state senator.
7ulia Reinisch presented her poster on the Fridley Tigers, the high school mascot. She stated that she
interviewed Councilman Barnette. According to him, in 1958, the new Fridley High School needed a
mascot. The committee, of which he was a member, chose the tiger because it is fierce and strong and
the colors are black and gold.
Julia stated that the former principal of Stevenson Elementary, Jerry Reiter, told the students that the
Fridley Historical Society was seeking donations and the students raised $107, double their goal, by
doing yard work for this cause.
Councilman Barnette stated that he felt these were wonderful projects, and the future was in pretty
good hands when young people take time to do these projects. He stated that the posters will be on
display at the Fridley Municipal Center.
Mayor Jorgenson thanked the students for the completed projects.
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RECEIVED THE MINUTES OF THE PLANNING COMMISSION MEETING OF
MAY 5, 1999.
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Mr. Burns, City Manager, stated that the City has offsetting General Fund revenues of $34,140
for operation of the curfew center. There are no changes in the Capital Improvements Fund
appropriations.
ADOPTED RESOLUTION NO. 38-1999.
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Mr. Burns, City Manager, stated that this was a continuation of an e�sting agreement with the
Minnesota Department of Public Safety. The terms of this agreement are that designated
firefighters from Fridley, Coon Rapids and the Blaine-Mounds View-Spring Lake Park Fire
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Departments would provide chemical assessment team response for the northern metropolitan
area. The counties included in the primary response district are: Anoka, Chisago, Isanti,
Kanabec, and portions of Hennepin, Ramsey and Sherburne counties. He stated that in
consideration for the City's service, the State reimburses team operating expenses up to
$40,000 per year, and reimburses the team for additional expenses incurred when responding
to an incident. It also furnishes the team with an emergency vehicle, equipment trailer and
specialized hazardous materials supplies and equipment.
ADOPTED RESOLUTION NO. 39-1999.
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Mr. Burns, City Manager, recommended that Kyle Birkholz be appointed as the City's Liquor
Operations Manager. He stated that Mr. Birkholz has a B.S. Degree in economics and a B.A.
Degree in political science from the University of Minnesota. Mr. Birkholz has over eight
years of progressive experience in retail management with Fridley's municipal liquor operations
and is proficient in computer applications for the City's liquor operations.
APPROVED THE FOLLOWING APPOINTMENT:
Starting
NamP Lo�itiQn �a� I�a�e RPnT
Kyle Liquor $51,206.74 May 25, Michael
Birkholz Operations per year 1999 Larson
Manager
Exempt
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AUTHORIZED PAYMENT OF CLAIM NOS. 87077 THROUGH 87306.
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APPROVED THE LICENSES AS SUBMITTED AND AS ON FII,E IN THE
LICENSE CLERK'S OFFICE.
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APPROVED THE ESTIMATES, AS FOLLOWS:
Park Construction Co.
7900 Beech Street N.E.
Minneapolis, MN 55432-1795
Riverview Heights Area Improvement
Project No. ST. 1999-1
Estimate No. 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $41,749.65
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No persons spoke regarding the proposed consent agenda.
MOTION by Councilman Barnette to approve the consent agenda items. Seconded by Councilwoman
Bolkcom. Upon a voice vote, all voting aye, Mayor 7orgenson declared the motion carried
unanimously.
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MOTION by Councilman Billings to adopt the agenda as submitted. Seconded by Councilwoman
Bolkcom.
MOTION by Councilman Billings to amend the agenda by adding an item after the Open Forum and
before Old Business. The item is: Reconsideration of Special Use Permit, SP #99-01 by Holiday
Companies. Seconded by Councilwoman Bolkcom. Upon a voice vote, all voting aye, Mayor
Jorgenson declared the motion carried unanimously.
UPON A VOICE VOTE TAKEN ON THE MAlN MOTION, all voted aye, and Mayor 7orgenson
declared the motion carried unanimously.
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No persons in the audience spoke under this item of business.
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MOTION by Councilman Billings to reconsider Special Use Permit, SP #99-01, by Holiday
Companies. Seconded by Councilman Barnette. Upon a voice vote, all voting aye, Mayor 7orgenson
declared the motion carried unanimously.
Councilman Billings stated that in the last two weeks, Council was made aware that this parcel in
question has two zoning districts, G 1 and C-2. With this in mind, he suggested a stipulation that he
believed would clarify the location of a building on this particular site. He stated that the added
stipulation is as follows: (21) The petitioner and the City of Fridley acknowledge that this parcel has an
area zoned C-2 and an area zoned C-1. Any car wash can only be constructed and operated on that
portion of the parcel that is zoned C-2. However, the petroleum fueling and the convenience store may
be located on any combination of G1 or C-2 portions of the site, subject to setback requirements, and
other zoning restrictions. Nothing herewith, is intended to imply that there would be any change in the
zoning on this parcel as a result of this special use permit.
