10/11/1999 - 00000706THE MINUTES OF THE REGULAR MEETING OF THE FRIDLEY CITY COUNCIL
OF OCTOBER 11, 1999
The Regular Meeting of the Fridley City Council was called to order by Mayor Jorgenson at
7:34 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 Wolfe, and Councilmember Bolkcom
MEMBERS ABSENT: None.
STATEMENT OF MEETING CONDUCT:
Mayor Jorgenson read the Statement of Meeting Conduct as follows:
Please be reminded that those present at today's meeting may hold a variety of views and opinions
regarding the business to be conducted. The exercise of democracy through representative local
government requires that ALL points of view be accommodated at these proceedings. It is
further expected that a standard of mutual courtesy and respectfulness be exercised by all in
attendance, through our individual expression, manner of speaking, and conduct. Therefore,
please receive the views of others with the same degree of courtesy and respect which you desire
to be given your views and opinions. Any departures from this standard will be addressed by the
Presiding Officer through whatever means are deemed appropriate. Thank you for your
attendance at today's meeting, and your agreement to abide by these standards of personal
conduct.
PROCLAMATION:
Mayor Jorgenson read a proclamation declaring the day of October 18, 1999 as Karl Schurr
Appreciation Day. Mr. Schurr, individually, and through his business, Minco Products, Inc.,
made many contributions to the physical, social and economic development of the City of Fridley.
Mr. Richard Larson, Fridley Fire Department, stated that Mr. Schurr was always present for any
type of alarm to try to help out with any problems that arose at the Minco facilities.
Mr. Dana Schurr, son of Mr. Karl Schurr, accepted the proclamation on his father's behalf.
Mr. Schurr, who is now president of Minco Products, thanked the City Council for honoring his
father with Karl Schurr Appreciation Day. He stated that his father liked Fridley a lot and that
was why he moved to Fridley in 1977. Mr. Schurr said that his father firmly believed in
FRIDLEY CITY COUNCIL MEETING OF OCTOBER 11, 1999 PAGE 2
contributing to the community in which he lived and worked. One of Minco's company goals is
to be a good neighbor to the community. Minco has grown steadily under Karl's leadership, with
three buildings in Fridley with a total of 700 employees.
PROCLAMATION:
Mayor Jorgenson read a proclamation declaring the week of October 25 - 29, 1999, as Minnesota
Manufacturers Week Manufacturing has the second largest total payroll of any business sector in
Minnesota, providing $16 billion in 1996 wages and contributing nearly $216 million in corporate
income taxes in Minnesota.
Ms. Lee Harris accepted the proclamation and also expressed sympathy to the Schurr family for
their loss and appreciation for the contributions Karl Schurr has made to the City of Fridley.
PROCLAMATION:
Mayor Jorgenson read a proclamation declaring the week of October 11 - 17, 1999, to be Student
Foreign Exchange Week Ms. Sue Churack, AFS volunteer, accepted the proclamation along
with three of the four student exchange students. The students present were as follows:
Gulsah Basaran from Germany
Sebastian Fischer from Germany
Marco Gobetti from Italy
Student foreign exchange student Yi-Jun Xu of China was unable to attend.
APPROVAL OF MINUTES:
COLJNCIL MEETING — SEPTEMBER 13_ 1999:
MOTION by Councilmember Bolkcom to approve the minutes of the regular City Council
meeting of September 13, 1999. Seconded by Councilmember Wolfe.
COLTNCIL MEETING - SEPTEMBER 20, 1999:
MOTION by Councilmember Bolkcom to approve the minutes of the regular City Council
meeting of September 20, 1999. Seconded by Councilmember Wolfe.
PRESENTATION:
Dr. Don Helmstetter, Superintendent of Spring Lake Park Independent School District 16, stated
that almost 1,000 students from the City of Fridley attend ISD #16. Spring Lake Park has about
27 percent and Blaine has about 51 percent.
Mr. Helmstetter stated that on November 2, 1999, the ISD #16, is having a levy for learning on
FRIDLEY CITY COUNCIL MEETING OF OCTOBER 11, 1999 PAGE 3
the ballot. One goal of the levy was to lower class sizes for students. ISD #16 has the largest
class size in the metropolitan area. The two budget questions proposed are: 1) Provide funding
for more teachers and classrooms and support staff; and 2) Provide funding for technology staff
budgets for each school.
Mr. Helmstetter said that ISD #16 is almost last for metro-approved funding. Over the last eight
years there has been an accumulated budget reduction of $6.3 million. Due to legislative action
school taxes were going down. The levy, as of right now, was less than last year. The ballot
question would generate $100 per student. It would add 25 teachers. This would lower class
size.
