05/10/1999 - 00000516THE MINUTES OF THE REGULAR MEETING OF THE FRIDLEY CITY COUNCIL
OF MAY 10, 1999
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 7orgenson, Councilmember Barnette, Councilmember
Billings, Councilmember Bolkcom and Councilmember Wolfe .
MEMBERS ABSENT: None
PROCLAMATION:
Police Week : May 10 — 16, 1999
Mayor Jorgenson read a proclamation declaring May 10 — 16, 1999 as Police Week in the City of
Fridley. Dave Sallman, Public Safety Director and Sergeant Don Abbott were present to receive
the proclamation. Sergeant Abbott invited the Council to attend a"Color Guard" service on
May 15, 1999 in honor of the 207 officers that had died in Minnesota; 4 being from Anoka
County. The event would start at 8:00 a.m. with Memorial Guard, a 15k race and ending with a
candlelight service at 7:30 p.m.
Public Works Week Mav 17 —23_ 1999
Mayor Jorgenson read a proclamation declaring May 17 — 23, 1999 as Public Works Week in the
City of Fridley. Paul Lawrence, Ken Holmstrom, 7im Saefke and 7im Brindley of the Public
Works Department were present to receive the proclamation.
APPROVAL OF MINUTES:
Board of Review and Citv Council Meetin� of Apri126, 1999
MOTION by Councilmember Barnette to approve the Board of Review and regular City Council
minutes of Apri126, 1999 as presented in writing. Seconded by Councilmember Wolfe.
UPON A VOICE VOTE, ALL MEMBERS VOTING AYE, MAYOR JORGENSON
DECLARED THE MOTION CARRIED UNANIMOUSLY.
FRIDLEY CITY COUNCIL MEETING OF MAY 10, 1999 PAGE 2
APPROVAL OF PROPOSED CONSENT AGENDA:
OLD BUSINESS:
1. ORDINANCE NO. 1124 AMENDING THE CITY CODE OF THE CITY OF
FRIDLEY, MINNESOTA TO REPEAL CHAPTER 404, ENTITLED "GAS
FRANCHISE" AND ADOPT A NEW CHAPTER 404, ENTITLED "GAS
FRANCHISE"
Mr. Burns, City Manager, explained that this ordinance repeals the existing gas franchise
that is scheduled to expire in 2003 and replaces it with a new 20-year franchise. This
franchise is a non-exclusive franchise that gives Minnegasco the right to use our streets for
their gas lines and other facilities. It also establishes the terms and conditions for their use
of our streets and establishes the framework for establishment of franchise fees, should we
choose to implement them. Staff recommends Council's approval of the second and final
reading and the official title and summary ordinance.
WAIVED THE SECOND READING AND ADOPTED ORDINANCE NO. 1124
AND ORDERED PUBLICATION OF THE OFFICIAL TITLE AND SUMMARY
ORDINANCE.
2. ORDINANCE NO. 1125 AMENDING THE CITY CODE OF THE CITY OF
FRIDLEY, MINNESOTA, TO INCLUDE A NEW CHAPTER 408, ENTITLED
"ELECTRIC FRANCHISE."
Mr. Burns, City Manager, explained this is a nonexclusive 20-year franchise. As in the case
with the Minnegasco franchise, it gives NSP the right to use our City streets for their
power lines and other electric facilities and sets the terms and conditions for this use. It
also establishes the terms for franchise fees, should we choose to implement them. Staff
recommends Council's approval of the second and final reading and the official title and
summary ordinance.
WAIVED THE SECOND READING AND ADOPTED ORDINANCE NO. 1125
AND ORDERED PUBLICATION OF THE OFFICIAL TITLE AND SUMMARY
ORDINANCE.
3. ORDINANCE NO. 1126 RECODIFYING THE FRIDLEY CITY CODE, CHAPTER
205, ENTITLED "ZONING," BY AMENDING SECTIONS 205.03 AND ADDING
SECTION 205.04.10 (ZONING TEXT AMENDMENT, ZTA #99-01, BY
MEDTRONIC, INC., FOR PROPERTY GENERALLY LOCATED AT LAKE
POINTE DRIVE AND BRIDGEWATER DRIVE) (WARD 1).
Mr. Burns, City Manager explained this ordinance creates and 8.5' x 18' parking stall and
minimum drive aisle width of 24' for multistory parking structures. Currently, these stalls
must be 9' x 20'. Staff recommends Council's approval of the second and final reading and
FRIDLEY CITY COUNCIL MEETING OF MAY 10, 1999 PAGE 3
ordering its publication.
WAIVED THE SECOND READING AND ADOPTED ORDINANCE NO. 1126
AND ORDERED PUBLICATION.
NEW BUSINESS
4. APPROVE GRANT AGREEMENT BETWEEN THE STATE OF MINNESOTA,
DEPARTMENT OF TRADE AND ECONOMIC DEVELOPMENT AND THE
CITY OF FRIDLEY FOR HARKER' S DISTRIBUTION, INC. (WARD 3)
Mr. Burns, City Manager explained that under the terms of this agreement, the City would
be the recipient of a loan/grant of $45,000 for Harker's Distribution, Inc. This money
would be given to Harker's for the purchase of equipment for its new facility at 7501
Commerce Lane under the terms of a loan agreement with the City. The loan is to be given
if Harker's creates the 20 jobs it has promised to create by Apri120, 2001. The City's main
responsibility will be to process the loan agreement and to abide by the Department of
Trade and Economic Development's reporting requirements. Staff recommends Council's
approval.
APPROVED GRANT AGREEMENT BETWEEN THE STATE OF MINNESOTA,
DEPARTMENT OF TRADE AND ECONOMIC DEVELOPMENT AND THE
CITY OF FRIDLEY FOR HARKER' S DISTRIBUTION, INC.
5. APPROVE LOAN AGREEMENT BETWEEN THE CITY OF FRIDLEY AND
HARKER' S DISTRIBUTION, INC. (WARD 3).
Mr. Burns, City Manager explained that this agreement provides for the transfer of $45,000
previously mentioned to Harker's Distribution, Inc. The loan will be made for a term of 2
years at an interest rate of 5%. It will be forgiven if Harker's meets the job creation
requirements within the allotted time. Staff recommends Council's approval.
APPROVED LOAN AGREEMENT BETWEEN THE CITY OF FRIDLEY AND
HARKER' S DISTRIBUTION, INC.
6. APPROVE AN EXTENSION TO VARIANCE REQUEST, VAR #98-09, BY KIM
MILLER OF MILLER FUNERAL HOME, TO ALLOW THE REDUCTION OF
THE SIDE YARD SETBACK FROM 80 FEET TO 37 FEET FOR A BUILDING
ADDITION AND CANOPY, GENERALLY LOCATED AT 6210 HIGHWAY 65.
(WARD 21
Mr. Burns, City Manager explained that this variance expired on April 6 of this year. It
reduces a side yard setback requirement from 80 feet to 37 feet. Miller Funeral Home has
completed most of the design for their improvement, but needs additional time to complete
the work Staffrecommends Council's approval.
FRIDLEY CITY COUNCIL MEETING OF MAY 10, 1999 PAGE 4
7.
8.
GRANTED AN EXTENSION TO VARIANCE REQUEST, VAR #98-09, TO
ALLOW THE REDUCTION OF THE SIDE YARD SETBACK FROM 80 FEET
TO 37 FEET FOR A BUILDING ADDITION AND CANOPY, GENERALLY
LOCATED AT 6210 HIGHWAY 65.
RECEIVE BIDS AND AWARD CONTRACT FOR FIRE APPARATUS BAY
EXHAUST/MAKE-UP AIR PROJECT NO. 334.
Mr. Burns, City Manager, noted that the City had received bids from three different
vendors for this work The low bid was received from Alta Mechanical Company in the
amount of $27,035. This work would consist of the installation of an air handling system,
ductwork and the installation of a huge exhaust fan similar to that which was installed last
year at the City garage. In view of the favorable reference check on Alta Mechanical
Company, staff recommends that Council receive the bids and award the contract to Alta
Mechanical Company in the amount of $27,035.
RECEIVED THE FOLLOWING BIDS FOR FIRE APPARATUS BAY
EXHAUST/MAKE-UP AIR PROJECT NO. 334:
Bidder
Alta Mechanical Company
Yale, Inc.
New Mech
Total Bid
$27, 03 5 . 00
$27,800.00
$31,100.00
AWARDED THE CONTRACT FOR FIRE APARATUS BAY EXHAUST/MAKE-
UP AIR PROJECT NO. 334 TO THE LOW BIDDER, ALTA MECHANICAL
COMPANY IN THE AMOUNT OF $27,035.00.
RESOLUTION AUTHORIZING THE SIGNING OF AN EMPLOYMENT
AGREEMENT BETWEEN FIREFIGHTERS AND THE CITY OF FRIDLEY.
Mr. Burns, City Manager, stated that this a 3-year contract that covers the years, 1999,
2000, and 2001. It provides for a 3% wage increase in each of the years of the contract. It
provides for an increase of the uniform allowance from $375 to $400 per year. It also
allows for pay at the rate of time and one-half for four holidays, and provides the revised
annual leave sell back policy that has been given to other employees (sell back of 40 hours
after 5 years of employment with the City). Staffrecommends the Council's approval.
