06/14/1999 - 00000565THE MINUTES OF THE REGULAR MEETING OF THE FRIDLEY CITY COUNCIL
OF JUNE 14, 1999
The Regular Meeting of the Fridley City Council was called to order by Mayor Jorgenson at
7:30p.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, Councilmember Barnette, Councilmember
Billings, Councilmember Bolkcom and Councilmember Wolfe.
MENIBERS ABSENT: None
PRESENTATION:
City of Fridley SOth Anniversary and Fridley '49er Days: June 16-20, 1999
Fridley '49er Days President: Chuck McKusick
Mr. McKusick introduced Mandy 7achymowski, Stacey Ellestad, and Angela Nolan as the official
Fridley '49er Days royalty. Stacy Ellestad was Miss Fridley, and Angela Nolan and Mandy
Jachymowski were the Fridley Princesses. Mr. McKusick commended the '49er Days royalty for
being truly outstanding members of the community. He was very proud to include them in the
'49er Days. Selection of the new royalty will be held Sunday night at the Fridley Senior High
School auditorium. The pageant begins at 6:30 p.m.
Mr. McKusick highlighted the events for '49er Days: Wednesday night will be the carnival
(discount ride tickets of six rides for $5.00 are available in the Recreation Department). Thursday
the parade starts at 6:30 p.m. preceded at 6:25 p.m. by Run for Fun. Friday and Saturday will be
the concert with the White Sidewalls and the Rockin' Hollywoods along with the carnival. On
Sunday afternoon, the SOth Anniversary All-Class Reunion will be held and the pageant follows at
6:30p.m. Anyone who needs additional information should call the Fridley Information Line 612-
572-3600, E�t. 349, for detailed information or stop by City offices.
Mr. McKusick indicated that as part of the City's SOth anniversary celebration, on June 26 and 27
at Columbia Arena there will be a craft sale and community garage sale. A community band
concert will also be held at Columbia Arena. Bob's Produce is sponsoring a horseshoe
tournament. There will be free ice cream and beverages. WCCO television will be there for a live
broadcast. In the evening there will be bands, sumo wrestling and then professional wrestling.
Mr. McKusick concluded by saying there will be lots of fun in Fridley for the ne�t two weeks. He
thanked the community organizations that helped so much to bring this event together.
FRIDLEY CITY COUNCIL MEETING OF JUNE 14, 1999 PAGE 2
LEGISLATIVE SESSION UPDATE:
Mayor Jorgenson introduced Senator Steve Novak, Senator pon Betzold, Representative Alice
7ohnson and Representative Satveer Chaudhary.
Senator Novak discussed some local items. The crime prevention bill has a requirement that
municipalities have model guidelines for police pursuit. Local law enforcement agencies will be
able to sell forfeited firearms and ammunition to federally licensed dealers. Background checks
on firearm permits will be easier. There will be less discretion for what law enforcement must tell
the public regarding sex offenders. There will be more money available for pollution and for Y2K
challenges. State building codes have been delayed until April 15, 2000. A data privacy bill
requires local municipalities to have public guidelines for access to public data. The Police
Commission has been abolished because it is no longer needed. Cities can impose licenses on
amusement and arcade games, prohibiting violent video games for citizens eighteen years of age
or younger. The process of amortization is prohibited. Bleacher safety was an issue which was
vetoed. The mandate is there but not the money. There is about one billion dollars allocated for
road construction. Items that did not pass are .08 blood alcohol level, a proposal to have
concealed weapons, and a proposal to reduce vehicle license tabs.
Representative 7ohnson covered the issues regarding tri-partisan government and affirmed that
she thought it worked quite well. She spent most of her time in the area of education. She gave
credit to the parents of Fridley school children for the schools getting as much money as they did
for education. The other item she is happy about is that legislation phased out the emissions
testing program.
Representative Chaudhary, who represents the southern third of Fridley, gave a brief report on
how the legislative session went for that area. Income taxes will go down, residents will receive
rebate checks directly in August or September. Schools have a healthy investment due to efforts
of parents, teachers and staff of Fridley school districts. Fridley received appro�mately $50,000
to assist with the Medtronic project. The business aspect of Fridley is just exploding. Fridley has
received $50,000 for the Fridley Historical Society to enhance appreciation for this great City's
history.
Senator Betzold highlighted the legislative session also. Record housing bill passed, significant
gains were made for education and record tax cuts were recorded. There was also significant
reorganization of funding for job training. He mentioned specific efforts on behalf of the City
relating to Medtronic, which is significant not only to Fridley's future but the State of Minnesota.
He felt privileged to be part of that and also wanted to thank the Mayor and entire City staff on
the work that was done.
Councilman Billings stated that he was especially grateful for the things the four of them have
done. They are much more global than just the City of Fridley. He knows they have worked very
hard to see that the issues for the other cities in Minnesota get fine tuned, and that they are
supported and passed through the various committees they are on. Councilman Billings stated
how aggressively and steadfastly they work toward any legislation that is positive and proactive.
FRIDLEY CITY COUNCIL MEETING OF JUNE 14, 1999 PAGE 3
On behalf of himself and the City of Fridley he thanks them for not only Fridley-specific items but
for those items which are of a positive general nature to the State of Minnesota.
Mayor Jorgenson thanked the senators and representatives for all of their efforts.
APPROVAL OF MINUTES:
City Council Meetin o.°� f May 10, 1999:
Motion by Councilmember Barnette to approve the regular City Council meeting minutes of
May10, 1999 as presented in writing. Seconded by Councilmember Wolfe.
UPON A VOICE VOTE, ALL MEMBERS VOTING AYE, MAYOR JORGENSON
DECLARED THE MOTION CARRIED UNANIMOUSLY.
City Council Meetin� Minutes of May 24, 1999:
Motion by Councilmember Bolkcom to approve the regular City Council minutes of May24,1999
as presented in writing. Seconded by Councilmember Billings.
UPON A VOICE VOTE, ALL MEMBERS VOTING AYE, MAYOR JORGENSON
DECLARED THE MOTION CARRIED UNANIMOUSLY.
INTRODUCTION OF NEW CITY COUNCIL SECRETARY:
Mayor Jorgenson stated that Council has a new secretary. Mr. Burns introduced the new City
Council Secretary, Signe 7ohnson.
APPROVAL OF PROPOSED CONSENT AGENDA:
OLD BUSINESS:
1. ORDINANCE NO. 1127 TO AMEND THE CITY CODE OF THE CITY OF
FRIDLEY, MINNESOTA, BY ADDING SECTION 2 TO CHAPTER 506.04,
UNATTENDED VEHICLES:
Mr. Burns, City Manager, explained that the amendment states that vehicles are not to be
parked on City streets between 2:00 a.m. and 6:00 a.m. between November 1 and Mayl.