Councilman Billings stated that he felt this added stipulation would clarify that the car wash cannot be
on the portion of the site that is zoned G 1 and can only be located on the portion of the site zoned C-
2. He stated that this would avoid any misunderstanding that, by approval of the special use permit,
Council had done a rezoning on the C-1 portion of the property.
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Mayor 7orgenson stated that she raised the question on the zoning of this parcel. In checking the
records, it was found that a portion of the property is zoned G 1. She stated staff indicated that this
issue could be discussed this evening; however, a public hearing is required in order to notify the
residents who may want to comment.
Mayor 7orgenson stated that she received a letter regarding this special use permit from Roger and
Marlene Sonstegard, 1249 Hathaway Lane. These property owners were unable to attend the meeting
this evening and wanted to make sure that Council received their information. She stated that if
Council was going to consider adding an additional stipulation, comments should be received from the
residents this evening or when the hearing is held.
Councilman Billings stated that a special use permit request does not require a public hearing at the
Council level, but that the hearing is held by the Planning Commission. He stated that significant new
information has been received regarding the zoning on this parcel; however, the primary reason for his
affirmative vote at the last meeting was because a special use permit already e�sts for the petroleum
fueling.
Councilman Billings stated that when a vote was taken May 10 on this special use permit, the car wash
was a major consideration, as it would generate an additional one hundred cars per day. He stated that
he did not feel that this additional traffic would create a significant impact on the health, safety, or
welfare of the residents. Councilman Billings stated that he moved to reconsider this special use permit
due to new information on the zoning and to clarify that the car wash could not be on the G 1 portion
of the site.
Mr. Knaak, City Attorney, stated that the question was raised on how to proceed in light of the new
information regarding the zoning on this parcel. He stated that since there was a duly enacted special
use permit, the appropriate procedure was to review the special use permit. He stated that what
Councilman Billings was proposing was actually a reconsideration of this special use permit. He stated
that, by the unanimous approval of the motion to reconsider, Council now has the special use permit
before them with a suggested amendment to the original motion. Mr. Knaak stated that, ordinarily,
items are not revisited in this manner; however, it is allowed under Robert's Rules of Order. He stated
that it is not illegal or inappropriate to reconsider the motion and no new notification is required.
Mayor Jorgenson stated that the petitioner received notice and is present this evening. She stated that
she received countless telephone calls from residents and was told that property owners had to be re-
notified and the item brought back on 7une 14.
Mr. Knaak stated that with respect to the re-notification, the process could be followed as it is
permitted, but it was not one he would expect and recommend.
Mayor Jorgenson stated that the additional information was not available at the last Council meeting
relating to the initial rezoning of the property in 1976.
Mr. Knaak stated that he understood there was a mistake regarding the zoning. This would be
justification for revisiting the special use permit, if Council so chooses.
Councilwoman Bolkcom stated that she felt no action should be taken until the public hearing on
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7une 14 so that everyone could be re-notified.
Councilman Barnette stated that based on the fact that Councilman Wolfe could not be present this
evening he would agree that Council should not take action until the June 14 meeting.
Mayor Jorgenson stated she concurred that Council should wait until June 14 to take action on this
item.
Councilman Billings stated that by reconsideration of this special use permit, it nullifies the action taken
at the May 10 meeting. Therefore, the special use permit is not approved and is before the Council as
originally submitted. He felt that it was not necessary to advertise for a public hearing and questioned
the procedure if the petitioner were to withdraw his request for the special use permit.
Mr. Hickok, Planning Coordinator, stated that in 1976, a special use permit was issued for the Union
76 gas station that allowed dispensing of motor fuel on this parcel. He stated that the special use
permit could remain in place if Holiday were to purchase the property and not change the use. He
stated that the City could review this special use permit if there are significant changes. The reason for
the request for a new special use permit was because of the razing of the building and the new
installation of tanks, lighting and a ventilation system.
Councilman Billings asked if a convenience store could be located on the site.
Mr. Hickok stated that a convenience store is a permitted use in this zoning district without a special
use permit, but a building permit would be required.
MOTION by Councilwoman Bolkcom to table the reconsideration of Special Use Permit, SP #99-01
to 7une 14, 1999. Seconded by Councilman Barnette. Upon a voice vote, all voting aye, Mayor
Jorgenson declared the motion carried unanimously.