ADOPTED RESOLUTION NO. 37-1999.
9. APPOINTMENT OF A CITY EMPLOYEE.
Mr. Burns, City Manager, stated that staff was recommending the appointment of
FRIDLEY CITY COUNCIL MEETING OF MAY 10, 1999 PAGE 5
Christopher John Knight to replace Theresa Edel. He noted that Mr. Knight was born in
Minneapolis and was raised in Brooklyn Park. He attended the University of Wisconsin at
Eau Claire and received an Associates Degree from North Hennepin Community College in
1996. Since Mr. Knight's graduation, he has worked as a part-time police officer with the
City of Osseo, a Community Service Officer with Brooklyn Park and a part-time security
officer at Circus Pizza. Staff recommends that Council appoint Mr. Knight effective 7une
1, 1999.
APPOINTED CHRISTOPHER J. KNIGHT AS POLICE OFFICER.
10. CLAIMS:
APPROVED PAYMENT OF CLAIM NOS. 86826 THROUGH 87076.
11. LICENSES:
APPROVED LICENSES AS SUBMITTED.
12. ESTIMATES:
APPROVED ESTIMATES AS FOLLOWS:
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 ofFebruary, 1999 $16,559.00
Frederic W. Knaak, Esq.
Holstad and Knaak, P.L.C.
3535 Vadnais Center Drive
St. Paul, MN 5510
Services Rendered as City Attorney
For the Month of April, 1999 $ 5,000.00
No persons in the audience spoke regarding the proposed consent agenda.
MOTION by Councilmember Barnette to approve the consent agenda items. Seconded by
Councilmember Bolkcom. Upon a voice vote, all voting aye, Mayor Jorgenson declared the
motion carried unanimously.
FRIDLEY CITY COUNCIL MEETING OF MAY 10, 1999 PAGE 6
ADOPTION OF AGENDA:
Councilmember Billings asked that Item 16 be renumbered as 14 and the others items be
renumbered accordingly.
MOTION by Councilmember Barnette to approve renumbering Item 16 to Item 14 and
renumbering Items 14 and 15. Seconded by Councilmember Bolkcom.
UPON A VOICE VOTE, ALL MEMBERS VOTING AYE, MAYOR JORGENSON
DECLARED THE MOTION CARRIED UNANIMOUSLY.
MOTION made by Councilmember Bolkcom to approve the adoption of the amended agenda.
Seconded by Councilmember Billings.
UPON A VOICE VOTE, ALL MEMBERS VOTING AYE, MAYOR JORGENSON
DECLARED THE MOTION CARRIED UNANIMOUSLY.
OPEN FORUM, VISITORS:
Mayor Jorgenson explained that this was the time set aside for residents to speak about issues not
on the agenda.
Tom Gerrety and Susan, residents of 5842 Hackmann Avenue wished to address the Council on a
letter they received from the Code Enforcement Officer, Missy Daniels. The letter stated they
were in violation of City code by having a small trailer parked on the side of their home. They
stated they were in the process of doing some cleanup around their home and were using the
trailer to carry stuff off. They further stated they were very upset that they had received this letter
and took the letter as harassment. They stated that they felt there were several other homes in
their area that have worse violations than the trailer parked on the side of their home.
The Council responded by stating they were sorry that they took the letter as harassment, but
stated that the City's Code Enforcement Officer, Missy Daniels, was only doing her job and they
felt she did a good job. Councilmember Bolkcom asked Mr. Hickok if the City gives e�tensions
on these letters. Mr. Hickok responded by answering yes.
Councilmember Billings stated that maybe the language in the letter could be changed so as not to
read so harsh. Mayor Jorgenson stated she was sorry this letter had upset them. Fritz Knaak,
City Attorney stated this letter is only to inform the residents that they were in violation of the
ordinance and was not a citation.
Mr. Gerrety asked if the addresses Ms. Daniels had written letters to was public information. Mr.
Hickok stated that they would make it available to the public.
Mr. Steve Shorma, who resides at 5916 Oakwood Manor, indicated that he too had received a
letter from the Code Enforcement Officer, Missy Daniels, about a pop-up tent trailer he had
FRIDLEY CITY COUNCIL MEETING OF MAY 10, 1999 PAGE 7
parked in his driveway. He stated he also took the letter as harassment and after waiting a few
days, he called to discuss the letter with Councilmember Wolfe. He stated he realized he was in
violation of the code and had moved the tent trailer to the inside of his garage. He asked the
Council to take a second look at this ordinance and possibly change it.
Council stated that in talking with citizens of Fridley and in past citizen surveys, they understood a
strong code enforcement policy was what the people wanted. Council stated they felt the code
enforcement office and Missy Daniels, was doing a good job with enforcing the codes in the City.
The Council also explained that they realized there was some language in the ordinance that did
need to be addressed and that this would be something that would be looked at in the future.
Mayor Jorgenson explained that this is one of the issues that is repeatedly asked on the citizen's
survey and that a survey is to be done this year.
Mayor 7orgenson explained further that when they talk to people about code enforcement and
what they expect to see in the community, the vast majority say they would rather see a more
aggressive code enforcement policy put into place than the one we currently have. Mayor
Jorgenson stated the largest investment that most residents of the City of Fridley have is their
home and their perception of their home as their castle.
Councilmember Bolkcom stated that she understood there were some items in the ordinance that
did need to be addressed such as the issue with a Winnebago and pull trailers. She stated she
believed this would be looked at later on. Councilmember Bolkcom stated this was not a dead
issue and was something that they did need to look at.
Mr. Storma also stated he would like to be added to the list of citizens to be notified of a public
hearing concerning any additional changes to this ordinance.
Ms. Judy Jones, who resides at 6735 Channel Road, addressed the Council with an issue of heavy
traffic flow on her street. Ms. Jones stated she felt a lot of people use this route to by-pass the
traffic light at Highway 65 and Mississippi St. and by doing so creates a lot of traffic in a
residential area. She stated she had been in contact with the Minnesota Department of
Transportation and presented each Councilmember with a copy of a letter she had received from
Mr. Lars Impola, P.E. with the numbers of a traffic count his department had done. Ms. Jones
suggested that maybe the city could post a sign stating something to the effect of 'no left turn
during rush hours'. She stated that her understanding from talking to Mr. Impola was that she
would need to approach the City Council to consider this.
Mayor Jorgenson stated that a sign is something the City would have to request from the State.
A discussion was made on the traffic in this area. It was suggested that maybe Ms. Jones could
work with a Community Service Officer on this issue.
MOTION made by Councilmember Barnette to receive the letter from Mr. Impola to Ms. Jones.
Seconded by Councilmember Bolkcom.
FRIDLEY CITY COUNCIL MEETING OF MAY 10, 1999 PAGE 8
UPON A VOICE VOTE, ALL MEMBERS VOTING AYE, MAYOR JORGENSON
DECLARED THE MOTION CARRIED UNANIMOUSLY.
After no other questions or comments from the public,
MOTION made by Councilmember Barnette to close the open forum. Seconded by
Councilmember Bolkcom.
UPON A VOICE VOTE, ALL MEMBERS VOTING AYE, MAYOR JORGENSON
DECLARED THE MOTION CARRIED UNANIMOUSLY.
OLD BUSINESS:
13. SPECIAL USE PERMIT SP #99-01, BY HOLIDAY COMPANIES, FOR THE
CONSTRUCTION OF A HOLIDAY STATIONSTORE, GENERALLY LOCATED
AT 5695 HACKMANN AVENUE NE (WARD 2)(TABLED APRII, 26, 1999):
MOTION by Councilmember Barnette to remove this item from the table. Seconded by
Councilmember Wolfe.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR JORGENSON DECLARED THE
MOTION CARRIED UNANIMOUSLY.
Mr. Hickok, Planning Coordinator, stated this is a request by Holiday Companies to allow the
construction of a motor vehicle fuel station and car wash in an area zoned C-2 at 5695 Hackmann
Avenue. He presented an aerial photograph for the southeast quadrant of Old Central, Highway 65
and Hackmann Avenue.
Mr. Hickok stated that in 1975, the property was rezoned from G 1 s to C-2; however, the zoning maps
were not updated to reflect that zoning. It is shown on the zoning maps as being G1, but that is
inaccurate. It is truly zoned C-2, and there are two parcels of land. This property has been used as a
service station since the 1950s. The e�sting special use permit for the site was issued to Union 76,
prior to Citgo's operations on this site, for motor fueling operations. The special use permit before the
Council this evening also includes a car wash.
Mr. Hickok stated there is a wooded site to the south and the developed Citgo site to the north.
Residential homes are to the east and an apartment complex to the south. The parking and drainage
plan both meet the code requirements. There is some drainage to this site from the apartment units and
residential sites; however, this has been accommodated by an on-site pond.
Mr. Hickok stated the site will have improved access to Highway 65 and Old Central and there will be
no unreasonable demand on the e�sting utilities. He stated staff noticed there was a possible wetland
issue and two wetland consultants have reviewed the site to determine if there are protected wetlands.