The current ordinance states that vehicles are to be off City streets during a snow storm
and until streets are cleaned. The change would make our policy on "snow birds" similar
to those of surrounding communities.
WAIVED THE SECOND READING AND ADOPTED ORDINANCE NO. 1127
AND ORDERED PUBLICATION.
FRIDLEY CITY COUNCIL MEETING OF JUNE 14, 1999 PAGE 4
2. ORDINANCE NO. 1128 ESTABLISHING CHAPTER 514 OF THE FRIDLEY
CITY CODE ENTITLED "PRIVATE PROPERTY SNOW AND ICE REMOVAL"
AND APPROVE OFFICIAL TITLE AND SUMMARY ORDINANCE:
Mr. Burns, City Manager stated that the proposed ordinance makes it unlawful to push
snow and ice from private property onto City walkways or streets. It also establishes
progressively more severe fines for repeated violations.
WAIVED THE SECOND READING AND ADOPTED ORDINANCE NO. 1128
AND ORDERED PUBLICATION OF THE OFFICIAL TITLE AND SUMMARY
ORDINANCE.
3. RECEIVE THE MINUTES OF THE PLANNING COMMISSION MEETING OF
JUNE 2, 1999:
RECEIVED THE MINUTES OF THE PLANNING COMMISSION MEETING OF
JUNE 2, 1999.
4. APPROVE THREE-YEAR EXTENSION OF A TRAILER LICENSE FOR
TOTINO-GRACE HIGH SCHOOL:
Mr. Burns stated that the trailer houses guidance counselors from School District #14 who
by law provide guidance counseling services to Totino-Grace High School. While Totino-
Grace may lawfully include these services within their building, they currently do not have
space. They are, therefore, asking for the trailer license e�tension in order to have time to
plan and properly implement the changes needed to accommodate the guidance counseling
services within their main building.
APPROVED THREE-YEAR EXTENSION OF A TRAILER LICENSE FOR
TOTINO-GRACE HIGH SCHOOL.
5. APPROVE JOINT POWERS AGREEMENT BETWEEN THE CITY OF
FRIDLEY AND COUNTY OF ANOKA FOR THE RECONSTRUCTION OF
EAST RIVER ROAD FROM OSBORNE ROAD TO MISSISSIPPI BOULEVARD:
Mr. Burns, City Manager stated that the total cost for reconstruction of this portion of
East River Road was $437,074.97. The City's share of this cost is $113,315.73, including
engineering. The agreement establishes the City's financial participation in the project as
well as the division of maintenance responsibilities between the City and the County. The
terms of this agreement are very similar to past agreements between the County and the
City for construction or reconstruction of the City portion of County highways. Staff
recommended Council's approval.
APPROVED JOINT POWERS AGREEMENT BETWEEN THE CITY OF
FRIDLEY AND COUNTY OF ANOKA FOR THE RECONSTRUCTION OF
FRIDLEY CITY COUNCIL MEETING OF JUNE 14, 1999 PAGE 5
EAST RIVER ROAD FROM OSBORNE ROAD TO MISSISSIPPI BOULEVARD.
6. APPROVE LEASE AGREEMENT BETWEEN THE CITY OF FRIDLEY AND
LYNDALE TERMINAL COMPANY FOR THE FRIDLEY LIQUOR
WAREHOUSE STORE (WARD 3):
Mr. Burns stated that the he was proposing to locate a third Fridley Liquor Warehouse in
the building currently occupied by Cub Foods and Gander Mountain on 57th Avenue. He
outlined the terms and conditions of the proposed lease agreement. He indicated that Fritz
Knaak, City Attorney, has reviewed the lease agreement.
THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA AND PLACED
ON THE REGULAR AGENDA AFTER ITEM NO. 17.
7. APPROVE ARCHITECTURAL AGREEMENT BETWEEN THE CITY OF
FRIDLEY AND KKE ARCHITECTS FOR THE CONSTRUCTION OF A
FRIDLEY LIQUOR WAREHOUSE AT CUB FOODS (I-694 AND UNIVERSITY
AVENUE) (WARD 3):
Mr. Burns, City Manager, stated that the agreement provides for structural, mechanical
and electrical design services. The architect will be involved in preparing designs, bidding
and construction phases of the project. Compensation for these services will be 7.75
percent of construction costs. These are estimated at $650,000. He indicated that Fritz
Knaak, City Attorney, has reviewed this agreement.
APPROVED ARCHITECTURAL AGREEMENT BETWEEN THE CITY OF
FRIDLEY AND KKE ARCHITECTS FOR THE CONSTRUCTION OF A
FRIDLEY LIQUOR WAREHOUSE AT CUB FOODS (I-694 AND UNIVERSITY
AVENUE) (WARD3).
8. MOTION TO APPROVE THE COMMITMENT OF FUNDS FOR THE
UPGRADE OF ELECTION EQUIPMENT IN THE YEAR 2000:
Mr. Burns, City Manager, stated that while the City is planning to purchase new election
equipment in 2001, he was now asking that the purchase now be moved up to 2000. The
decision to purchase early was prompted by Anoka County's recent decision to replace
their voting equipment in time for the year 2000 election. By committing to purchase
now, the City could buy on the same contract as Anoka and Washington Counties at a
local cost of $64,427.25 (previously estimated at $91,000).
Mr. Burns indicated that the equipment has several features that would improve voting
and vote tallying efficiency. Mr. Burns recommended that the City purchase the
equipment outright rather than participating in the Counties' loan/purchase agreement.
APPROVED THE COMMITMENT OF FUNDS FOR THE UPGRADE OF
ELECTION EQUIPMENT IN THE YEAR 2000.
FRIDLEY CITY COUNCIL MEETING OF JUNE 14, 1999 PAGE 6
FRIDLEY CITY COUNCIL MEETING OF JUNE 14, 1999 PAGE 7
9. ESTABLISH A PUBLIC HEARING FOR JULY 12, 1999, TO DISCUSS
PROPOSED CHAPTER 409 TO THE FRIDLEY CITY CODE ESTABLISHING
FRANCHISE FEES FOR ELECTRIC AND GAS UTILITIES:
Mr. Burns, City Manager, stated that in May, Council approved two new franchise
agreements with Minnegasco and Northern States Power (NSP). Both agreements
provide for implementation of franchise fees through the establishment of a franchise fee
ordinance. Staff recommended that Council consider a franchise fee ordinance and that it
hold the public hearing for this ordinance on July 12, 1999.