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MOTION by Councilman Billings to remove this item from the table. Seconded by Councilman
Barnette. Upon a voice vote, all voting aye, Mayor 7orgenson declared the motion carried
unanimously.
Councilman Billings stated he understands that Medtronic has reached an agreement with the property
owner at 5675 Quincy Street.
Ms. Cindy Arndt, attorney for Medtronic, stated that Councilman Billings was correct. They have
reached an agreement to acquire the property at 5675 Quincy Street.
MOTION by Councilman Billings to table this item indefinitely. Seconded by Councilwoman
Bolkcom. Upon a voice vote, all voting aye, Mayor 7orgenson declared the motion carried
unanimously.
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Ms. Dacy, Community Development Director, stated that Medtronic acquired seven homes for the re-
alignment of the roadway for their development. The plan was to reconnect 7ackson Street on the east
with Carrie Lane and connect with Quincy Street on the west. She stated that staffis working with the
developer, landscape architect, and the two remaining property owners north of Carrie Lane for
installation of spruce and evergreen trees on the north side of Carrie Lane. There would also be a
bikeway/walkway connection to link Carrie Lane and the parkway.
Ms. Dacy stated that Medtronic would be conveying the land and platting it as a right-of-way. The
remaining amount of land to be sold to Medtronic would be all of the land predominately on the east
half of the site.
Ms. Dacy outlined the five stipulations attached to this vacation request as E�ibit A.
MOTION by Councilman Billings to waive the reading and adopt Resolution No. 40-1999, with the
following stipulations attached as E�ibit A(1) The petitioner shall reconstruct Carrie Lane, as shown
in E�ibit B, with the understanding that the north curb line of Carrie Lane is 20 feet from the north lot
line and the petitioner installs a row of trees along the north lot line: (2) The petitioner shall convey the
land to the City necessary for the Carrie Lane reconstruction and on the plat, dedicate 66 feet right-of-
way for reconstructed Carrie Lane; (3) The petitioner shall submit a final landscape and irrigation plan
to be approved by the City prior to issuance of the first building permit; (4) The petitioner shall submit
a final construction plan to the City Engineering Division for review and approval prior to demolition
of e�sting Carrie Lane; and (5) The petitioner shall
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maintain the vegetation contained in the outlot south of the new Carrie Lane right-of-way. All
landscaped areas around reconstructed Carrie Lane. Seconded by Councilwoman Bolkcom.
MOTION by Councilman Billings to amend Stipulation No. 5 to eliminate the words "all landscaped
areas around reconstructed Carrie Lane." Seconded by Councilman Barnette. Upon a voice vote, all
voting aye, Mayor 7orgenson declared the motion carried unanimously.
UPON A VOICE VOTE TAKEN ON THE MAlN MOTION, all voted aye, and Mayor 7orgenson
declared the motion carried unanimously.
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Mayor Jorgenson stated that there were residents present regarding a petition for stop signs at
Hathaway Lane and Hackmann Avenue, as well as Hathaway Lane and Hackmann Circle. She stated
that it appeared this would be a request for permanent stop signs in that neighborhood.
Councilman Billings stated that the City has usually installed stop signs when they have been requested.
He stated that, as he understands, Mayor Jorgenson would like to replace the yield sign at Hathaway
Lane and Hackmann Avenue with a stop sign.
Mayor Jorgenson stated that the question from staff was if this would be a temporary or permanent
sign.
Councilman Billings stated that a request usually comes from the residents in the area, and he would
like to have the petition to review.
Ms. Carolyn Thompson, 960 Hackmann Circle, stated that she felt several stop signs would be needed
in this neighborhood, especially with the Holiday stationstore. She stated that she circulated a petition
to consider several options to reduce the speed in the neighborhood. Stop signs were one
consideration. She stated that there are a lot of children in the area, and she was concerned for their
safety.
Mayor 7orgenson stated she is aware that Councilman Wolfe was working with the residents on this
issue, so she asked for this item to be placed on the Council's agenda for action. She stated that
Council requested a strong traffic enforcement in this area.
Mr. Flora, Public Works Director, stated that a temporary sign would be installed at Hathaway Lane
and Hackmann Avenue.
Councilman Billings asked that the City place some red warning flags so motorists are aware of the
new stop sign.
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MOTION by Councilman Billings to remove this item from the table. Seconded by Councilman
Barnette. Upon a voice vote, all voting aye, Mayor 7orgenson declared the motion carried
unanimously.