Mr. Hickok stated that it has been concluded the site is not likely a wetland and additional soil testing
will be completed by 7une 15, 1999. If non-exempt wetlands are found, the special use permit will be
FRIDLEY CITY COUNCIL MEETING OF MAY 10, 1999 PAGE 9
null and void.
Mr. Hickok stated staff received three letters from neighborhood residents, which were reviewed by
the Planning Commission, voicing their concerns regarding excessive noise, 24-hour operation,
drainage, the car wash, underground storage tanks, environmental disputes, and property values. He
stated that staff does address these issues in the stipulations.
Mr. Hickok stated several other Holiday facilities in the metro area were visited. He presented
photographs of the Holiday stations in Crystal and Brooklyn Center taken during the day and evening.
The lighting is different at these two locations because of a lighted canopy. He stated the canopy for
this facility would not be lit.
Mr. Hickok stated the Planning Commission recommended denial of this special use permit based on
the discussion regarding the traffic problems, the issue of property values, and the general health,
safety, and welfare of the neighborhood. He stated there was one dissenting vote as this Commissioner
felt the zoning was proper.
Mr. Hickok stated staff is recommending approval of this special use permit with 20 stipulations. He
stated gas stations are permitted in this C-2 zoning district, as well as car washes, with a special use
permit. Mr. Hickok reviewed the 20 stipulations recommended by staff. These pertain to soil testing
litter control, parking lot requirements, drainage and landscaping a storm pond maintenance
agreement, canopy lighting car wash hours of operation, tanks and ventilation, intercom volume,
informational signage for traffic and residential awareness, waste trap and filtration devices, outdoor
sales and storage, underground irrigation, design and materials, and fencing.
Mr. Hickok stated that the petitioner has provided information regarding traffic. There will be an
additional 84 trips per day generated by this facility, 42 in and 42 out. The traffic consultant has
indicated that the number of trips through this intersection, Hackmann Avenue to Old Central,
combined with the queuing on this leg of the intersection, will not create stacking 95 percent of the
time. There is adequate distance for the p.m. peak hours and space on the end of the separation island
for stacking.
Mr. Hickok stated the ITE standards for a motor fuel operation were used to arrive at the number of
additional trips. There will be the same number of pumps as the Citgo station; however, they are
arranged in a different fashion. There will be four islands with pumps on either side. He stated with
the convenience store and car wash, this would generate additional trips.
Mr. Hickok reviewed the traffic counts along Trunk Highway 65. The average daily traffic is 46,000
vehicles to the south and 36,000 vehicles to the north of this intersection of Hackmann and Trunk
Highway 65. The average daily traffic on Old Central to the east of Trunk Highway 65 is 8,300 and
2,800 to the west. The average daily traffic along Polk Street is 1,200 and 3,000 on Hathaway Lane.
Mayor Jorgenson stated that, according to the information received by Council, there was a significant
decrease in traffic in early March. She felt that once the road construction is completed, there will be
an increase in traffic. She stated the Department of Transportation and the County tried to get the City
to agree to a four-lane highway on Old Central, however, the City was not in favor. She stated from
West Moore Lake Drive, Old Central, Hackmann, and TH 65, the City has 46,000 vehicles per day
FRIDLEY CITY COUNCIL MEETING OF MAY 10, 1999 PAGE 10
going through that intersection. The number of vehicles eastbound on I-694 is 93,000 and 103,000
westbound.
Mayor Jorgenson stated that all the residents from Matterhorn Drive south need to access through the
Hackmann/Old Central intersection or proceed to Innsbruck Drive if they are going in the opposite
direction.
Councilmember Wolfe stated with the traffic survey being done in March, traffic had decreased
because of the construction. He stated once construction is completed, traffic will be back to where it
was in 1996 plus there will be additional traffic.
Mayor 7orgenson stated her home is right behind this site and Councilmember Wolfe's home is
appro�mately a block away. She stated she is aware of the residents' concerns in trying to get through
this intersection.
Councilmember Bolkcom questioned the e�sting level of service and the post-development level of
service for this intersection.
Mr. Hickok stated there would be no changes in the level of service from the additional demand by
Holiday's construction. All the approaches from the north, east, south, and west retain the same level
of service.
Mr. Dave Hoeschen, Holiday Companies, stated that even though the traffic study was done in March,
counts were not used when the road was under construction. The traffic consultants used previous
counts obtained from the Department of Transportation.
Mr. Howard Preston, from BRW and traffic consultant for Holiday Companies, stated the traffic
analysis was done by the Department of Transportation for the March, 1999 report. He stated this was
done prior to closing the median so all the movements could be counted.
Councilmember Bolkcom asked if traffic counts were available from 1996 to 1999.
Mr. Flora, Public Works Director, stated these are taken only every four years. In 1999, when these
counts were taken, all the intersections were operational and functional.
Mayor Jorgenson stated with the construction, there are two lanes where motorists have to swerve
around concrete barriers. A lot of people are not using those intersections and taking alternate routes.
She asked if there was any data available on Hackmann Avenue and Old Central.
Mr. Preston stated that due to the construction, new traffic was not counted and estimates were taken
based on the Department of Transportation's counts. He stated when the analysis was done, they did
not have any values on the Hackmann Avenue approach. Using all the values on Old Central and
values from the Holiday station, there is a"C" level of service and little or no problem for the
Hackmann approach to Old Central.
Mayor 7orgenson questioned the traffic volume for Hackmann Avenue and Old Central.
FRIDLEY CITY COUNCIL MEETING OF MAY 10, 1999 PAGE 11
Mr. Preston stated there are 387 vehicles per hour for westbound traffic on Old Central and 558
vehicles per hour for eastbound traffic. He stated for the Hackmann approach, there are 72 vehicles
per hour during the peak periods.
Mayor 7orgenson asked if the traffic data given to Mr. Hickok mirrored these figures.
Mr. Preston stated those figures were for a 24-hour period so this would be a fraction of those
volumes.
Mayor 7orgenson stated there are 1,200 and 3,000 vehicles per day using Polk Street and Hackmann
Avenue that need to access onto Old Central.
Mr. Preston stated an estimate would have to be done on what percentage of those trips occurred in
the peak hours and the direction the motorists were headed. He stated he estimated the peak hour
volumes based on Old Central. There are 8,000 vehicles per day on Old Central, with 387 vehicles
westbound and 558 vehicles eastbound. The 387 and 558 vehicles are a little over 900, and between
eight to ten percent of the traffic occurs during the peak hours. The numbers he used are higher than
what is shown on the map.
Mayor 7orgenson stated the map shows 7,000 vehicles per day pass Woody Lane and Old Central and
traffic increased by 1,000 vehicles to Moore Lake. She stated that with the 3,000 vehicles from
Hackmann, this increases the count to over 10,000 additional vehicles.
Mr. Preston stated that not all the 3,000 vehicles are making a left turn to go to Central Avenue. Some
motorists will be making a right as they come from Hackmann Avenue.
Councilmember Wolfe asked when the traffic counts were taken.
Mr. Preston stated the counts were done for three hours and the largest number during four
consecutive 15-minute periods was used. The traffic generated from the Holiday site was the highest
for a gas station. He stated the largest number of e�sting counts was added to the largest number for
the proposed development.
Councilmember Bolkcom asked Mr. Preston how they arrived at the figure of 84 vehicles.
Mr. Preston stated the proposed traffic generation from the new Holiday store would be 144 vehicles
during peak hours, 72 in and 72 out. He stated the Citgo counts had been taken by the Department of
Transportation in March, amounting to 30 vehicles, so this figure was subtracted from 72 to arrive at
42 or a total of 84 in and out.
Councilmember Bolkcom asked if the 144 estimated trips for Holiday is what a normal gas station
would have during peak periods.
Mr. Preston stated there is a standard reference, the Institute of Transportation Engineers (ITE) trip
analysis, which traffic engineers use. There are three land uses listed for service stations; one for only a
FRIDLEY CITY COUNCIL MEETING OF MAY 10, 1999 PAGE 12
service station, another for a station and convenience store, and still another for a station, convenience
store, and car wash. He stated every time another element is added, the traffic count goes slightly
higher.
Councilmember Bolkcom asked if the traffic counts take into consideration the pro�mity of a freeway
or highway.
Mr. Preston stated the ITE uses an analysis of 13.8 trips per fueling station during peak hours and,
taking into consideration the regression line, this would amount to 110 vehicles per hour. He stated
their figures were slightly higher at 144.
Councilmember Bolkcom stated that some of the neighbors were concerned due to the close pro�mity
of the freeway and a busy highway, as well as Moore Lake beach.
Mr. Preston stated there are advantages for Holiday to be located on a roadway where there is high
traffic volume. He stated potential customers may already be using these streets and some may live in
the neighborhood.
Mayor 7orgenson stated that most shopping centers locating in an area do a queuing analysis, taking
into consideration the population, density, and highways. She was surprised this was not included in
the traffic analysis.
Mr. Preston stated there was a queuing analysis on the westbound approach.
Mayor Jorgenson asked how many vehicles could be stacked on the new segment of Hackmann
Avenue.