Mr. Helmstetter stated that strong schools do create a strong community. Providing additional
opportunities for kids, such as offering different languages in grade school, would help students
be competitive with other students. This would be a ten-year levy. The $1.6 million would be
generated each of the ten years. The revenue would not come until the ne�t fiscal year.
Lowering class sizes, security, and safety issues are priorities to be addressed immediately.
Technology and support staff was also very important.
Mr. Helmstetter stated that the levy hotline for more information is (612) 785-5568.
Mr. Helmstetter thanked the City Council for their time.
Mayor Jorgenson thanked him for coming to address these very important issues.
APPROVAL OF CONSENT AGENDA:
NEW BUSINESS:
1. RECEIVE THE PLANNING COMMISSION MEETING MINUTES OF
SEPTEMBER 15, 1999:
Mr. Burns, City Manager, explained that this was consideration of a motion to receive the
Planning Commission meeting minutes of September 15, 1999.
RECEIVED THE PLANNING COMMISSION MEETING MINUTES OF
SEPTEMBER 15, 1999.
2. RESOLUTION NO. 77-1999 TO VACATE THE PORTION OF CHERYL
STREET BETWEEN LOTS 1-9, BLOCK L AND LOTS 25-32, BLOCK M,
RIVERVIEW HEIGHTS ADDITION, ANOKA COUNTY, MINNESOTA (SAV
#99-04, BY MICHAEL AND CLAUDIA GEIS):
and
PRELIMINARY PLAT REQUEST, P.S. #99-04, BY MICHAEL AND CLAUDIA
FRIDLEY CITY COUNCIL MEETING OF OCTOBER 11, 1999 PAGE 4
GEIS, FOR A SUBDIVISION TO REPLAT PROPERTY INTO TWO SEPARATE
FRIDLEY CITY COUNCIL MEETING OF OCTOBER 11, 1999 PAGE 5
PROPERTIES, GENERALLY LOCATGED AT 520 DOVER STREET N.E.
(WARD 3):
Mr. Burns, City Manager, explained that Michael and Claudia Geis are requesting that
they be allowed to replat the vacated portion of the street and 22 substandard sized lots
into two single family lots. An e�sting home would remain on lot 1, and a new home will
be built on lot 2. The Planning Commission unanimously recommended approval of both
requests at their September 15 meeting with seven stipulations. Staff recommended
Council's concurrence with the two requests and the following stipulations: 1) Approval
of Special Use Permit SP #99-04; and 2) The petitioner shall modify the site plan to
eliminate all variances for the proposed facility.
APPROVED RESOLUTION NO. 77-1999.
3. SPECIAL USE PERMIT, SP #99-10, BY GEORGE BYDLON, FOR A PROPOSED
SECOND ACCESSORY BUILDING, GENERALLY LOCATED AT 6454
RIVERVIEW TERRACE N.E.(WARD 3):
Mr. Burns, City Manager, stated that the petitioner requested a special use permit to build
a 264 square foot structure that would be used in the winter to provide shelter for his
pontoon boat. During summer months, it would serve as a screened shelter for the
petitioner and his family. The proposed building site would be well-screened from
neighboring properties and would not obscure the neighbor's view of the river. The
Planning Commission approved the special use permit at their September 15t'` meeting.
Staff recommended Council's concurrence with the following stipulations: 1) All
necessary permits shall be obtained from the City prior to construction; and 2) The
accessory building shall be architecturally compatible with the existing home and garage.
APPROVED SPECIAL USE PERMIT, SP #99-10.
4. VARIANCE REQUEST, VAR #99-24, BY JOHN LITCHY FOR AMERICAN
LEGION POST #303, TO REDUCE THE SIDE YARD SETBACK FROM 15
FEET TO 6 FEET TO ALLOW THE CONSTRUCTION OF AN ADDITION,
GENERALLY LOCATED AT 7365 CENTRAL AVENUE N.E.(WARD
2):APPROVE COMPREHENSIVE SIGN PLAN FOR FRIDLEY COMMERCE
CENTER, GENERALLY LOCATED AT 201-57TH AVENUE N.E.(WARD 3):
Mr. Burns, City Manager, stated that the proposed setback would be reduced from 15 feet
to six feet and would permit the construction of additional gathering space, handicapped
accessible restrooms and a required rear exit. The Appeals Commission recommended
approval of the request at their September 22 meeting, subject to two stipulations. Staff
recommended Council's concurrence with the following stipulations: 1) Petitioner shall
obtain any required permits prior to beginning construction; and 2) Parking lot to be
restored to code requirements for paving, curbing, and painting after addition is
completed.