Ms. Dacy, Community Development Director, stated there was a clarification regarding the preliminary
plat since it was last considered at the May 10 meeting. She stated that there was a purchase
agreement in place for the property at 5675 Quincy Street, so this property has been added to the
preliminary plat. Ms. Dacy stated that there was now a continuous outlot on the north side of the
property that would be used for screening and vegetation. She stated that there were a number of
discussions since the May 10 meeting and Stipulation Nos. 13 and 15 had been changed and clarified.
Ms. Dacy stated the that Planning Commission recommended approval of this preliminary plat. Staff
also recommended approval with the changes to Stipulation Nos. 13 and 15.
MOTION by Councilman Billings to approve preliminary plat request, P. S. #99-01 by Medtronic, Inc.
with the following stipulations: (1) The petitioner shall provide a minimum right-of-way width of 90
feet for Bridgewater Drive, east of the west right-of-way of Quincy Street, and dedicate as right-of-
way the land south of Lots 12, 16, Block 11 and Lot 9, Block 5, Donnays Lakeview Manor Addition;
(2) The petitioner shall provide a minimum Bridgewater Parkway right-of-way width of 66 feet, while
also providing an outlot for the planted area, north of Bridgewater Parkway, west of the west right-of-
way line of Quincy Street; (3) The petitioner shall close the Lake Pointe Drive connection to Seventh
Street or provide "Road Closed" and/or "Dead-end" signage; (4) The petitioner shall recognize that all
utilities outside the Bridgewater Drive or Seventh Street rights-of-way become a private system to be
owned and maintained by Medtronic; (5) The petitioner shall repair and maintain an irrigation system
for the entire site; (6) The petitioner shall copy the City on all storm water submittals to the Rice Creek
Watershed District including but not limited to, plans calculations and narratives; (7) The petitioner
shall provide a Storm Pond Maintenance Agreement for all ponds within the site; (8) The petitioner
shall pay park dedication fees in the amount of $44,522.48, prior to issuance of Phase I building
permits; (9) The petitioner shall construct Bridgewater Drive from Seventh Street to Highway 65 as
part of Phase I construction according to plans submitted as part of this application and shall comply
with the Municipal State Aid construction standards; (10) The petitioner shall install an 8 foot
bikeway/walkway from Seventh Street to Highway 65 along the north side of Bridgewater Drive.
Connections to the neighborhood to the north shall be made to Quincy Street and from Jackson Street;
(11) The petitioner shall recognize and be responsible for providing a separate easement agreement
where bikeways/ walkways are not located within the public right-of-way, (12) A pavement stripe or
other readily visible means of identification shall be provided on the surface of Bridgewater Parkway to
allow pedestrian crossing (13) The petitioner shall be responsible for maintaining the ground cover and
landscaping in the median and the boulevards in the parkway as well as maintaining the landscaped area
around Quincy and Jackson Streets; and (14) The petitioner shall record an easement/agreement
permitting emergency vehicle access on the site including access to fire hydrants. Seconded by
Councilman Barnette.
MOTION by Councilman Billings to amend the stipulations by changing Stipulation No. 13 to read as
follows: (13) The petitioner shall be responsible for maintaining the ground cover and landscaping in
the median and the boulevards in the parkways, as well as maintaining the landscaped areas contained
in the outlots along the northern border of the project.
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Further, to add Stipulation No. 15 as follows: (15) The petitioner shall submit a letter of credit or
performance bond equal to the construction cost of the public street (Lake Pointe Drive, now known
as Bridgewater Drive) and public utilities. The letter of credit or a bond will be held for a period of one
year after completion of the improvements. The petitioner proposes to install the final mat after Phase
I development and before construction is completed on the entire site. If any street deterioration is
visible after completion of the last phase of development on the site, Medtronic, Inc. or its successors
will guarantee a mill and overlay or where reasonably appropriate make repairs sufficient to restore
Lake Pointe Drive (now known as Bridgewater Drive) to a"like new" condition. Seconded by
Councilwoman Bolkcom. Upon a voice vote, all voting aye, Mayor 7orgenson declared the motion
carried unanimously.
UPON A VOICE VOTE TAKEN ON THE MAlN MOTION, all voted aye, and Mayor 7orgenson
declared the motion carried unanimously.
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Ms. Dacy, Community Development Director, stated that she was pleased to present the
redevelopment agreement with Medtronic, Inc. to allow them to construct their corporate
headquarters. She stated that the definitions used in this agreement are the same as those of the
Housing and Redevelopment Authority, and it outlines the rights and obligations of the City and
Medtronic, Inc.