Mr. Flora stated there is 100 to 125 feet so there is space for six or seven cars.
Mayor Jorgenson asked how many vehicles could be stacked between TH 65 and the median.
Mr. Flora stated there is about 345 feet so there is space for 15 or 16 cars.
Mayor Jorgenson asked how many cars can safely make it through the traffic signal.
Mr. Flora stated it all depends on the timing set by the Department of Transportation.
Mr. Preston stated there will be an additional traffic lane. As it e�sts today, there is only one lane with
373 vehicles trying to make the left turn. When this project is completed, there will be two lanes for
390 vehicles, which is significantly less for a queue because there are two lanes for the left turn.
Mayor Jorgenson stated that during the time the highway was open to traffic going westbound, five
vehicles could make it through the traffic signal. She questioned if 15 vehicles could make it through
this signal with the two lanes of traffic.
Mr. Preston stated it takes about two seconds per vehicle to get through the signal which is about ten
FRIDLEY CITY COUNCIL MEETING OF MAY 10, 1999 PAGE 13
seconds long.
Mayor Jorgenson stated traffic is sometimes backed up at this intersection all the way to 53rd Avenue.
Mr. Preston stated the longer the signal for the side street, the less time for heavier traffic on Highway
65. He stated the new design should be better because of the dual left turn lanes.
Mayor Jorgenson stated this is not the intersection design preferred by the State. She stated both the
State and County wanted to remove residential properties to have Polk Street a through street to Old
Central. Mayor Jorgenson stated the City did not want to remove single family homes to
accommodate this design.
Mr. Flora stated the design of this intersection is an improvement for Hackmann Avenue and provides
additional stacking.
Councilmember Billings stated in Mr. Preston's memo to Holiday, he indicates the average daily traffic
on Highway 65 east of the intersection is 8,300 vehicles compared to the 1996 figure of 8,000. He
questioned if you consider vehicles that are already in the area, if this estimate of 144 trips per day and
84 new trips would be smaller.
Mr. Preston stated that traffic generation to the driveway at Holiday would be expected to remain at
144 vehicles. He stated in the traffic analysis of Highway 65, it has been suggested that the bulk of the
144 trips are already on the road system. He stated they assumed these were new trips, except the 30
taken into consideration for the e�sting Citgo station.
Councilmember Billings stated that some of these vehicles in and out of Old Central may already be on
the roadway because they are in the area. The argument that it is already a high volume area, in some
ways, relates to the figures because that would be an advantage to Holiday that the numbers are
already there and they will not create more than 84 trips in and out of their driveway.
Mr. Preston stated they assumed the 42 trips in and 42 out was a net increase.
Councilmember Billings stated the 84 trips per day then is a worse case scenario and wanted to make
sure he was clear on the numbers.
Mr. Preston stated he felt this was a reasonable scenario. He stated they tried to be conservative on
this number.
Councilmember Bolkcom asked if most of their business would come from the immediate
neighborhood.
Mr. Hoeschen stated he did not have the answer to that question, but hoped their store would serve the
neighborhood.
Councilmember Bolkcom asked if the store would bring in a lot of people that are not already in the
neighborhood.
FRIDLEY CITY COUNCIL MEETING OF MAY 10, 1999 PAGE 14
Mr. Hoeschen stated most people purchase gasoline close to where they live. When looking at an
analysis of this store, people do shop where it is convenient. He stated if it is not convenient to get off
and on the freeway, people will not shop at their store. He felt they will have a balance from the
freeway and those motorists using Highway 65.
Mayor Jorgenson asked NIr. Hoeschen if Holiday was counting on business from Medtronic which will
be located across the street.
Mr. Hoeschen stated he would expect some traffic and patronage from Medtronic.
Mayor Jorgenson stated this was not taken into consideration in the traffic analysis.
Mr. Hoeschen stated that it was included in the traffic analysis.
Councilmember Bolkcom stated she wondered what percentage of the business would come from
Medtronic in that they will be located across the street.
Mayor 7orgenson stated she has purchased gas at the Citgo station for 23 years. There are people
from other areas of the City, as well as neighboring communities, who also purchase their gas there.
Mayor 7orgenson felt the employees of Onan and Medtronic would use this facility to purchase
gasoline. There are several peak periods from 6 a.m. to 9 a.m., 11 a.m. to 1 p.m., and 3 p.m. to 6 p.m.
She stated that Fridley is not the typical bedroom community, as there are many people coming into the
City to work There will also be additional traffic with the Medtronic development.
Mayor Jorgenson quoted the following paragraph in the memorandum from Mark Nelson, Holiday
Companies, to Howard Preston and Craig Rasmussen, dated April 29, 1999: "It should also be noted
that the proposed site for the Medtronic Campus would be accessed on the west leg of this
intersection. A higher volume of traffic due to that development could possibly impact the operation of
this intersection but would be unlikely to change the conclusion that Holiday traffic does not cause
serious congestion at the intersection. Therefore, forecasts of Medtronic volumes were not considered
by BRW, Inc. in these analyses". She felt this was a flaw.
Mr. Hoeschen stated his understanding of the issue is when Medtronic's construction is completed,
there will be an elevated level of traffic that may impact the intersection, so it may be worse than it is
today. He stated what BRW is saying is that regardless of the numbers, the number of cars Holiday is
generating will not significantly impact that grade level. Mr. Hoeschen stated it is his understanding
that their property is allowed to generate additional traffic, but not cause a traffic hazard.
Mr. Hoeschen stated there are a number of persons in the neighborhood who do not want them at this
location. He stated these are people we want as our customers and it is disquieting to hear that we are
not wanted. He asked Council to look at this property in a straightforward manner.
Mayor 7orgenson stated that is understandable and the Council does very clearly look at the legal
aspects of that intersection and Holiday's ability to do business.
FRIDLEY CITY COUNCIL MEETING OF MAY 10, 1999 PAGE 15
Mr. Hoeschen stated it would be unfair to restrict traffic generation from this property and not all other
properties.
Councilmember Wolfe stated the e�sting gas station has a number of kids hanging out to get candy,
pop, etc. He stated that people from the beach will not only increase vehicle traffic, but also the
pedestrian traffic. He felt there is a safety issue with people trying to cross at this intersection to access
the store.
Mr. Hoeschen stated, technically, Holiday would not be offering that many different things than what is
now available.
Councilmember Billings stated that Stipulation No. 9 limits the car wash hours of operation from 6
a.m. to 11 p.m. He asked Mr. Hoeschen if Holiday would consider limiting the hours from 7 a.m. to
11 p. m. as a gesture of good will to the neighborhood.
Mr. Hoeschen stated they would gladly limit the hours from 7 a.m. to 11 p.m.
Mayor 7orgenson stated the people residing in the apartment complex would be very appreciative.
Mayor 7orgenson stated she had a number of telephone calls and contact with residents in the
neighborhood. She stated that former Councilmember Schneider has also received a number of calls.
He is in attendance to address some of the comments he has received from former constituents.
NIr. Jim Wolfe, 1265 Hathaway Lane, asked how persons coming down Hackmann Avenue get to Old
Central to go west.
Mr. Flora stated that motorists would have to go around the island, but there is a longer distance
between Highway 65 and Hackmann Avenue. He stated there would be a right turn lane, a through
lane, and two left turn lanes.
Ms. Ann Williams, 5760 Hackmann Avenue, stated that any vehicles coming from I-694 and Highway
65 will have to come up Hackmann Avenue and then into the gas station. She stated she has lived on
Hackmann Avenue over 30 years and it has been a nice neighborhood. She felt that because of the
increased traffic, this development would not be favorable for the young children who have moved into
the neighborhood. Ms. Williams stated her concern is if the store will be maintained and who will be
responsible for picking up debris in the neighborhood. She stated even though there will be the same
number of gas pumps that e�st now at the Citgo station, there will be an additional volume of people
purchasing gas.
Ms. Williams stated she was also concerned with the delivery trucks for the gas, as well as the
convenience store, and the time of their deliveries. She stated her driveway is deteriorating because she
has so many cars turning around in it. She stated she was very concerned about this development, and
allowing it to come into the neighborhood is only the beginning of deterioration for the neighborhood.
Councilmember Barnette asked Ms. Williams if she believed this gas station would significantly change
the neighborhood.
FRIDLEY CITY COUNCIL MEETING OF MAY 10, 1999 PAGE 16
Ms. Williams stated there will be increased traffic and she believed there would be more than 42
additional cars. She is concerned about the children coming from the beach. She felt it would be a big
change for the neighborhood, and she was not in favor of the development.
Mayor 7orgenson stated the figures from the 1996 study shows 4,000 vehicles on Gardena, but there
are no figures for Hackmann Avenue.
Mayor 7orgenson stated a question Ms. Williams had asked earlier was about the placement of stop
signs and how the City was going to control the Hackmann/Old Central intersection and motorists
e�ting the gas station.
Mr. Flora stated there is a proposed stop sign at Hackmann Avenue and Old Central.
Mayor 7orgenson asked if there would be a stop sign at the Gilstad's driveway.
Mr. Flora stated there would be a free right turn at this location.
Mayor 7orgenson asked if residents in the neighborhood would have to stop to accommodate the
traffic e�ting from the gas station.