ESTABLISHED A PUBLIC HEARING FOR JULY 12, 1999, TO DISCUSS
PROPOSED CHAPTER 409 TO THE FRIDLEY CITY CODE ESTABLISHING
FRANCHISE FEES FOR ELECTRIC AND GAS UTILITIES.
10. APPOINTMENT OF A CITY EMPLOYEE:
Mr. Burns, City Manager, stated that the City hired an Interpretive Specialist for
Springbrook Nature Center and promoted a Community Service Officer to the CSO
Coordinator position in the Police Department.
Peter Cleary was hired as Interpretive Specialist. He has a Bachelor's Degree in Natural
Science from St. John's University and has completed graduate work in Science Education
at Ohio State University. He has worked for the last five years as a naturalist and
interpretive specialist at the Dodge Nature Center in West St. Paul. Prior to his West St.
Paul experience, Peter taught physics at Deering High School in Portland, Maine. If
approved by Council, Peter will begin work for Fridley on June 21,1999.
Brian Owens has been a part-time CSO with the City since May, 1998. Prior to that he
was a Police Explorer, a firearms safety instructor and has worked for a number of private
sector employers while pursuing his police career.
APPOINTED PETER CLEARY AS INTERPRETIVE SPECIALIST AND BRIAN
OWENS AS CSO COORDINATOR.
11. CLAIMS:
APPROVED PAYMENT OF CLAIM NUMBERS 87307 THROUGH 87663.
12. LICENSES:
APPROVED LICENSES AS SUBMITTED AND ON FILE.
13. ESTIMATES:
APPROVED ESTIMATES AS FOLLOWS:
FRIDLEY CITY COUNCIL MEETING OF JUNE 14, 1999 PAGE 8
Newquist & Ekstrum, Chartered
301 Fridley Plaza Office Building
6401 University Avenue N.E.
Fridley, MN 55432
Services Rendered as City Prosecuting
Attorney for the Month of March, 1999 $ 16,381.00
Frederic W. Knaak, Esq.
Holstad and Knaak, P.L.C.
3535 Vadnais Center Drive
St. Paul, MN 55110
Services Rendered as City Attorney
for the Month of May, 1999 $ 5,000.00
Ron Kassa Construction
6005 — 250th East
Elko, MN 55020
1999 Miscellaneous Concrete Curb and Gutter
and Sidewalk Project No. 322
Estimate No. 2 $ 5,265.75
Park Construction Co.
7900 Beech Street N.E.
Minneapolis, MN 55432-1795
Riverview Heights Area Improvement
Project No. ST. 1999 — 1
Estimate No. 2 $60,759.53
No persons in the audience spoke regarding the proposed consent agenda.
Mayor Jorgenson asked if there were any questions of the public for any of the items.
Connie Metcalf, 860 West Moore Lake Drive, asked if any of the money for funding of the liquor
store would come out of the liquor fund or if it would be tax assessed. Councilmember Billings
responded that all of the money would come out of the liquor fund.
Motion by Councilman Barnette to approve the consent agenda omitting Item 6. Seconded by
Councilmember Steve Billings.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR JORGENSON DECLARED THE
FRIDLEY CITY COUNCIL MEETING OF JUNE 14, 1999 PAGE 9
MOTION CARRIED UNANIMOUSLY.
ADOPTION OF AGENDA:
MOTION by Councilmember Bolkcom to amend the agenda to include the addition of Item 6
from the consent agenda immediately after Item 17 on the regular agenda. Seconded by
Councilmember Billings.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR JORGENSON DECLARED THE
MOTION CARRIED UNANIMOUSLY.
OPEN FORUM VISITORS:
No persons in the audience spoke under this item of business.
PUBLIC HEARINGS:
14. REVIEW OF SPECIAL USE PERMIT, SP #99-01, BY HOLIDAY COMPANIES,
FOR MOTOR FUEL SALES AND A CAR WASH ESTABLISHMENT AND TO
TERMINATE PREVIOUSLY GRANTED SPECIAL USE PERMIT, SP #75-28
FOR MOTOR FUEL SALES, GENERALLY LOCATED AT 5695 HACKMANN
AVENUE (WARD 2):
MOTION by Councilmember Barnette to waive the reading and open the public hearing at
8:20 p.m. Seconded by Councilmember Wolfe.
UPON A VOICE VOTE, ALL MEMBERS VOTING AYE, MAYOR JORGENSON
DECLARED THE MOTION CARRIED UNANIMOUSLY.
Mr. Hickok, Planning Coordinator, explained that the purpose of this public hearing was to
review a special use permit request for Holiday Stationstore at Highway 65 and Hackmann
Avenue. He explained that on May 10, 1999, the City Council approved a special use permit for
the site. Subsequent to that approval, an error was discovered in the zoning designation on the
site as a 1976 rezoning changed only a portion of the southernmost lot's zoning designation. The
northern 165 feet is zoned C-2, while the southern 125 feet is zoned G 1. Mr. Hickok noted that
a special use permit for gas sales is allowed in both the G 1 and C-2 districts. A car wash,
however, requires a C-2 zone and a special use permit. Since the May 10 Council action, the
petitioner has agreed to eliminate the care wash at this site.
Mr. Hickok presented a brief history of the site along with a map depicting the site location. A
revised copy of the site plan was also presented. He noted that staff recommended that Council
approve Special Use Permit SP #99-01 with a list of modified stipulations, and that they terminate
Special Use Permit SP #75-28. Additionally, staff recommended that the three stipulations which
were included in Special Use Permit SP #75-28 be included as part of Special Use Permit SP #99-
0 L (This was acceptable to the petitioner, provided modifications are made to state that the
FRIDLEY CITY COUNCIL MEETING OF JUNE 14, 1999 PAGE 10
annual review of the special use permit would be by staff as is typical with other special use
permits.) Mr. Hickok noted that all stipulations, which appeared as part of the special use permit
previously regarding the car wash have been eliminated.
Councilmember Billings asked how many fuel dispensing pumps are on the site as part of Special
Use Permit SP #75-28. Mr. Hickok noted that there were four stations with two pumps at each.
The new site plan includes the same number of pumps.
Mayor 7orgenson asked if the building would be the same as the original plans except for the
elimination of the car wash. Mr. Holscher responded that it would.
Mr. LeRoy Oquist, 1011 Hackmann Circle, stated that he, along with many other residents of the
neighborhood, had several concerns regarding this proposed development. Staff noted that no
additional gas pumps were proposed for the site; however, the full convenience store would also
generate traffic. Residents in the area had concerns about what affects this would have on their
immediate neighborhood, which is primarily a residential area. Another concern Mr. Oquist had
was with regard to safety. With the location being so close to Moore Lake, he was concerned
that pedestrians might cross Central Avenue to get to the convenience store.