Ms. Dacy stated that Article I defines office and related uses, minimum improvements, parking
structures, and public improvements. Article II includes public improvements that are available to the
site, acknowledges there may be buildings ten stories in height, and parking structures and buildings
may have a fair market value below actual costs. Article II further provides that Medtronic has
corporate approvals to build minimum improvements, must comply with City requirements and
implement the Master Plan, pay prevailing wage rates, pay customary fees associated with
development, and construct a new parkway as a public street. Article III provides for Master Plan
amendment action within si�ty (60) days of filing complete application and incremental construction
process in place. Article IV provides for the termination date. Article V provides for failure to
perform the requirements under the contract. Article VI covers special provisions for the best efforts
to construct TH 65 improvements, the seeking of Federal funding and providing local match, Rice
Creek access issues, and construction work hours. Article VII covers the expansion of the roadway
and Medtronic's agreement to reimburse the City if any parcels related to the realignment of the
roadway have to be taken by eminent domain.
Ms. Dacy stated that staff recommended this redevelopment agreement be approved by Council.
Mayor 7orgenson asked about the construction work hours and if there have been any other early 7:00
a.m. starts. She was concerned about the residents in the area with construction beginning this early in
the morning.
Mr. Flora, Public Works Director, stated that there have been early starts in the past in several
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residential areas.
Councilman Barnette stated that the construction equipment would be about two hundred yards from
homes. He did not feel it would have a large impact on the residents.
Councilman Billings asked if Article VII was necessary. Ms. Dacy stated that this was discussed and
was made a part of the agreement in the event there was a problem with acquisition.
Councilwoman Bolkcom asked for an explanation of Article II, Section 1.
Ms. Dacy stated that this section states that Medtronic would not pay for any special assessments. She
stated that this was because they would be undertaking the site improvements themselves.
Councilwoman Bolkcom stated that she was concerned about the si�ty (60) day time limitation under
Article III.
Ms. Dacy stated that Medtronic can build up to 1.6 million square feet under the provisions of the
Master Plan; however, if there were any environmental issues, State law requirements would prevail.
Councilwoman Bolkcom asked for an explanation of Article VI, Section 6.9.
Ms. Dacy stated that the agreement provides that the City will use their best efforts to secure funding.
It is not, however, a requirement, but something that has been done in the past. She stated the key
point in Section 6.9 allows Medtronic to continue to develop without the TH 65 improvements.
Councilwoman Bolkcom asked if in Article VI, Section 6.10, Medtronic is requesting more than is
required by the City.
Ms. Dacy stated that Rice Creek access would be paid for by Medtronic because it is access on their
property.
Mr. Flora, Public Works Director, stated that Schedule D referred to water and sewer on Bridgewater
Drive. He asked if this was the new or e�sting Bridgewater Drive.
Ms. Dacy stated that the lines underneath the right-of-way would be public improvements, and the lines
outside the public right-of-way would be private.
Mr. Flora stated, as he understands, there are e�sting utilities on Bridgewater Drive, but they would be
removed, and the City would have no responsibility for them. Ms. Dacy stated that was correct.
Councilwoman Bolkcom asked if action on this item could be postponed until the ne�t Council
meeting.
Ms. Arndt, attorney for Medtronic, stated that this has been a year of long arduous negotiations and
discussions. She stated that Medtronic has space they are currently leasing and the schedule for the
ne�t several days was contingent on approval of this agreement. She stated that Medtronic would need
to contact the MPCA, and they cannot do so until this agreement is approved. She felt this was a good
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agreement. By tabling the item, nothing would change in the ne�t several weeks. Ms. Arndt stated
that Medtronic's senior management was adamant on Thursday that this agreement be approved in
order to keep their schedule on track.
Mayor Jorgenson stated that Council had not had an opportunity to discuss this agreement until
tonight's meeting. She stated that there was a lot of material to review. The possibility of a joint
meeting of the City Council and the HRA was suggested to discuss this agreement.
Ms. Arndt stated that the meeting with the HRA last Thursday evening went very well. She stated that
Mr. Casserly discussed fiscal disparities and felt that a delay in action on this agreement would not
change the end result. She stated that they were unable to come to a solution on how to balance the
fiscal disparities, but they would work with Mr. Casserly on this issue.
Councilman Barnette asked how the HRA voted on this agreement. Ms. Dacy stated that the vote was
unanimous for approval of the agreement.
Councilman Barnette stated that he felt comfortable approving the agreement. He stated that this
development was one of the most exciting things that has happened in Fridley. He did not know of any
issues that would change his opinion if the item was tabled for several weeks.
MOTION by Councilman Billings to authorize the appropriate City staff and officials to enter into this
redevelopment agreement with Medtronic, Inc. Seconded by Councilman Barnette.