Mr. Flora stated neighborhood traffic on Hackmann Avenue is on the right of the gas station e�t so
they would have the right-of-way.
Mayor 7orgenson asked how Mr. Flatten will get out of his driveway. She stated, originally, there was
discussion for three stop signs. One was to be at the gas station and one at Mr. Flatten's driveway so
there was a sequence of turns rather than the free right or free left.
Mr. Flora stated stop signs could be installed to stop the Hillwind traffic and Hackmann traffic before
they e�ted onto Old Central.
Councilmember Billings stated the only traffic that would not be stopped is incoming traffic coming off
Old Central. He felt this sounds workable.
Mayor 7orgenson suggested the stop sign be located before the Gilstad's driveway, and a stop sign ne�t
to Mr. Flatten's driveway as well.
Ms. Rebecca Salmonson, 5850 Hackmann Avenue, stated she felt the Hackmann traffic should not
have to stop for traffic coming from the gas station. She stated her street has experienced a 60 percent
increase in traffic since construction began on the intersection improvement. She stated the motorists
speed from 50 to 60 mph. She said a speed trailer has been located on their street, but no police
officers have been in contact with her. Ms. Salmonson stated motorists do not pay attention to the "no
turn" sign and she did not know how this can be controlled. She heard there would be four times more
traffic on her street and they have many children and bikers. Ms. Salmonson stated she is against this
development as she felt it is too large for this parcel.
Mr. Dennis Schneider, 6190 Stinson Blvd., stated he lives in the neighborhood and generally his route
FRIDLEY CITY COUNCIL MEETING OF MAY 10, 1999 PAGE 17
is to go west on I-694 so he uses Gardena to Old Central to access the freeway. He stated he has not
used this route since the intersection construction began. He stated any traffic counts taken since that
construction began, even if the median was open, cannot be particularly valid.
Mr. Schneider stated he has been contacted from residents regarding this development and has referred
them to Councilmember Wolfe.
Mr. Schneider stated the City has tried to keep this area a residential neighborhood. He stated there
was even a proposed parkway approach to reduce traffic and make a more pleasant living area. He
stated the City has a beautiful City resource with Moore Lake and a lot of money has been invested in
the park and playground equipment. He felt it is paramount to have some concerns about safety. Mr.
Schneider stated any increase in traffic, where the City has methods of control, should be looked at
very carefully. He stated he was surprised this parcel was zoned C-2 and surrounded by residential
property and the park It seems it is a spot rezoning.
Mr. Schneider felt the City should do anything possible to restrict the expansion of the property. He
stated he understands Holiday is purchasing this property with the understanding they will receive a
special use permit. He stated it seems the issue of loss of use of the property is a different situation
versus proposed expansion of property Holiday already owns.
Mr. Schneider stated if the City could change the use, there probably would not be a gas station at this
location. He felt to expand the use and add the car wash and convenience store was detrimental to the
neighborhood. The question is really what makes sense for that residential neighborhood. He stated
staff did an admirable job of controlling the lighting however, it is in Holiday's interest to have as much
lighting as possible to attract business. He felt there is not a compelling argument to proceed with this
development.
Mr. Schneider stated the Planning Commission voted to deny this special use permit. He stated he is
aware the City is in a number of other negotiations with Holiday. He questioned if the City is not,
subconsciously, perhaps trying to make sure that Holiday is happy so that negotiations proceed
appropriately for other businesses in which they are involved. He stated he is not suggesting staff is
intentionally trading these things, but when people work across the table on negotiations, it is human
nature for give and take. He stated if that is happening it is really unfair to the neighborhood because
these are separate issues.
Councilmember Barnette stated one of the ways the City tried to prevent traffic on Old Central was to
narrow the roadway on Rice Creek Road and Old Central, but it still seems there is a lot of traffic on
Old Central.
Mr. Schneider stated the parkway proposal met with opposition because of the difficulty people would
experience getting out of their homes. He stated the City will probably have to add lanes on Highway
65 in the future. He stated he has difficulty in using the national statistics, as it is common sense that if
a gas station is in a rural area, it would not generate as much traffic as being located ne�t to a freeway
e�t.
Councilmember Wolfe noted that the lighting at the station would be 24 hours a day.
FRIDLEY CITY COUNCIL MEETING OF MAY 10, 1999 PAGE 18
Councilmember Bolkcom stated that Stipulation No. 8 covers some of the lighting issues. She stated
because the property is zoned C-2, there are a lot of different businesses that could locate on this parcel
that would also generate traffic. She asked what type of uses are permitted in this zoning district.
Mr. Hickok stated the C-2 zoning district is a very permissive commercial district and there is a long
list of permitted uses. He stated all uses permitted in C-1 are allowed in C-2 such as dry cleaning
establishments, office facilities, general business offices, corporate headquarters, theaters, lodging
health and fitness centers, vocational schools, motels/hotels, to name a few. These are permitted uses
without a special use permit.
Mr. Hickok stated if Holiday only requested the gas station, it may be permitted by the e�sting special
use; however, the special use permit is needed for the car wash facility.
Mr. Schneider asked if the development meets all the setbacks for the C-2 zoning district.
Mayor 7orgenson stated the parcel is 1.33 acres. She asked if any of the other uses mentioned by Mr.
Hickok could meet the code requirements for this parcel.
NIr. Hickok stated a convenience store and combination video or a book store and coffee shop could
possibly locate on this site and the acreage should be adequate to meet all the code requirements.
Mayor 7orgenson stated these types of businesses would not operate 24 hours a day, seven days a
week She stated one of the concerns of the apartment managers was the close pro�mity of the
bedrooms in their complex to the car wash and the noise this would generate.
Councilmember Bolkcom asked how close the car wash operation would be top the apartment
complex as compared with Riverside car wash on East River Road.
Mr. Hickok stated the car wash would be about 40 feet from the apartment complex. There is also a
drive aisle of an additional 20 feet. As for the Riverside car wash, there is about 90 feet; however, it
may be somewhat closer for residents to the south.
Councilmember Bolkcom asked if there were noise levels have been established regarding car washes.
Mr. Hickok stated that car washes cannot exceed the State level for a commercial development. He
stated that is the reason for the number of stipulations for screening. The apartment complex and car
wash would need to co-e�st in close pro�mity.
Mayor Jorgenson stated the State standards measure noise over a long period of time. She stated that
even launching a missile would meet the standards because the noise is not continuous. This would
also apply to the car wash, as the noise is not continuous.
Councilmember Billings asked if the City was in negotiations with Holiday on lease agreements or land
purchases or if those negotiations were completed.
FRIDLEY CITY COUNCIL MEETING OF MAY 10, 1999 PAGE 19
Mr. Burns, City Manger, stated these negotiations are, basically, completed. There are two sets of
negotiations in addition to this special use permit, but in all the cases, there are different individuals
handling the items. He stated there has been no overlap or cross communication. Mr. Burns stated he
knows perception is always very important, but he felt it would be unfortunate if perception allowed
people to believe that somehow one set of negotiations colored another. He stated staff has a high
level of integrity in handling these items.
Councilmember Billings stated if the negotiations are complete, there is no way the Council's action on
this item is tied to any other negotiations. He stated in addition to insulting staff, the comments that the
Council might be swayed by negotiations he is not even aware of he takes as a personal affront. He
stated he is disappointed in those comments about a staffthat someone worked with for so many years.
Mr. Schneider asked if any of the negotiations were taking place at the same time.
Mr. Burns stated he would expect there was some overlap in terms of timing. He stated three different
people are handling these items, Scott Hickok, Grant Fernelius, and Rick Pribyl. He stated they are
totally separate issues.
Mr. Schneider stated to address Councilmember Billings' comments, he is not, in any way, suggesting
anything is intentionally taking place. He stated he negotiates with different divisions of the same
customers and it is human nature that there is give and take to come to agreement. He stated it was
not intended as an insult to staff or the Council.
Councilmember Billings stated many times he has heard former Councilmember Schneider say that
perception is reality. People watching this evening may believe this is happening. He stated he will be
voting with his peers and none of the Council has been privy to other negotiations with Holiday.
Mr. Schneider stated that staffs recommendation does carry a lot of weight, and he was surprised after
hearing the presentation. He stated that, in his mind, this is clearly the wrong thing to do, but it is not
to say that reasonable people cannot come to different conclusions.
Councilmember Barnette asked if a check cashing facility could locate on this site.
Mr. Hickok stated that his would be permitted on the parcel.
Councilmember Billings asked what the criteria was for denying a special use permit.
Mr. Knaak, City Attorney stated that, basically, Council has a considerable amount of discretion in
determining whether or not a particular application is in the best interests of the health, safety and
welfare of the citizens. He stated when a use is permitted by a special use permit, it is permitted by the
Council and reasonable restrictions can be placed on the special use permit in order to ensure
compatibility. These restrictions are provided in the ordinance and the law.
Mr. Knaak stated the Council can decide not to issue a special use permit if, in the Council's judgment,
FRIDLEY CITY COUNCIL MEETING OF MAY 10, 1999 PAGE 20
the particular conditions or features of the use are not compatible based on the health, safety and
welfare of the citizens. He stated, as a practical matter, Council has to reach a conclusion that certain
aspects of a proposed use are not compatible and, therefore, a special use permit cannot be granted.