Mr. Oquist stated that residents would like to clean up the corridors in Fridley. This location is a
gateway to Fridley, and he did not feel a large service station/convenience store was the type of
development that the public wanted to see when they enter the City. He felt that staff should take
a closer look at the Comprehensive Plan to see if this type of development fits into what the City
wants for the area. He asked that Council deny Special Use Permit SP #99-01 at this time.
Mr. Hickok noted that staff realized that the Comprehensive Plan was dated in certain areas;
however, what remained consistent was that the zoning along the corridors was commercial
zoning. The location of the site, though tucked into a predominantly residential area, was still
located on the corridor and was zoned commercial. A discussion followed with regard to the
impact the development could have on the traffic generated in the area. Mr. Hickok noted that,
based on a national study, traffic engineers have been able to obtain information as to how many
trips into and out of the site could be expected for this type of use. The numbers, which were
provided, were also supported by the City's consultants.
Ms. Gloria Gilstad, 930 Hackmann Avenue., stated that her property was adjacent to the Citco
Station. She stated that they have had no problems with this business, as their hours of operation
have been such that it has not affected the neighborhood. The stop sign as proposed would be
directly in front of her window. She noted that they have always had problems getting out of
their driveway. If a stop sign was installed in front of her home, she felt the problem would only
increase. She felt Council should consider the traffic issues and concerns of Hackmann Avenue
before making any decisions regarding to the Holiday Station. The additional traffic generated by
this proposed development would only make a difficult situation worst. She noted that she was
also concerned about the lighting and the increase in noise. The fence proposed for the site was
not high enough to block out the lighting over the pumps. Furthermore, she felt that the written
agreement whereby the hours of operation would be from 5:00 a.m. to 12:00 midnight should
remain in effect indefinitely, not merely as long as they remain in their home.
FRIDLEY CITY COUNCIL MEETING OF JUNE 14, 1999 PAGE 11
Mr. Buzz Vennewitz, 1232 Hathaway Lane, stated that as a resident since 1973, he had always
experienced problems getting onto Old Central Avenue to get onto Highway 65. He felt that any
increase in traffic would only nullify the improvements made to the intersection. He was also
concerned about safety when taking a left-hand turn onto Hathaway Lane from Old Central
Avenue. He stated that he found it difficult to believe that Holiday would come in with a
proposal for a convenience store unless they anticipated a large increase in traffic.
Ms. Valerie Rolstad, 1100 Lynde Drive, stated that she came to speak on behalf of a friend who
resides in the area. She felt that by approving this special use permit, it would be sacrificing the
safety and respect of the residents of Fridley for this development.
Mr. Jim Nevison, 5720 Polk Street, stated that he felt the only one who would benefit from this
development was Holiday.
Mr. Tim Dunn, 5866 Hackman Avenue, stated that he was also concerned about the safety of
children in the area.
Ms. Ann Williams, 5760 Hackmann Avenue, stated that her property was also located very close
to the proposed stop sign. She anticipated that she would also experience problems getting out of
her driveway. She asked why access could not be provided off of Highway 65.
Mayor Jorgenson stated that the second access, which was originally proposed, was removed due
to safety concerns expressed by the state highway department.
Ms. Carolyn Thompson, 960 Hackmann Circle, stated that she was also concerned about the
traffic and safety issues which have been addressed. She felt that Hackmann Avenue would be
used as a secondary route when exiting the station and that the children in the residential areas
would be put at risk by the increase in traffic.
Ms. Mary Fridley, 970 Hackmann Circle, stated that she has witnessed a traffic problem on
Hackmann Avenue and felt the increase in traffic generated by this proposal would only increase
the problems.
Ms. Ellen Farber, 1041 Hathaway Lane, stated that there are currently two in-home daycare
facilities on Hathaway Lane. The last thing that was needed in the area would be an increase in
traffic.
Mr. Tom Ruwart, 5037 Hackmann Avenue, asked if Council approved this item earlier. Mayor
7orgenson explained that it was originally approved; however, due to a problem with zoning the
car wash was not allowed on a portion of the site. Therefore, Councilmember Billings requested
that this item be reconsidered so that an additional stipulation could be added. Council voted to
table action on the item at that time to allow staff time to obtain additional information.
FRIDLEY CITY COUNCIL MEETING OF JUNE 14, 1999 PAGE 12
Mr. Ruwart stated that he did not feel the proposed development fit into the area. He asked if
speed bumps could be installed on Hackmann Avenue to help slow down the traffic in the area.
He also asked about the possibility of constructing a pedestrian bridge to address the safety issues
raised by residents.
Mayor Jorgenson stated that the City has never installed speed bumps on public roadways, as they
would be a problem in the winter during snowplowing.
Mr. Dan Kerner, 5794 Hackmann Avenue, stated that he believed the intersection, as proposed,
would be a headache to all police officers in Fridley. The old intersection has always been a
problem, but the new intersection with the loop would be a bigger problem.
Ms. Julie Moore, 5753 Old Central Avenue, stated that she opposed the redevelopment of this
site for all the same reasons voiced earlier by her neighbors.
Mr. Hickok stated that a petition was received at the May 24, 1999 City Council meeting, which
addressed a number of issues. Fifty-two residents signed the petition. Residents signed the
petition for speed bumps; stop signs at specific locations, and to not put in a business which
would increase traffic in the neighborhood. Mr. Hickok provided information as to the number of
residents signing various portions of the petition.
Ms. Thea Langseth, 1096 Hackmann Circle, stated that the clientele that goes into the service
station/store would be entirely different if the Holiday Store goes in than what goes in there now.
One resident noted that if the petition had been circulated along Hathaway Lane, or in some of the
surrounding areas, there would have been a lot more signatures.
With no further comments, there was a MOTION by Councilmember Wolfe to close the public
hearing at 10:00 p.m. Seconded by Councilmember Billings.
UPON A VOICE VOTE, ALL MEMBERS VOTING AYE, MAYOR JORGENSON
DECLARED THE MOTION CARRIED UNANIMOUSLY.
15. REZONING REQUEST, ZOA #99-02, BY THE CITY OF FRIDLEY, TO REZONE
A PARCEL FROM R-2, TWO FAMILY ZONING, TO R-3, GNERAL MULTIPLE
UNITS ZONING, GENERALLY LOCATED AT 7411 UNIVERSITY AVENUE
N.E. (WARD 1):
MOTION by Councilmember Billings to waive the reading and open the public hearing at
10:00 p.m. Seconded by Councilmember Bolkcom.