Councilwoman Bolkcom stated she agreed that staff and everyone has been working diligently on this
agreement, and she would not want to jeopardize this project.
Mr. Burns, City Manager, stated that the City still has a very significant decision to make in July
regarding e�tension of the tax increment financing district; however, construction could begin without
the City relinquishing total control.
Councilman Billings stated that throughout negotiations, senior management at Medtronic has been
apprised of the negotiations and consistently provided direction, goals, and limitations. He stated that
due to the open meeting law, Council has not had this opportunity. He stated, that as it was pointed
out, changes could be made to the agreement prior to approval of the tax increment district.
Mr. Casserly stated that the issue of e�tending the tax increment financing district would have to come
back to Council. He stated that Council approval was necessary, as well as the approval of the school
district and the county. In addition to these approvals for the e�tension, the HRA would be involved in
approving a tax increment budget. The budget was not large enough to provide for the types of
assistance required. Mr. Casserly stated that there would be a series of approvals for the tax increment
district, and public hearings would have to be held by Council and the HRA.
Mr. Casserly stated that Medtronic understands the concern about the special law that was passed and
has discussed a lot of the issues.
Mr. Donn Hagmann, Director of Real Estate Facilities for Medtronic, stated that Councilman Billings
indicated that senior management had an opportunity to review the agreement in detail. He stated that
this was not the case; however, and he and Ms. Arndt are involved in this task Mr. Hagmann stated
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that their request for expeditious approval was from a fiscal responsibility, as Medtronic would be
spending a lot of money on this project, and every month of delay is very costly. He stated that he
would appreciate Council's approval of the agreement.
UPON A VOICE VOTE TAKEN ON THE ABOVE MOTION, all voted aye, and Mayor 7orgenson
declared the motion carried unanimously.
Mayor 7orgenson thanked everyone for working through these very difficult issues and stated that she
looked forward to working with Medtronic.
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Mayor 7orgenson stated that Council has had considerable discussion already on this item.
Councilman Barnette asked if Holiday has agreed to eliminate its car wash on this site, as stated in
staffs memorandum dated May 10. He asked if this public hearing would be for the car wash.
Mr. Hickok, Planning Coordinator, stated that the site plan shows the elimination of the car wash on
this site.
Councilman Barnette stated that for the residents, this answers the question that the car wash was no
longer on the site plan.
Mayor 7orgenson stated that the public hearing is for clarification.
Mr. Knaak, City Attorney, stated that, for clarification, by tabling Special Use Permit, SP #99-01,
technically speaking SP #99-01 would not be reviewed by Council since it has not been approved. He
stated that there was another special use permit for the site, and it would be appropriate for Council to
review the e�sting special use permit. He believed it was Council's intention to deal with the issues of
the special use permit that already e�st on the site.
Mr. Knaak stated that he would suggest two specific actions. He stated that Council has already taken
action to table Special Use Permit, SP #99-01, and the other action would be a hearing to review the
special use permit granted in 1976. He felt that the record should be clear so that there was only one
special use permit on this site, and Council should review the one passed in 1976.
Mayor Jorgenson stated that the special use permit issued in 1976 needs to be reviewed, but it would
not preclude Council from removing Special Use Permit, SP #99-01 from the table.
Councilman Billings asked if there was sufficient time for notice and publication in the newspaper for
the 7une 14 hearing.
Mr. Hickok stated that staffwould have time to advertise this hearing.
Councilman Barnette stated that it should be clear to residents what the Council would be reviewing.
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MOTION by Councilwoman Bolkcom to set the public hearing for 7une 14, 1999 to review the
e�sting special use permit of the gas station located at 5695 Hackmann Avenue. Seconded by
Councilman Barnette. Upon a voice vote, all voting aye, Mayor 7orgenson declared the motion carried
unanimously.
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Mr. Bolin, Planning Assistant, stated that this was a request for a variance to reduce the required rear
yard setback from 40 feet to 19.2 feet in order to allow the construction of a seven-unit townhome
structure at 7411 University Avenue. He stated that this property was under consideration for a
rezoning from R-2 to R-3. This rezoning would be on Council's 7une 14 agenda, along with a final
plat.
Mr. Bolin stated that condominiums are permitted in a R-3 zoning district only. He then presented
background history on this property dating back to 1961. Mr. Bolin stated that staff felt this request
did not meet the criteria for the variance, as there was no undue hardship, as defined by the law. He
stated that it was possible to develop the site without the need for a variance if the units were reduced
from seven to six.
Mr. Bolin stated that both the Appeals and Planning Commissions recommended approval of the
variance with the stipulations suggested by staff.
Mayor Jorgenson asked the rear yard setback of adjacent R-3 buildings.
