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