UPON A VOICE VOTE, ALL MEMBERS VOTING AYE, MAYOR JORGENSON
DECLARED THE MOTION CARRIED UNANIMOUSLY.
FRIDLEY CITY COUNCIL MEETING OF JUNE 14, 1999 PAGE 13
Mr. Paul Bolin, Planner, stated that this rezoning request was for property located at 7411
University Avenue. The request is to change it from an R-2 District (single family and two family
dwellings) to an R-3 District (single family, two family and apartment buildings, and owner
occupied condominiums). Staff requested that this rezoning be approved to correct an error in
the zoning maps which has existed since 1986 and incorrectly show as an R-3 district on the map.
This would also help the City conform to the settlement of a lawsuit, which was brought about by
Mr. Ed Chies in 1970 and would allow for multiple family development including owner-occupied
townhomes to be constructed on the site.
Mr. Bolin presented a map depicting the location of the site. He provided a brief history of the
property. At the June 2, 1999 Planning Commission meeting, the Planning Commission
unanimously recommended approval of the proposed rezoning request.
There were no question or comments from the Council or from the public.
MOTION by Councilmember Billings to close the public hearing. Seconded by Councilmember
Bolkcom. The public hearing was closed at 10:07 p.m.
UPON A VOICE VOTE, ALL MEMBERS VOTING AYE, ACTING MAYOR
BARNETTE DECLARED THE MOTION CARRIED UNANIMOUSLY.
OLD BUSINESS:
16. VARIANCE REQUEST, VAR #99-05, BY TIMOTHY JAWOR, TO REDUCE
THE REQUIRED REAR YARD SETBACK FROM 40 FEET TO 19.2 FEET TO
ALLOW THE CONSTRUCTION OF A SEVEN-UNIT TOWNHOME
STRUCTURE GENERALLY LOCATED AT 7411 UNIVERSITY AVENUE N.E.
(WARD 1)(TABLED MAY 24, 1999):
Mr. Bolin, Planner, explained that the petitioner, Timothy Jawor, was seeking a variance to
decrease the rear yard setback from 40 feet to 19.2 feet to allow for the construction of a seven-
unit owner-occupied townhome complex at 7411 University Avenue. Mr. 7awor was also seeking
a re-plat to allow the construction of the structure. With the re-plat request, Mr. Jawor was also
seeking to create eight lots, seven lots — one for each individual unit, and the eighth lot would be
the remainder of the parcel.
Mr. Bolin stated that City Code requires a minimum rear yard setback of 40 feet for a lot of this
size.
Mr. Bolin provided a brief history of the property. He noted that in 1994 there was a proposal for
a seven-unit rental condominium project on the site. The former project would have complied
with all of the setback requirements; however the former project was withdrawn. Most recently,
the City received a variance and replat request from Mr. Jawor for the current proposal.
FRIDLEY CITY COUNCIL MEETING OF JUNE 14, 1999 PAGE 14
Mr. Bolin stated that the petitioner indicated in the hardship statement that a more rectangular lot
of similar square footage would have been desirable for a townhouse project like this. However,
the petitioner felt that he has adapted and designed an attractive building that would nicely fit this
apartment-type lot and at the same time would meet the needs and desires of both the City and the
housing market.
Mr. Bolin presented a diagram of the site showing where the code required setback of 40 feet
would be. He noted that the current setback requirements would not allow the petitioner to get
the seven units on the property. Even reducing the number of units to six at the proposed size, a
variance would be required of approximately one foot.
Mr. Bolin noted that the law defines an undue hardship as: 1) The property cannot be put to
reasonable use if used under the requirements of the code; 2) The need for the variance is due to
the conditions unique to the property and not created by actions of the landowner; 3) The
variance, if granted, will not alter the character of the neighborhood.
Mr. Bolin noted that on April 28, 1999, the Appeals Commission held a public hearing on the
variance request. After discussion, a motion was made and seconded to recommend approval of
the variance with eleven stipulations, and the motion was passed unanimously. At the May 24,
1999 City Council meeting, the request for the variance and replat were tabled and the si�ty-day
timeframe was e�tended to give the petitioner an opportunity to re-evaluate the proposal. After
re-evaluating the proposal, the petitioner met with staff on June 2, 1999 and indicated that he had
chosen to proceed with the original variance request. The petitioner indicated that he had looked
at other options, but this one appeared to be most feasible to him. Staff still recommended denial
of the variance request and the replat request. Mr. Bolin noted that staff found no comparable
variances granted. The request does not meet the hardship definition, and it is possible to develop
the site without a variance.
Mr. Lynn Hansen, 230 Rice Creek Boulevard, stated that he owns property directly to the north
of this property. He noted that the property was currently vacant. The property has become a
"dumping ground." He has been attempting to clean it up for years. He felt it would be in the
City's best interest to approve this development, as it would improve the area.
Mr. Timothy Jawor, 9175 107t'` Street North, stated that his project does not have the
neighborhood opposition that was voiced for the Holiday Station proposed in Fridley. The
neighbors to the north of this proposed project are in support of it. Mr. Jawor stated that since
the last City Council meeting he met with his designer. His engineers to tried to configure a
project that would work for this area. The problems he had in drawing a plan to fit this lot was
due partially to the configuration of the lot. They have tried turning the building several different
ways; however, in order to get the drive aisles in and the parking areas in; a variance will be
required.
Councilmember Billings stated that some of the calculations that Mr. 7awor prepared were for an
apartment analysis and a single-family analysis. The single-family analysis indicates that the cost
of the land plus the development cost is appro�mately $100,000 which would require that a
FRIDLEY CITY COUNCIL MEETING OF JUNE 14, 1999 PAGE 15
$500,000 home be built on the site. He noted that if a lot was purchased for $40,000 with City
sewer and water, using Mr. Jawor's ratio, an additional $160,000 could be spent on materials and
profit, and it could still be sold at a reasonable profit. Mr. Jawor responded in the affirmative.
Councilmember Billings then asked why Mr. Jawor felt a five to one ratio needed to be
maintained. He felt that Mr. 7awor's single family analysis was flawed.
Mr. Jawor stated that the ratio was obtained by his attorney, who was a real estate appraiser for
fifteen years. This ratio was used to demonstrate why a single-family house would not be
appropriate for that particular property.
Councilmember Billings stated that Mr. 7awor's analysis of variance requests was very well done.
He asked how many of these residential variances were in R-1, R-2 and R-3 districts. Mr. Jawor
stated that he did not have that information.