Mr. Bolin stated that the average is about a 70-foot rear setback.
Mr. Tim 7awor, the petitioner, and his partner, Mr. Max Miller, addressed Council regarding their
variance request.
Mr. Jawor stated that, in 1994, there was a proposal for seven units, which were only 18 feet wide with
very small bedrooms and single garages. This proposed project met all the setbacks, but the units were
not desirable. Mr. Jawor stated that the units proposed in this project would be 21 feet wide with
double garages and entrances. He stated that the unit on the end encroaches into the rear yard setback,
but there would be 3,000 square feet of green space and less density than an apartment building. He
stated that the configuration of the lot and the type of development causes the hardship.
Mr. Jawor stated that these units would be owner/occupied, moderately priced townhomes with two
and three bedrooms. He stated that the encroachment would be in the parking lot areas. He felt this
development would not be detrimental to the neighborhood but an enhancement.
Mayor 7orgenson asked where the children living in these units would play.
Mr. Jawor stated that there was a park in close pro�mity. He stated that concern was expressed at the
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commission meeting about children playing in the church parking lot. He felt that no matter what type
of development was on this site, children playing in the church parking lot could possibly be a problem.
He stated that a fence would be installed along the entire east side to keep persons from the church
property. Mr. 7awor stated that the only other concerns of the neighborhood were increased traffic and
owners of the units leaving trailers outside and garage doors open. He felt that with any development,
there would be some increased traffic, and it could be stated in the by-laws that there would be no
trailers outside or no garage doors left open. He stated that the owners of the adjacent apartment
complex were in favor of this development. Another resident was concerned about how her halfway
house would impact this development.
Mayor 7orgenson stated that the reason for the setback was to provide green space and areas where
children could play on their own property.
Mr. 7awor stated that each unit would have its own semi-private area with a deck This area would be
21 foot by 18 foot in size.
Mayor 7orgenson questioned if the reason for constructing seven units, rather than six, was due to
economics.
Mr. Miller stated that by having seven units, it would reduce the cost for the buyers of these units.
Councilwoman Bolkcom stated she did not believe that by having seven units, rather than s�, it would
reduce costs that much for the owners.
Mr. Jawor stated that the costs to the owners for long-term maintenance would be reduced by about
fifteen percent if they could construct seven units and also reduce the initial cost of the townhomes.
Mayor 7orgenson questioned if the financial situation could be considered a hardship.
Mr. Knaak, City Attorney, stated that the statute was quite clear and states, specifically, that economic
hardship is not a basis for granting a variance.
Mr. Jawor stated that there are economic considerations, but the hardship was really the configuration
of the lot. The lot was configured in such a manner for a twelve-unit apartment complex. Townhomes
require a different configuration to allow the density under the zoning.
Councilman Barnette asked about the drainage and if there was a plan.
Mr. 7awor stated that a drainage plan was submitted and approved. The plan was for a storm holding
pond in the front with water from the back flowing down the south lot line to the pond into the storm
system.
Councilman Billings stated that he could not agree with the financial hardship. He stated that if only s�
units were constructed at 21 feet, there would still be a need for a small variance, unless the end unit
was built at 20.8 feet. He stated that he would support such a variance, but he could not support a
variance to reduce the rear yard setback to 19.2 feet.
Mr. Jawor stated that the lot was designed for a twelve-unit apartment complex, but he felt the City
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would prefer to have owner/occupied townhomes rather than apartments.
Councilman Barnette stated that both the Appeals and Planning Commissions voted unanimously to
recommend approval of this variance. He stated that there are some necessary soil corrections, and this
property had been vacant for a long time. He stated that the owner of the property to the north.
Mr. Hansen, and Mr. Kirkham, representing Grace Lutheran Church, were both in favor of the project,
and he would be inclined to approve the variance.
Councilwoman Bolkcom stated that s� units could be built on this parcel, and she did not feel the City
should sacrifice green space.
Mayor 7orgenson stated that a 19.2 foot rear yard setback was unreasonable and would set a
precedent. She felt that the request did not meet the criteria for a variance.
Mr. Jawor stated that in the Innsbruck area there are some rear yards that are not set back 40 feet.
Mayor 7orgenson stated that was due to the sharing of common spaces surrounding the townhomes.
Mr. Hickok stated that in the development to which Mr. Jawor is referring the footprints of those
buildings impose on one another; however, the proper setbacks and green space are met outward to
adjacent properties.
Councilman Billings asked Mr. 7awor if he preferred that Council vote on the variance this evening or
if he would like to work with staff to try to come up with another plan.