He stated a finding must be made on the basis of incompatibility.
Mayor 7orgenson stated there is a special use permit on this particular parcel for the operation of a gas
station for pumping and dispensing fuel. The car wash feature to the gas station would be a new
portion of the special use permit as would the convenience store.
Mr. Hickok stated the convenience store would not need a special use permit.
Mayor Jorgenson asked if Holiday could raze the gas station and build a new one and a convenience
store without coming to the Council.
Mr. Hickok stated there would be building permits, but the new element to the special use permit is the
car wash.
Mr. Knaak stated that unlike a variance, a special use permit is something the Council can re-visit
regularly. He stated that City staff has been good at reviewing conditions that e�st on special use
permits. He stated if the stipulations are not being complied with, the special use permit can be
terminated.
Mayor Jorgenson asked if he was aware of this ever being done.
Mr. Knaak stated he knows of a case that just occurred several weeks ago. He stated it is unusual and
may be difficult because like any other situation where you are taking something of value, very often it
involves considerable disputes and court proceedings.
Mayor 7orgenson stated there are several businesses in the City which have been threatened with
revocation and they have to be continually monitored. She stated this is very laborious for staff and
there is a legal cost.
Councilmember Billings asked if there were any stipulations attached to the special use permit now in
force for this parcel.
Mr. Hickok stated at that time, the stipulations pertained mainly to outside storage.
Councilmember Billings asked how many of the 20 recommended stipulations for this request for a
special use permit were new.
Mr. Hickok stated there is the standard special use permit language, which is a series of three
paragraphs, used for motor fuel operations and staff added the additional stipulations.
Councilmember Billings stated if the special use permit was denied, Holiday could not have the car
wash, but could proceed with the gas station and convenience store and abide by the original
stipulations and not have to abide by the 20 stipulations recommended by staff.
FRIDLEY CITY COUNCIL MEETING OF MAY 10, 1999 PAGE 21
Mr. Hickok stated if necessary, Council could re-visit the special use permit and add other stipulations
that may be appropriate. He stated it is possible that through the building permits only, Holiday could
meet the original stipulations.
Councilmember Billings asked NIr. Hoeschen if he had any figures on how many additional vehicles
would patronize the business because of the car wash.
Mr. Hoeschen stated he believed the car wash would generate additional business, but felt the
additional traffic would be very low. He stated that he cannot honestly say, as he does not have
sufficient information.
Councilmember Billings stated the car wash does not generate a considerable amount of traffic over
and above what is generated by the gas station and convenience store.
Mr. Hoeschen stated not that they can identify.
Councilmember Billings asked if the national statistics indicate a tremendously different level for a gas
station without a car wash.
Mr. Preston stated there are three categories for gas stations. They are for the station only, a station
with the convenience store, and a station with the store and car wash. He stated it is his re-collection
that the difference is an increment of ten more vehicles during the peak hours. He stated most urban
areas' peak hour traffic is 8 to 10 percent of the daily traffic.
Councilmember Billings stated that this car wash could generate 100 cars per day.
Mayor 7orgenson asked if there was a car wash at the Cub Food site on Main Street and 57r'' Avenue.
Mr. Hoeschen stated there will be a car wash on the south side of the building.
Mayor 7orgenson asked if these two buildings will be appro�mately the same size.
Mr. Hoeschen stated this one may be larger by 500 square feet.
Mayor 7orgenson asked if this store would be architecturally compatible with what Holiday is
constructing on Main Street and 57r'' Avenue. She stated it will not look like residential and the awning
sticks out like a sore thumb.
Mr. Hoeschen stated the building is shingled with a pitched roof.
Councilmember Billings asked if Benshoof and Associates, a traffic engineering company that does
work for the City, had reviewed BRW's statistics.
Mr. Ed Terhart, Benshoof and Associates, stated he reviewed the report and verified BRW's
FRIDLEY CITY COUNCIL MEETING OF MAY 10, 1999 PAGE 22
information from the ITE manual.
Councilmember Billings asked if Benshoof and Associates had completed the study, would they have
come up with similar conclusions.
Mr. Terhart stated that, based on the information in the report, they would have used similar trip
generations and traffic volumes if they had done the traffic counts.
Ms. Rebecca Salmonson stated many people are familiar with the Holiday gas stations and felt they will
e�t the freeway to use this facility. She felt this would create a lot more traffic. She asked if the
entrances from the service road would be closed.
Mr. Flora stated the access is through the Hackmann Avenue entrance.
Ms. Salmonson stated lights from the gas station will shine into windows of the residences.
Mayor 7orgenson stated this gas station is right behind her home and she can walk around at night now
without turning on lights as it lights up her whole house.
Mr. Hickok stated the lighting will be improved as it will be directed downward.
Mayor 7orgenson asked about the lighting around the perimeter.
Mr. Hickok stated it would be shielded and downcast.
Mayor Jorgenson stated if there was no car wash on the site, there are only several stipulations that
would not be in effect through the building permit process. She stated the intercom and on-site signs
are the only ones that are not normal procedure.
Mayor 7orgenson asked if the City can limit the hours of operation.
Mr. Knaak stated the Council can impose reasonable conditions for purposes of protecting the health,
safety and adjoining property owners.
Mayor Jorgenson stated a 7 a.m. operation on Monday through Friday would be satisfactory, but felt it
should be later on weekends.
Councilmember Wolfe stated the car wash operation would be to 11 p.m. and was concerned because
there were children in the apartment complex and this was quite late.
Mr. Hoeschen stated he would be agreeable to not operating the car wash facility unless all the doors
are closed two hours from the beginning time and two hours before closing.
Mayor 7orgenson stated she would prefer that a car wash not be located on this property.
Councilmember Wolfe stated his constituents are not in favor of this special use permit for many
FRIDLEY CITY COUNCIL MEETING OF MAY 10, 1999 PAGE 23
reasons such as traffic, noise, and concern about safety.
MOTION by Councilmember Wolfe to deny Special Use Permit, SP #99-01. Seconded by
Councilmember Billings.
Councilmember Billings stated he cannot support the motion to deny this special use permit. He
stated the burden of responsibility is on the City to determine that there are e�traordinary conditions
whether they be traffic, noise, or pollution that would create a non-compatible use with the
surrounding neighborhood or the rest of the City. He felt the petitioner has been able to demonstrate
that they are not going to be a major intrusion into the quality of life. The traffic studies indicate the
increase in traffic will be minor. He stated staff has pointed out that a gas station and convenience
store could e�st on the property without the stipulations.
Councilmember Billings stated that Holiday believes the traffic counts are not large enough to indicate
this would be an intrusion into the neighborhood and City. He stated, in fact, this project is something
that we really do not have a finding of fact to be able to deny.
Councilmember Wolfe stated he understands Councilmember Billings' comments, but his constituents
have made it clear they do not want this development.
Councilmember Bolkcom stated she does not think there will be a lot more traffic with the car wash.
She stated she realizes there may be some noise issues; however, a gas station and convenience store
would be permitted without a special use permit. She felt that Holiday should not be held accountable
for any more traffic that another company may bring into the area. She felt she could not support the
motion to deny. Councilmember Bolkcom stated by having the car wash operation start at 7 a.m. and
having the doors closed, as well as the downcast lighting this will all be helpful.
Councilmember Wolfe asked Council if they would be concerned if it was in their neighborhood.
Councilmember Bolkcom stated you have to support the people you represent, but you also have to
look at all the facts which is difficult. The fact is a gas station can be located on this site and the car
wash would not generate that much more traffic.
Councilmember Barnette stated he respected Mayor 7orgenson's and Councilmember Wolfe's position
as you are suppose to represent your constituents. He stated he was elected at-large, but has dealt with
controversial issues in his area such as Columbia Arena and Community Park, as well as the recently
approved Texaco station. He stated he felt the concerns have been dealt with, and he would not
support the motion for denial.
Mayor 7orgenson stated she believes there has been a significant finding of fact to deny this special use
permit. She believed the traffic study is flawed because the data used in 1999 does not equate with
what was there in 1996. The noise issue and close pro�mity to single family residential homes and
apartment complexes adjacent is a mitigating factor. It is also detrimental to the public safety of Moore
Lake beach for children that use the bikeway/walkway and for those that walk to the Fridley schools.
UPON A ROLL CALL VOTE, Mayor 7orgenson and Councilmember Wolfe voted in favor of the
FRIDLEY CITY COUNCIL MEETING OF MAY 10, 1999 PAGE 24
motion. Councilmember Barnette, Councilmember Billings and Councilmember Bolkcom voted
against the motion. Mayor 7orgenson declared the motion failed.
MOTION by Councilmember Billings to approve Special Use Permit, SP #99-01, 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 AM — 11 P.M.
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
around the building and to assure that cars waiting to be washed to not block access from
roadways.
FRIDLEY CITY COUNCIL MEETING OF MAY 10, 1999 PAGE 25
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 provisions 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 staffto 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 neighborhood.
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.