Councilmember Bolkcom asked if the City has ever granted any similar variance. Mr. Hickok
stated there had not.
Councilmember Billings referred to Page 3, paragraph 3 of the letter from the petitioner's
attorney, Karen Cohl, (Kennedy & Graven), wherein she stated "thus no alternative use for the
property is available.". He asked if she was saying, in essence, that if this variance were not
granted, nothing would ever be built on that property, as there was no alternative use for that
property?
Ms. Cohl said her statement was based on the calculations that Mr. Jawor provided.
Councilmember Billings referred to Page 6, wherein Ms. Cohl refers to the soil conditions and
terrain at the site. He asked if she was referring to the dumping of material on the site by previous
owners. Ms. Cohl stated that she was referring to uneven terrain of the site, which would require
correction and; therefore, additional cost to the developer. It also referred to materials that have
been dumped on the site, which would need to be removed and replaced with clean fill.
Councilmember Billings stated that he felt these were economic costs, which should be taken into
consideration when negotiating the price of the property. Ms. Cohl stated that she did not feel it
was inappropriate to consider economic situations. The State Statutes allow a person to do so.
Councilmember Billings stated that her letter draws the conclusion that the soil conditions are a
non-economic factor. He questioned how it could be considered such. She stated that it was a
non-economic factor due to the conditions of the site. There was not a reasonable use for the
property and given this, the state statute allows for it.
Councilmember Billings referred to Ms. Cohl's statement regarding the shape of the parcel. The
parcel was suited for multi-family apartment buildings which are no longer feasible. He stated
that he was assuming that she was saying that in the metropolitan area there are no apartment
buildings built on lots of appro�mately the same size. Ms. Cohl stated that she was not indicating
this. She said she was merely stating that this parcel must be looked at in the conte�t of having
two apartment buildings ne�t to it. Therefore, what can go on the site was limited. It was not
just the size and shape of the site but also what was on the sites around it.
FRIDLEY CITY COUNCIL MEETING OF JUNE 14, 1999 PAGE 16
Mr. Jawor stated that he did not complete the apartment analysis. He obtained three different
opinions from developers/rental owners. All of them stated they would not build an apartment
building on the site, as the economics would not allow it.
Councilmember Billings asked if the drainage issue was not, in fact, an economic issue that should
be taken into account when negotiating the price of the property. Mr. Jawor stated that all of this
was taken into consideration, and it was part of the development cost that would need to be
absorbed no matter how many units are put on the site. The cost of the land may have been lower
to compensate for that, but then the development costs are higher.
Councilmember Billings noted that Mr. Jawor was looking at a ma�mum price of $115,000. In a
conversation Councilmember Billings had with Mr. Miller (Mr. 7awor's partner), Mr. Miller
indicated that if the development were to be decreased to six units, they would have to increase
the selling price to between $150,000 and $160,000. Assuming the costs would be the same,
Councilmember Billings stated that he could not arrive at the same calculation. Mr. Jawor stated
that the realtor who completed the market analysis for them found that the highest base price in
the areas he used was appro�mately $115,000 per unit. If one unit would be eliminated, (fifteen
percent (15%) of the total units), that fifteen percent (15%) cost would need to be spread out
amongst the other six units which would likely increase the cost of the units by $10,000 to
$15,000 per unit, putting the price in the $125,000 to $130,000 range which he did not feel the
market would support.
Mr. Jawor presented photographs of some of his other similar developments.
Councilmember Bolkcom asked how much of a variance would be required if the development
were reduced to six units. Mr. Bolin stated that it would require appro�mately a one-foot
variance. If all of the units were the same size as the end unit, it would require approximately at
two to two and one-half foot variance.
There were no further questions or comments.
MOTION by Councilmember Billings to deny Variance Request #99-05, by Timothy 7awor.
Seconded by Councilmember Bolkcom. Councilmember Billings based the motion on a failure by
the applicant to establish any non-economic basis for the hardship and a failure to show an
absence of other economical uses of the property. The evidence on the record before the council
and the Appeals Commission plainly showed the only reasons being advanced for the variance had
to do with the greater profitability of the proposed development on the lot with the requested
variance and that other configurations were both possible and viable that involved no, or much
smaller, variances.
Councilmember Barnette stated that he could not support the motion to deny this variance for the
following reasons: 1) Much has been said about the reason for Mr. Jawor requesting the variance
is only financial. According to the City Attorney, financial considerations only are not sufficient
to approve a variance. Mr. Jawor expressed numerous other reasons — lot configuration, soil
FRIDLEY CITY COUNCIL MEETING OF JUNE 14, 1999 PAGE 17
conditions, etc. Mr. Jawor and his partner admitted that financial and economic concerns are one
of the reasons; however, he felt that the seventh unit would allow them to make a reasonable
return on their investment. Much has been said about concern in setting a precedent. He felt that
every variance approval sets precedence. He referred to a situation where a sign variance was
requested because the location of the building was such that it was off a main thoroughfare and
the petitioner did not have the exposure that they felt was necessary. This situation,
Councilmember Barnette felt was purely economical. He voted in favor of the variance request,
as he felt it made good common sense. Staff recommended not to approve that same variance
request. He does not fault staff but realizes that the discretion is left up to Council.
Councilmember Barnette continued with reasons why he voted to deny this variance: 2) The
Appeals Commission and Planning Commission voted unanimously to approve the variance with
little or no discussion; 3) Both members of the Appeals Commission and Planning Commission
were complimentary that the site plan itself. All felt it would be an asset to the neighborhood. He
had concerns that this site would sit vacant for many more years if there was no liable financial
reason to build upon the site. 4) Most comments from the Councilmembers and staff indicated
that the plan was acceptable except for the need of the variance. It met the needs of the City's
Comprehensive Plan by providing affordable new housing and met the City's desire for owner-
occupied homes. Recently, a front yard setback was approved for a home in Ward 3. There were
no objections from surrounding property owners in that case. There have been no objections to
the variance request from the surrounding neighbors in this case.
Councilmember Barnette continued with reason why he voted to deny this variance: 5) Several
other concerns have been raised — one being that there is no playground in the immediate vicinity.
This was no fault of the developer. Whether this project or any other project goes on the site,
that concern will e�st. 6) A concern raised by the Appeals Commission was with regard to the
traffic concerns, especially at 73rd Avenue and Symphony Street, yet any development would
create more traffic. It would not take long for new people to figure out how to get out of the
neighborhood. Mr. Jawor has been asked many times to change his plat to six units. He has been
unable to do so and claims the only way it would work financially is to put in seven units.