Mr. 7awor stated he would like more time to determine how he wishes to proceed.
MOTION by Councilman Billings to table Variance Request, VAR #99-OS in order to ascertain the
necessary information and to e�tend the review period for another si�ty (60) days and to notify the
petitioner in writing of the si�ty (60) day e�tension as soon as possible. Seconded by Councilwoman
Bolkcom. Upon a voice vote, all voting aye, Mayor 7orgenson declared the motion carried
unanimously.
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MOTION by Councilman Billings to table Plat Request, P. S. #99-02 in order to ascertain the necessary
information and to e�tend the review period for another si�ty (60) days and notify the petitioner in
writing of the si�ty (60) day e�tension as soon as possible. Seconded by Councilwoman Bolkcom.
Upon a voice vote, all voting aye, Mayor 7orgenson declared the motion carried unanimously.
Councilman Billings encouraged the petitioner to take a serious look to see what needs to be
accomplished in order to construct s� units on this site.
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Mr. Flora, Public Works Director, stated that this proposed change in the ordinance was to address
"snowbirds." He stated that there was a problem with plowing in the winter due to vehicles parked in
the street. He stated that this addition to the ordinance would restrict the parking of vehicles on City
streets from 2:00 a.m. to 6:00 a.m. commencing the first day of November to and including the first
day of May of the following year. He stated that this amendment was proposed to improve the City's
snow plowing efficiency and the safety on City streets during the winter months.
Councilwoman Bolkcom asked how the residents would be notified of this change.
Mr. Flora stated that articles could be published in the newsletter.
Mayor Jorgenson asked if signs would be posted prohibiting parking.
Mr. Flora stated that was a possibility, but staffwas not proposing that this be done.
Mayor 7orgenson asked if people are issued tickets if they could plead their case that the City had not
posted signs.
Mr. Knaak, City Attorney, stated that argument gets very little sympathy in court, and ignorance of the
law is no excuse. He stated that the City is not under any obligation except to publish the ordinance.
Councilman Billings stated that other cities actually have an advertising blitz where notices are placed
on windshields of vehicles around the first part of October. This places them on notice that vehicles
must be off the street beginning the first of November until the first of May of the following year. He
stated that most surrounding cities have signs at the entrances to the City indicating that there is such
an ordinance. He felt that perhaps the signs might be considered for around the perimeter of the City.
Mayor Jorgenson stated that flyers could be sent to the apartment owners notifying them of this
ordinance so they could advise their tenants.
MOTION by Councilman Barnette to waive the reading and approve the ordinance on first reading.
Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor 7orgenson declared the
motion carried unanimously.
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Mr. Flora, Public Works Director, stated that this ordinance was to protect the public health and safety
by restricting the disposition and storage of snow or ice on public streets, sidewalks, bikeway
walkways, boulevards and other public and private property. The ordinance would also establish a
penalty system for repeated offenses.
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Councilman Billings noted that the penalties could amount to a large sum, if no cap was imposed. He
asked that staff review the language pertaining to snow removal fees.
MOTION by Councilman Billings to waive the reading and approve the ordinance on first reading.
Seconded by Councilwoman Bolkcom. Upon a voice vote, all voting aye, Mayor 7orgenson declared
the motion carried unanimously.
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Mr. Burns, City Manager, stated that staff had no informal status reports.
Councilwoman Bolkcom stated that two events were held relating to Fridley's SOth Anniversary
celebration. One was a barbecue sponsored by the Southern Anoka County Chamber of Commerce,
which was a great success. People indicated that they would like it continued every year. She stated
that the other event was the Sounds of 7ubilation concert organized by 7ulie Doth and sponsored by St.
William's Catholic Church. The music was beautiful, and the event was well attended.
Councilman Barnette stated that 7une 20 is the all-school reunion for Fridley High School. He stated
that former students who have not received a letter may contact Sue Anne Kirkham at the Municipal
Center for further information. He stated that there has been a good response from former students,
and current and former staff.
Mayor 7orgenson stated that the `49ers Days parade will be 7une 17. On 7une 26, there will be a
number of events at Columbia Arena including a garage sale, paid-entry wrestling matches, and the
Upper Midwest Auto E�trication Competition at the Training Center site behind Columbia Arena.
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MOTION by Councilwoman Bolkcom to adjourn the meeting. Seconded by Councilman Barnette.
Upon a voice vote, all voting aye, Mayor 7orgenson declared the motion carried unanimously and the
Regular Meeting of the Fridley City Council of May 24, 1999 adjourned at 1031 p.m.
Respectfully submitted,
Carole Haddad Nancy J. Jorgenson
Recording Secretary Mayor