Seconded by Councilmember Barnette.
MOTION by Councilmember Billings to amend Stipulation No. 1 by striking the date of May 1 and
inserting the date of 7une 15, 1999. Further, to amend Stipulation No. 9 by striking 6 and inserting 7
and add the following sentence: "From 7 a.m. to 9 a.m. and 9 p.m. to 11 p.m., the doors shall remain
closed during car washing operations. Seconded by Councilmember Bolkcom.
Mayor 7orgenson stated this special use permit could be recalled by Council if all the stipulations were
not adhered to.
Mr. Knaak stated that was correct. It would involve a hearing before the Council for review of the
whole permit or all permits on the property.
Mayor 7orgenson stated occasionally there is a stipulation where a business comes back before the
Council over a certain period of time to review their operations.
Mr. Knaak stated that could be done, but usually it is in cities that do not have the regular enforcement
that e�sts in Fridley.
Mayor 7orgenson asked about the hours of operation. She stated she understands, as long as the
Gilstads remain on the property, the operation would not be 24 hours a day.
FRIDLEY CITY COUNCIL MEETING OF MAY 10, 1999 PAGE 26
Mr. Hoeschen stated as long as the Gilstads live in their home, the hours of operation would be from 5
a.m. to midnight.
UPON A VOICE TAKEN ON THE MOTION FOR THE AMENDMENTS, Councilmember
Billings, Councilmember Barnette, and Councilmember Bolkcom voted in favor. Mayor 7orgenson
and Councilmember Wolfe voted against the motion. Mayor 7orgenson declared the motion carried by
a 3 to 2 vote.
UPON A VOICE VOTE TAKEN ON THE MAlN MOTION, Councilmember Billings,
Councilmember Barnette, and Councilmember Bolkcom voted in favor. Mayor 7orgenson and
Councilmember Wolfe voted against the motion. Mayor 7orgenson declared the motion carried by a 3
to 2 vote.
Councilmember Billings asked for a 5-minute break starting at 11:10 p.m.
NEW BUSINESS:
14. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FRIDLEY,
MINNESOTA, AUTHORIZING THE ACQUISITION OF AN EMINENT
DOMAIN PROCEEDING TO ACQUIRE FEE SIMPLY (5675 QUINCY STREET)
(WARD 1).
Ms. Dacy, Director of Community Development, stated it is necessary to reconstruct Carrie Lane
between Quincy and Jackson Streets to maintain the e�sting traffic pattern in the neighborhood.
The existing pavement width of Quincy and 7ackson Streets is 40 feet. The existing centerline
curve radii of the e�sting Carrie Lane at Quincy Street is 75 feet and at Jackson Street is 50 feet.
With the realignment of Bridgewater Drive/Lake Pointe Drive, adequate room does not e�st to
match the pavement width and provide the safest curve radii as well as retaining the house at 5675
Quincy Street. In addition, there would not be room to maintain a bikeway/walkway connection,
and provide adequate buffing between the neighborhood and the development.
Shifting the proposed 40-foot roadway slightly to the south to create 20 feet of area between the
north lot line and the north curb line of Carrie Lane could enhance the attached "original plan". A
row of evergreen trees could be planted in this area and would still allow for adequate boulevard
area for snow storage. In addition, there would be at least 40 feet available south of the newly
constructed Carrie Lane to plant two rows of vegetation between it and the bikeway/walkway and
the new parkway.
A 40-foot road width is preferable to the 24-foot road width depicted in Option 2A. The
transition of pavement width in Option 2A occurs at the curve of the road whereas the "original
plan" provides more room for a safer curve radius and a matching pavement width. In addition,
the 40-foot pavement width provides adequate room for two lanes of traffic, plus 8 feet of
parking area on both sides of the street. This area is necessary if a car is disabled, or for normal
parking activity. The wider pavement width also allows for smoother maneuverability for larger
plowing vehicles and large fire trucks. The pavement width of 40-feet would enable the City to
FRIDLEY CITY COUNCIL MEETING OF MAY 10, 1999 PAGE 27
maintain the State Aid designation on Carrie Lane. It should be noted, however, noted that the
City would need a variance on the curve radii even with the "original plan". Staff recommends
the City Council adopt the resolution authorizing initiation of eminent domain proceedings on
5675 Quincy Street.
MOTION made by Councilmember Bolkcom to accept the letter of May 9, 1999 from Mr. Robert
Glorda. Seconded by Councilmember Barnette.
UPON A VOICE VOTE, ALL MEMBERS VOTING AYE, MAYOR JORGENSON
DECLARED THE MOTION CARRIED UNANIMOUSLY.
Ms. Jayne Griffith, 5675 Quincy Street sent a letter to the Council and stated that part of the letter
was of a private matter and asked that it not be made pubic. Mr. Knaak, City Attorney, stated
that it was stated in the letter dated May 6, 1999 that Ms. Griffith did not want the information
made public and asked that Council abide by her request.
MOTION made by Councilmember Bolkcom to accept the letter dated May 6, 1999 from Ms.
7ayne Griffith addressed to the Mayor and Councilmembers, minus any attachments. Seconded by
Councilmember Barnette.
UPON A VOICE VOTE, FOUR MEMBERS VOTING AYE, AND ONE VOTE OF NAY,
MAYOR JORGENSON DECLARED THE MOTION CARRIED UNANIMOUSLY.
Mayor Jorgenson stated she had some concerns with passing the resolution at this Council
meeting due to the fact that the City did not have a development agreement with Medtronic and
that there were a number of items that needed to be resolved before they could get there. Mayor
Jorgenson stated she felt it was premature at this point to discuss this issue of condemnation.
Councilmember Bolkcom asked if they did approve this resolution tonight would it be able to be
withdrawn in 120 days.
City Attorney, Mr. Knaak, stated that yes that if it was of public interest it could be withdrawn.
Councilmember Billings asked Mr. Knaak, the City Attorney, that if for some reason the City
could not enter into an development agreement with Medtronic, would it be unreasonable to go
ahead with the configuration of the site that had been proposed by Medtronic with other potential
developers. City Attorney, Mr. Knaak, stated "yes". Councilmember Billings finished by stating
in which case the public interest would still stand.
Mr. Knaak, stated that the clarification was important, that the public purpose is the configuration
of a proposed road construction or re-construction in a manner that would be safer then otherwise
would fixed.
Councilmember Billings stated again that it makes no difference who the developer was. Mr.
Knaak, stated that was correct.
FRIDLEY CITY COUNCIL MEETING OF MAY 10, 1999 PAGE 28
Ms. Norma Rust , 5735 Quincy Street was appearing before Council on behalf of the Griffiths.
She stated she was a neighbor of the Griffiths and did not want to see them lose their home. She
stated she felt the City should look at Plan A and make Carrie Lane a cul-de-sac.
Councilmember Barnette asked Ms. Rust if she believed the people that signed the petition that
was circulated on April 12, 1999, did not understand that the Griffith's home would have to be
removed.
Ms. Rust stated she did believe that not everyone realized that.
Councilmemeber Bolkcom, stated that several people came up to her during the meeting in March
and said they realized it would take another home and that most people were pretty interested in
selling at that time. She felt they had realized that another home would have to be removed.
Ms. Jayne Griffith, 5675 Quincy Street, addressed the Council and stated that she would like to
thank Medtronic for negotiations with the other six homeowners and to thank them for being
sympathetic to her family's situation. Medtronic had bent over backwards to be sensitive to her
mother's health problems. She stated they had not accepted the offer out of belligerence, but out
of caring for her mother. Ms. Griffiths stated the condemnation came out of the clear blue to
them.
Councilmember Billings asked Ms. Griffith if they had been approached by the attorney for
Medtronic.
Ms. Griffith stated they had not and that the last motion was tabled.
Councilmember Billings stated that the last motion the Council made regarding this item was to
have Medtronic re-approach Ms. Griffith's parents. Ms. Griffith stated that the understanding
was that it was tabled and Medtronic did not re-approach them. Councilmember Billings stated
he had communications from Medtronic and had conversations with the Griffith's family attorney,
and the family attorney indicated that they should not bother to put the offer back on the table.
Ms. Griffith stated she was not apprised of that.
Mayor Jorgenson read from the minutes of April 26, 1999, stating: "Motion by Councilmember
Billings to request that staff inform Medtronic that the preferable roadway configuration would
include the removal of the property at 5675 Quincy Street and the connection of Quincy Street
and Jackson Street with a typical roadway width; and that staff transmit immediately to Medtronic
a request that they re-negotiate the purchase of the property with the owners. Furthermore, he
asked that staff begin to assemble information that they felt was necessary to help Council
establish a public purpose for the possibility of condemnation of the property. Seconded by
Councilmember Barnette."
Reading further it stated that Councilmember Billings noted that this was a decision that he hoped
he would never have to be forced to make; however, he must look out for the best interests of the
entire City.
Ms. Griffith stated that she did not understand that and was not sure Medtronic understood that
FRIDLEY CITY COUNCIL MEETING OF MAY 10, 1999 PAGE 29
also. The ne�t day after that meeting she called her attorney to let him know what was going on.