Councilmember Barnette stated that when he ran for City Council he was very much concerned
about the future and image of Fridley. He still was. This request by Mr. Jawor was a good plan
for the lot, as it would make the City look better and would increase the tax base. It created
affordable housing. Council was charged, as elected officials to make decisions, though often not
all of them agree. However, he was thankful for democracy.
Councilmember Billings stated that he did not feel the petitioner demonstrated that there was no
other reasonable use for the land. He agreed with the petitioner that the type of project he wished
to build may have required seven units in order to be a reasonable use of the land. However, he
felt there were other reasonable uses for the land that did not require variances. He did not feel
the land would remain vacant forever. In this instance, Councilmember Billings stated that he felt
Mr. Jawor was attempting to "build seven pounds of building on a six pound lot."
Councilmember Wolfe stated that he felt the project would be a great improvement to the area.
He had not heard one opposition from the neighbors.
FRIDLEY CITY COUNCIL MEETING OF JUNE 14, 1999 PAGE 18
Councilmember Bolkcom noted that the reason for setbacks was to provide as much green space
as possible.
Mayor Jorgenson stated that she had serious concerns about approving this request for a setback
variance based on the absence of non-economic criteria, and what that would mean in terms of
setting a precedent for enforcement in the future.
UPON A VOICE VOTE, THREE MEMBERS VOTING AYE AND TWO VOTING NAY
(COUNCII,MEMBERS BARNETTE AND WOLFE), MAYOR JORGENSON
DECLARED THE MOTION CARRIED AND VARINACE REQUEST #99-0-5 WAS
DENIED.
17. PLAT REQUEST, P.S. #99-02, BY TIMOTHY JAWOR, TO CREATE EIGHT
SEPARATE LOTS IN ORDER TO CONSTRUCT A SEVEN-UNIT TOWNHOME
STRUCTURE, GENERALLY LOCATED AT 7411 UNIVERSITY AVENUE N.E.
(WARD 1)(TABLED MAY 24, 1999):
MOTION by Councilmember Billings to deny Plat Request, P. S. #99-02. Seconded by
Councilmember Bolkcom.
UPON A VOICE VOTE, THREE MEMBERS VOTING AYE AND TWO MEMBERS
VOTING NAY (COUNCII,MEMBERS BARNETTE AND WOLFE), MAYOR
JORGENSON DECLARED THE MOTION CARRIED (PLAT REQUEST P.S. #99-02
DENIED).
6. APPROVE LEASE BETWEEN THE CITY OF FRIDLEY AND LYNDALE
TERMINAL COMPANY FOR THE FRIDLEY LIQUOR WAREHOUSE STORE
(WARD 3):
Mayor Jorgenson stated that on any given Friday or Saturday evening she has witnessed up to 45
vehicles parked in the lot that would be part of the space leased for the Fridley Liquor Store. She
believed the vehicles are from Cattle Company customers. She wondered if there was a parking
agreement between Cattle Company and Lyndale Terminal Company for that section of the
parking lot.
Mr. Holscher stated that he believed there was a cross parking agreement. Concern was
expressed by Councilmembers as to how this could affect the parking for patrons of the Fridley
Liquor Store.
MOTION by Councilmember Bolkcom to table action on the lease agreement between the City of
Fridley and Lyndale Terminal Company for the Fridley Liquor Warehouse Store until the 7une 28,
1999 City Council Meeting to allow staff to obtain additional information. Seconded by
Councilmember Barnette.
FRIDLEY CITY COUNCIL MEETING OF JUNE 14, 1999 PAGE 19
UPON A VOICE VOTE, ALL MEMBERS VOTING AYE, MAYOR JORGENSON
DECLARED THE MOTION CARRIED UNANIMOUSLY.
NEW BUSINESS:
18. 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 #99-02, BY THE CITY OF FRIDLEY,
FRIDLEY CITY COUNCIL MEETING OF JUNE 14, 1999 PAGE 20
FOR PROPERTY GENERALLY LOCATED AT 7411 UNIVERSITY AVENUE
N.E.)(WARD 1):
MOTION by Councilmember Billings to Approve the 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 #99-02, by the City of Fridley, for Property Generally Located at 7411
University Avenue N.E.). Seconded by Councilmember Bolkcom.
UPON A VOICE VOTE, ALL MEMBERS VOTING AYE, MAYOR JORGENSON
DECLARED THE MOTION CARRIED UNANIMOUSLY.
19. APPROVE SPECIAL USE PERMIT, SP #99-01, BY HOLIDAY COMPANIES, AN
DTERMINATE PREVIOUSLY GRANTED SPECIAL USE PERMIT, SP #75-28
FOR MOTOR FUEL SALES, GENERALLY LOCATED AT 5695 HACKMANN
AVENUE (WARD 2):
MOTION by Councilmember Wolfe to deny Special Use Permit, SP #99-01, by Holiday
Companies. Seconded by Councilmember Billings.
Councilmember Wolfe stated that he believed it was apparent that this was not what the
neighborhood wants for the area. He believed that if the petition were distributed further
evidence would have shown that there would have been even more opposed to the development
than those present at the meetings. As a Councilmember, he felt it was his obligation to back his
constituents. Therefore, he was voting to deny the special use permit request.
Mayor Jorgenson stated that she agreed with the neighbors that there are some traffic issues
which may be partially due to the configuration of the intersection. However, the engineers did
the best that they could with what they had to work with. She knew what the neighbors wanted
for the site, but she also realized that a project could not be denied for those reasons. Therefore,
as difficult as it was for her, she would not be voting in favor of Councilmember Wolfe's motion
to deny this special use permit.
Councilmember Billings stated that if Council were merely looking at a convenience store for this
site, no special use permit would be required at all. The special use permit was for the motor
fueling. The number of pumps was not increasing from what was already there. He did not feel
that the total number of vehicle trips, 84 per day entering and e�ting, was substantial enough of
an increase to be a burden. The petitioner was entitled to reasonable use of the property. As
much as Council would like to consider the emotional impact that it may have on the
neighborhood, it was not something that the law allows them to do.
UPON A VOICE VOTE, ONE MEMBER VOTING AYE (WOLFE) AND FOUR
MEMBERS VOTING NAY, MAYOR JORGENSON DECLARED THE MOTION
FAILED.