FRIDLEY CITY COUNCIL MEETING OF OCTOBER 11, 1999 PAGE 6
APPROVED VARIANCE REQUEST, VAR #99-24.
5. APPROVE COMPREHENSIVE SIGN PLAN FOR FRIDLEY COMMERCE
CENTER, GENERALLY LOCATED AT 201-57TH AVENUE N.E.(WARD 3):
Mr. Burns, City Manager, stated that the proposed sign plan has been submitted by the
owner, Steve Linn, for his three-tenant building. The letters would be 24 inches high with
a gold trim cap. The edges would be painted to match the building. Since the proposed
plan meets all City criteria and would insure consistent signage for the building, staff
recommended Council's approval.
APPROVED COMPREHENSIVE SIGN PLAN FOR FRIDLEY COMMERCE
CENTER.
6. RECEIVE BIDS AND AWARD CONTRACT FOR THE PURCHASE OF
CONVEYOR SHELVING, COOLER DOORS AND REFRIGERATION SYSTEM
FOR THE NEW COOLER AT THE NEW LIQUOR STORE LOCATION
(WARD 3):
Mr. Burns, City Manager, explained that the City received bids from two vendors. He
recommended that the bid be awarded to AA Equipment in the amount of $66,613.74.
RECEIVED BIDS AND AWARDED CONTRACT FOR THE PURCHASE OF
CONVEYOR SHELVING, COOLER DOORS AND REFRIGERATION SYSTEM
FOR THE NEW COOLER AT THE NEW LIQUOR STORE LOCATION
(WARD 3).
7. RESOLUTION NO. 78-1999 AUTHORIZING CHANGES IN APPROPRIATIONS
FOR THE GENERAL FUND FOR SECOND AND THIRD QUARTER, 1999:
Mr. Burns, City Manager, stated that the changes have arisen as a result of unforeseen
revenues and expenditures. Total unexpected revenues amount to $31,632. Total
unexpected expenditures amount to $69,632. $38,000 of this amount has been used to
cover costs associated with University Avenue corridor mowing in 1999. The remaining
expenditures are largely public safety expenditures associated with grants and other
unexpected sources of revenue. Staff recommended Council's approval.
ADOPTED RESOLUTION NO. 78-1999.
8. RESOLUTION NO. 79-1999 AUTHORIZING THE REALLOCATION OF THE
PRINCIPAL AMOUNT OF THE $2000,000 SUBORDINATED SENIOR
HOUSING REVENUE NOTE, SERIES 1999 BANFILL CROSSING HOMES
PROJECT) BETWEEN TWO INDIVIDUAL PURCHASERS (WARD 3):
FRIDLEY CITY COUNCIL MEETING OF OCTOBER 11, 1999 PAGE 7
Mr. Burns, City Manager, stated that two of the equity investors for the Banfill Crossing
project are requesting that the $2000,000 subordinated senior housing revenue note that
they provided for the project jointly be split into two individual revenue notes held in each
of their names. The old note to Senior Housing Construction, Inc. would be canceled.
New notes would be issued to Mark D. Ecklo and Ronald D. King. The debtor,
Minnesota Christian Homes, Inc., and all other terms would remain the same. Staff
recommended Council's approval.
APPROVED RESOLUTION NO. 79-1999.
9. RESOLUTION NO. 80-1999 RELATING TO THE CITY OF FRIDLEY'S TAX
RATE AUTHORIZATION FOR THE YEAR 2000:
Mr. Burns, City Manager, stated that our state legislature passed a new law in 1999 that
forces us to calculate a theoretical net tax capacity rate. That theoretical rate is
determined by subtracting our 1999 fiscal disparities distribution and our 1999 HACA
amount from our 1999 budget levy. The remainder is divided by the total tax capacity for
Fridley. If our year 2000 tax capacity rate happens to exceed this theoretical tax capacity
rate, we must reduce our budget levy. In order to prevent this from happening, Council is
authorized to pass a resolution that allows the City to use a tax capacity rate that maybe
higher than the theoretical rate. Staff proposed to do that this evening. The budget levy
would remain as approved by Council on August 23 and would be the same as the budget
levy for 1999. The resolution would, however, provide that the budget levy would not be
changed as a result of unforeseen changes in HACA or fiscal disparities distributions. Had
the City had the required information to calculate the theoretical tax capacity rate in
August, Mr. Burns would have presented the resolution at the time the budget levy was
presented. Staffrecommended Council's approval.