When her attorney called Medtronic's attorney she said she had just heard about this and I guess
we can re-negotiate. Ms. Griffith stated her understanding was that it would happen at tonight's
meeting.
Councilmember Billings stated that on Wednesday or Thursday , two weeks ago, he contacted
Cindy Arndt, the attorney for Medtronic, because he wanted to make sure that she understood
that the City Council voted to ask Medtronic to put the offer back on the table. In a telephone
conversation Ms. Arndt indicated to him that she had a conversation with the Griffith's attorney
and indicated to him that she needed to speak with Mr. George, the Chairman of the Board, to see
if it was permissible for Medtronic to put the offer back on the table. According to Ms. Arndt the
response from the Griffith's attorney was not to bother.
Ms. Griffith stated she never heard of a conversation that took place between last Wednesday and
Thursday. Councilmember Billings stated it would now be some 10 days ago. Ms. Griffith stated
the only conversation that she knows that took place with her attorney and Ms. Arndt, took place
Tuesday, when her attorney called Ms. Arndt about the Council meeting.
Councilmember Billings stated he had talked to Ms. Arndt around two days after that.
Ms. Griffith stated that she was not aware of this. Her understanding was that everything was
tabled until the meeting on May 10, 1999. She thought Medtronic would be contacting her, and
had not heard anything from them. They would like to re-negotiate, and she cannot put her
parents though a condemnation.
Councilmember Billings stated that he hoped that Ms. Griffith would understand that some
decisions that they make appear as though they are uncaring. The Council does in fact care, and
that is the primary reason why they had asked Medtronic to get back in touch with the Griffiths.
Council felt it would be less of an intrusion on their personal lives than to have a court
proceeding. It was his understanding that Medtronic did try to make that contact and that it was
rejected by the Griffith's attorney. He stated if he was hearing Ms. Griffith say she would like to
try and re-negotiate with Medtronic, that he would be in favor of tabling this item until ne�t the
Council meeting to give them the opportunity of doing that.
Councilmember Billings asked Donn Hagmann, from Medtronic, if it was his understanding that
Medtronic's legal department would be willing to go to Mr. George to see if they can go to the
Griffiths and place the offer back on the table.
Mr. Hagmann stated that they would be willing to make the offer again.
MOTION by Councilmember Billings to table this item until May 24, 1999.
UPON A VOICE VOTE, ALL MEMBERS VOTING AYE, MAYOR JORGENSON
DECLARED THE MOTION CARRIED UNANIMOUSLY.
15. RESOLUTION APPROVING A VACATION, SAV #99-01, VACATING A
PORTION OF CARRIE LANE, QUINCY STREET AND JACKSON STREET BY
FRIDLEY CITY COUNCIL MEETING OF MAY 10, 1999 PAGE 30
MEDTRONIC, INC.) (WARD 1):
Mayor Jorgenson asked if this item could be tabled. Mr. Hagmann indicated that he had no
opposition to tabling this item.
MOTION made by Councilmember Billings to table this item. Seconded by Councilmember
Bolkcom.
UPON A VOICE VOTE, ALL MEMBERS VOTING AYE, MAYOR JORGENSON
DECLARED THE MOTION CARRIED UNANIMOUSLY.
16. PRELIMINARY PLAT REQUEST, P.S. #99-01, BY MEDTRONIC, INC. TO
CREATE FRIDLEY EXECUTIVE CENTER 2� ADDITION, GENERALLY
LOCATED AT LAKE POINTE DRIVE AND BRIDGEWATER DRIVE
(WARD 1):
Ms. Dacy, Community Development Director explained that the petitioner was not objecting to a
letter of credit on the installation of the street or the construction requirement the City has. The
issue is the second phase of the overlay and when the final overlay will occur and who should pay
for it. Staff recommends approval with 14 stipulations.
Mr. Hagmann stated to the Council that he spoke with Ms. Dacy and indicated that this would be
Medtronic's world headquarters. Mr. Hagmann stated that it was his understanding that
regardless of the condition of the road, they would still have to mill it down. He did not know the
exact cost, but estimated it would cost between $100,000 to $200,000.
Councilmember Billings stated as he understood that when there is a development project, they do
not put on the final coat of asphalt because during the time Phases 2 and 3 are constructed there
may be tracks from trucks, and it is the City's responsibly to maintain it. So they try to save that
final mat until the construction is done. He stated that any street they build will have a life of 40
to 50 years and about every 8 to 10 years it needs to be sealcoated. He indicated that he believed
that the way the Engineering Department was looking at it is if this is a three-phase deal and
Phase 2 and 3 will not be completed for another 6 or 8 years, everything will be done in that final
mat. He stated that his concern was if someone bought out Medtronic before Phases 2 and 3
were completed and that company decided not to do Phases 2 and 3, he was not sure the City
could hold them responsible. He stated he would be willing to put language in the agreement to
the effect that Medtronic would be responsible.
Mr. Hagmann stated they were willing to go the e�tra mile, but it was his understanding that
whatever company was there would have to do the milling down. Mr. Hagmann stated they had
worked on this with Ms. Dacy.
Ms. Dacy stated that she e-mailed the language to Mr. Hagmann late in the day. It states that the
petitioner will install the final mat on this street prior to the development on this site of Medtronic
Inc. The successor will provide assurance to the City that the road will be maintained for the
FRIDLEY CITY COUNCIL MEETING OF MAY 10, 1999 PAGE 31
public.
Mr. Hagmann stated they are willing to compromise with this.
Mr. Knaak, City Attorney, questioned the language asking if by saying "assurance" did they mean
security? He recommended the language guaranteeing that this is a legal term and one that could
be enforced.
Mr. Hagmann stated that he would take this back to Medtronic.
MOTION made by Councilmember Billings to table this item until the May 24, 1999 Council
meeting. Seconded by Councilmember Bolkcom.
UPON A VOICE VOTE, ALL MEMBERS VOTING AYE, MAYOR JORGENSON
DECLARED THE MOTION CARRIED UANIMOUSLY.
17. INFORMAL STATUS REPORT
Councilmember Bolkcom stated that the SOt'` Anniversary Task Force will be meeting on
Thursday at 5:30 p.m. She indicated that on Saturday, May 15, 1999 there will be a barbecue
sponsored by the Southern Anoka County Chamber of Commerce from 12 noon unti13:00 p.m. at
the Fridley Community Center with free food. On Sunday May 16, 1999, there will be a Sounds
of Jubilation concert starting at 3:00 p.m. with a reception starting at 2:30 p.m. There will be six
churches singing and the Northeast Orchestra will be playing. Following the concert the Fridley
band will be playing and there will be an ice cream social. It is being hosted by the Church of St.
William, which is located at University Avenue and 61gt Street.
ADJOURN:
MOTION by Councilmember Bolkcom to adjourn the meeting at 12:40 a.m. Seconded by
Councilmember Wolfe.
UPON A VOICE VOTE, ALL MEMBERS VOTING AYE, MAYOR JORGENSON
DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE MAY 10, 1999
MEETING OF THE FRIDLEY CITY COUNCIL WAS ADJOURNED AT 12:40 A.M.
Respectfully submitted,
Carolyn Collmorgen Nancy J. Jorgenson
Interim Recording Secretary Mayor
FRIDLEY CITY COUNCIL MEETING OF MAY 10, 1999 PAGE 21
Mr. Hickok stated if necessary, Council could re-visit the special use permit and add other stipulations
that may be appropriate. He stated it is possible that through the building permits only, Holiday could
meet the original stipulations.
Councilmember Billings asked NIr. Hoeschen if he had any figures on how many additional vehicles
would patronize the business because of the car wash.
Mr. Hoeschen stated he believed the car wash would generate additional business, but felt the
additional traffic would be very low. He stated that he cannot honestly say, as he does not have
sufficient information.
Councilmember Billings stated the car wash does not generate a considerable amount of traffic over
and above what is generated by the gas station and convenience store.
Mr. Hoeschen stated not that they can identify.
Councilmember Billings asked if the national statistics indicate a tremendously different level for a gas
station without a car wash.
Mr. Preston stated there are three categories for gas stations. They are for the station only, a station
with the convenience store, and a station with the store and car wash. He stated it is his re-collection
that the difference is an increment of ten more vehicles during the peak hours. He stated most urban
areas' peak hour traffic is 8 to 10 percent of the daily traffic.
Councilmember Billings stated that this car wash could generate 100 cars per day.
Mayor 7orgenson asked if there was a car wash at the Cub Food site on Main Street and 57r'' Avenue.
Mr. Hoeschen stated there will be a car wash on the south side of the building.
Mayor 7orgenson asked if these two buildings will be appro�mately the same size.
Mr. Hoeschen stated this one may be larger by 500 square feet.
Mayor 7orgenson asked if this store would be architecturally compatible with what Holiday is
constructing on Main Street and 57r'' Avenue. She stated it will not look like residential and the awning
sticks out like a sore thumb.
Mr. Hoeschen stated the building is shingled with a pitched roof.
Councilmember Billings asked if Benshoof and Associates, a traffic engineering company that does
work for the City, had reviewed BRW's statistics.
Mr. Ed Terhart, Benshoof and Associates, stated he reviewed the report and verified BRW's