FRIDLEY CITY COUNCIL MEETING OF JUNE 14, 1999 PAGE 21
MOTION by Councilmember Billings to approve Special Use Permit, SP #99-01, for Motor Fuel
Sales by Holiday Companies with the following stipulations: 1) The soils on the property will be
tested (weather permitting) by May 1, to make a final determination on the presence or absence of
non-exempt wetlands. Testing will be completed by the City's environmental consultant at the
petitioner's expense. If it is determined that non-exempt wetlands e�st on the property, this
special use permit shall become null and void. No site alterations shall occur until a final
determination on wetland status; 2) The petitioner shall be responsible for litter control on the
premises, and litter control is to occur on a daily basis. Trash receptacles must be provided on
site at convenient locations to facilitate litter control; 3) Parking lot must be lined with a concrete
curb; 4) Adequate parking to meet code requirements, including one handicap space, be provided
on-site; 5) No off-site employee parking allowed along Hackmann Avenue or the service road; 6)
Final drainage, landscaping, and irrigation plans shall be submitted with building permit
application; 7) Petitioner shall execute a storm pond maintenance agreement, requiring petitioner
to maintain the storm pond; 8) Canopy over gas pumps to have recessed, shielded, downcast
lighting so as to be less intrusive on neighboring properties and canopy faces shall not be
internally lit; 9) Car wash hours of operation shall be limited to 6:00 AM to 11:00 PM; 10) Tanks
and ventilation shall be located so as to limit gasoline fumes off premises. Tank and vent location
to be approved by staff prior to issuance of a building permit; 11) Petitioner shall install adequate
informational signage on-site to assure proper flow of traffic round the building and to assure that
cars waiting to be washed to not block access from roadways; 12) Intercom volume shall be set so
intercom messages do not carry beyond Stationstore property; 13) Informational signage shall be
placed on-site reminding Holiday customers that they are in a residential area and requesting they
keep radios turned down so impact does not carry onto neighboring properties; 14) Petitioner
shall install all waste trap and filtration devices as required by the Building Code for car wash
facilities; 15) The petitioner shall comply with all outdoor sales and storage provisi8ons of
Chapter 205 of the City Code; 16) The petitioner shall comply with all outdoor storage
requirements; 17) The petitioner shall install underground irrigation for the landscape areas
surrounding the station store; 18) All signs shall be reviewed by staff to assure compliance with
Chapter 214 of the City Code; 19) All building elevations shall be reviewed by staff to ensure the
design and materials used shall architecturally integrate with the surrounding neighborhoods; 20)
The e�sting fence along the east property line shall be replaced with a residential type fence, to be
approved by staff prior to issuance of a building permit.
MOTION by Councilmember Billings to AMEND the stipulations by striking the following four:
Stipulation Nos. 1, 9, 11 and 14 and renumbering accordingly and to add the following stipulation
(numbered accordingly): "Upon adoption of Special Use Permit #99-01, Special Use Permit #75-
28 shall terminate and become null and void along with all stipulations adopted on Apri18, 1976.
Further, to amend Stipulation currently numbered 20, by striking the words "the e�sting fence"
and inserting the following "A fence along the south and", to strike the word "replaced" and insert
"constructed" (read as follows: A fence along the south and east property long shall be
constructed with a residential type fence, to be approved by staff prior to issuance of a building
permit).
FRIDLEY CITY COUNCIL MEETING OF JUNE 14, 1999 PAGE 22
Mayor Jorgenson stated that she has some concerns about the accessibility of the vehicles coming
onto the property.
Vote on Amendments: UPON A VOICE VOTE, ALL MEMBERS VOTING AYE, MAYOR
JORGENSON DECLARED THE MOTION CARRIED UNANIMOUSLY.
MOTION by Councilmember Barnette to add a Stipulation as follows: "All turnarounds by
delivery vehicles of any kind at the site shall be accommodated entirely on the site. Any such
vehicles shall avoid to the e�tent possible use of any residential streets, including but not limited
to Polk Street and Lynde Drive." Seconded by Councilmember Bolkcom.
UPON A VOICE VOTE, ALL MEMBERS VOTING AYE, MAYOR JORGENSON
DECLARED THE MOTION CARRIED UANIMOUSLY.
Vote on Main Motion: UPON A VOICE VOTE, FOUR MEMBERS VOTING AYE AND
ONE MEMBER VOTING NAY (COUNCILMEMBER WOLFE), MAYOR JORGENSON
DECLARED THE MOTION CARRIED UNANIMOUSLY.
Mayor Jorgenson asked the petitioner if it was clearly understood that as long as Mr. and Mrs.
Gilstad remain at their property, the convenience store would not remain open 24 hours per day.
Mr. Holscher stated that was correct.
20. MOTION GRANTING PRELIMINARY APPROVAL OF AN AMENDMENT TO
THE 1999 — 2000 LICENSE FOR CASH-N-PAWN FOR THE RELOCATION OF
THE BUSINESS TO 57TH AVENUE AND MAIN STREET (WARD 3):
MOTION by Councilmember Bolkcom to remove this motion from the agenda, per advice from
Attorney Knaak Seconded by Councilmember Barnette.
UPON A VOICE VOTE, ALL MEMBERS VOTING AYE, MAYOR JORGENSON
DECLARED THE MOTION CARRIED UNANIMOUSLY.
21. APPOINTMENTS TO THE CABLE TELEVISION AND TELE-
COMMUNICATIONS ADVISORY COMMISSION:
MOTION by Councilmember Billings to table this item. Seconded by Councilmember Bolkcom.
Mayor Jorgenson stated that with the RFP coming forward, she wanted this item taken care of.
Councilmember Billings stated he understood that the RFP would be reviewed by a panel, but was
not sure that it would be brought back before the Cable Commission.
UPON A VOICE VOTE, FOUR MEMBERS VOTING AYE AND ONE MEMBER
VOTING NAY (MAYOR JORGENSON), MAYOR JORGENSON DECLARED THE
MOTION CARRIED.
FRIDLEY CITY COUNCIL MEETING OF JUNE 14, 1999 PAGE 23
FRIDLEY CITY COUNCIL MEETING OF JUNE 14, 1999 PAGE 24
2L INFORMAL STATUS REPORTS:
Mayor Jorgenson reminded residents of the Fridley `49er Day Parade which will be held on
Thursday evening as well as the carnival.
ADJOURNMENT:
MOTION by Councilmember Barnette to adjourn the meeting at 11:55 p.m. Seconded by
Councilmember Bolkcom.
UPON A VOICE VOTE, ALL MEMBERS VOTING AYE, MAYOR JORGENSON
DECLARED THE MOTION CARRIED AND THE JUNE 14, 1999 MEETING OF THE
CITY COUNCIL WAS OFFICIALLY ADJOURNED AT 11:55 P.M.
Respectfully submitted,
Tammy Saefke Nancy J. Jorgenson
Recording Secretary Mayor