ADOPTED RESOLUTION NO. 80-1999.
10. RESOLUTION NO. 81-1999 DESIGNATING TIME AND NUMBER OF
COUNCIL MEETINGS FOR 2000:
Mr. Burns, City Manager, stated that staff submitted the attached calendar after informal
Council meetings on the second and fourth Mondays of the month. Conference meetings
are scheduled for 7anuary, February, April, May, August, October and November. Budget
work sessions have been scheduled for June 19 and 20. Staff recommended Council's
approval.
ADOPTED RESOLUTION NO. 81-1999.
11. APPROVE AMENDMENT NO. 1 TO THE NORTHSTAR CORRIDOR JOINT
POWERS AGREEMENT:
Mr. Burns, City Manager, explained that the amendments expand the purposes of the
FRIDLEY CITY COUNCIL MEETING OF OCTOBER 11, 1999 PAGE 8
North Star Development Authority from feasibility analysis to planning and construction.
They also add Morrison County as a member and identify Ramsey County as eligible for
"Coordinating Membership." Staffrecommended Council's approval.
APPROVED AMENDMENT NO. 1 TO THE NORTHSTAR CORRIDOR JOINT
POWERS AGREEMENT.
12. CLAIMS:
APPROVED PAYMENT OF CLAIM NUMBERS. 89425 THROUGH 89831.
13. LICENSES:
APPROVED LICENSES AS ON FILE WITH THE LICENSE CLERK.
14. ESTIMATES:
APPROVED ESTIMATES AS FOLLOWS:
Frederick W. Knaak, Esq.
Holstad and Knaak, P.L.C.
3535 Vadnais Center Drive
St. Paul, MN 55110
Services Rendered as City Attorney
for the month of September, 1999 $ 5,000.00
Carl J. Newquist, Esq.
Newquist & Ekstrum, Chartered
301 Fridley Plaza Office Building
6401 University Avenue N.E.
Fridley, MN 55432
Services Rendered as City Prosecuting
Attorney for the Month of July, 1999 $ 16,296.00
Park Construction Co.
7900 Beech Street N.E.
Minneapolis, MN 55432-1795
Riverview Heights Area Improvement
Project No. ST. 1999-1
Estimate Number 6 $214,273.30
Lund Martin Construction, Inc.
3023 Randolph Street N.E.
FRIDLEY CITY COUNCIL MEETING OF OCTOBER 11, 1999 PAGE 9
Minneapolis, MN 55418
Liquor Store Project
Estimate Number 1 $ 99,000.00
Mayor Jorgenson asked if there were any questions from the public on any of the items.
No persons in the audience spoke regarding the proposed consent agenda.
MOTION by Councilmember Bolkcom to approve the consent agenda. Seconded by
Councilmember Wolfe.
UPON A VOICE VOTE, ALL MEMBERS VOTING AYE, MAYOR JORGENSON
DECLARED THE MOTION CARRIED UNANIMOUSLY.
ADOPTION OF AGENDA:
MOTION by Councilmember Barnette to approve the agenda as submitted. Seconded by
Councilmember Bolkcom.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR JORGENSON DECLARED THE
MOTION CARRIED UNANIMOUSLY.
OPEN FORUM, VISITORS:
Mayor Jorgenson invited members of the public to come forward to address items not on the
agenda.
Ms. Shelly Tischbrek, 7503 Able Street, stated that there was dangerously excessive speeding in
her neighborhood. She said it happens mostly when school is adjourned. She was very concerned
because there are many little children walking home from school at that time. She felt some
action needed to be taken to improve the situation as soon as possible. She will not allow her
kindergartner-age daughter to walk home from school just because of this problem.
Mayor Jorgenson stated that excessive speeding was a huge concern in Fridley. She said the City
would document that her neighborhood has a problem. Mayor Jorgenson encouraged Ms.
Tischbrek to contact her neighborhood police officer.
Ms. Tischbrek addressed the issue of the uncleanness of having many small garbage cans. She
asked if one bigger and taller garbage can would be more appropriate.
Mayor Jorgenson stated that the current ordinance calls for 32 gallon garbage cans as the
ma�mum size. Council has looked at this issue many times and decided that the 32 gallon cans
were more user friendly for the elderly and the disabled. This ordinance would have to be
examined again in the future. Council is monitoring the situation.
FRIDLEY CITY COUNCIL MEETING OF OCTOBER 11, 1999 PAGE 10
Mr. Frank D'Aigle, 14252 - SSt'` Street, stated that he owns the property at 650 Dover. He has
owned the property for appro�mately fifteen years and has tried to receive variances from the
City to accommodate the home buyers and also the City. He stated that he was very surprised
when Council refused to grant a variance for a young couple to build a home on 650 Dover. The
FRIDLEY CITY COUNCIL MEETING OF OCTOBER 11, 1999 PAGE 11
lots need minor variances to accommodate a single-family home. Mr. D'Aigle stated that he was
willing to work with Council and staff to acquire the variances.
Mr. D'Aigle stated that regarding the weed problem in the lots at 650 Dover, he assumed some
type of weed control would work so the grass would not need to be cut every week.
Mayor Jorgenson stated that the weed problem would be addressed in Item Number 16.
Mr. D'Aigle stated that he was in objection to the weed control problem. It was his hope that
when he proposes to build on the lot that Council would work with the Planning Commission
because he would comply and work with the City in any possible way he could.
Mayor Jorgenson stated that the lots were beneath the minimum standards.
Mr. D'Aigle stated that when he bought the lot, it was a minimum standard. When the neighbors'
garage burned down, the neighbor should have had a variance to rebuild it. The new garage was
built right on the lot line.
Mayor Jorgenson stated that the Community Development Department would look into it.
Mayor Jorgenson asked if any other members in the audience wanted to address any issues for the
open forum.
No persons in the audience spoke.
PUBLIC HEARING:
15. TO MODIFY THE REDEVELOPMENT PLAN AND TAX INCREMENT
FINANCING PLANS TO REFLECT ENLARGEMENT OF REDEVELOPMENT
PROJECT NUMBER ONE AND INCREASED PROJECT COSTS TO BE
UNDERTAKEN THEREIN:
MOTION by Councilmember Bolkcom to open the public hearing. Seconded by Councilmember
Barnette.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR JORGENSON DECLARED THE
MOTION CARRIED AND THE PUBLIC HEARING WAS OPENED AT 8:25 P.M.
Ms. Dacy, Community Development Director, stated that Council would look at three major
issues as follows: 1) Enlarging the redevelopment project area; 2) Modifying the tax increment
financing (TIF) budgets within the redevelopment plan; and 3) Examine a specific change in the
Lake Point District with an e�tension and duration of the district to the year 2025, for the
Medtronic development.
The purpose of enlarging the project area was to plan for the future. The Housing and
FRIDLEY CITY COUNCIL MEETING OF OCTOBER 11, 1999 PAGE 12
Redevelopment Authority (HRA) would have the fle�bility to create additional tax increment
financing districts and implement rehabilitation or housing replacement programs or acquire
properties for redevelopment projects.
The second purpose of modifying the tax increment financing budgets was to clarify the budgets
included in the redevelopment plan. The Medtronic project, for example, has increased eligible
expenses.
There was a language change in the Lake Pointe tax-increment district which e�tends the duration
of the tax increment district to the year 2025.
The Planning Commission was required by state law to pass a resolution to establish that the
expanded project areas were consistent with the comprehensive plan. The HRA will take action
on their resolution on Thursday, October 14, 1999. Staff's recommendation to Council this
evening was to conduct a public hearing. Then, the resolution authorizing the modification would
be on the agenda sometime in November.
Mayor Jorgenson asked who would incur the expenses associated with the TIF changes Ms. Dacy
just addressed.
Ms. Dacy stated that Medtronic will be reimbursed for their documented eligible expenses
according to the development agreement from the HRA, not the City's budget.
MOTION by Councilmember Barnette to close the public hearing. Seconded by Councilmember
Wolfe.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR JORGENSON DECLARED THE
MOTION CARRIED AND THE PUBLIC HEARING WAS CLOSED AT 8:32 P.M.
16. ASSESSMENT FOR THE 1999 NUISANCE ABATEMENT:
MOTION by Councilmember Bolkcom to open the public hearing. Seconded by Councilmember
Wolfe.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR JORGENSON DECLARED THE
MOTION CARRIED AND THE PUBLIC HEARING WAS OPENED AT 8:33 P.M.
Mr. Pribyl, Finance Director, stated that there were four properties associated with the
assessment. The City used its own resources for clean-up of some properties. The assessment
total cost was $4,820.62. The properties are as follows:
195 79t'` Way
15 63rd Way
532 Janesville Street
6755 East River Road
FRIDLEY CITY COUNCIL MEETING OF OCTOBER 11, 1999 PAGE 13
Councilmember Wolfe asked how the $4,820.62 was arrived upon.
Mr. Pribyl stated that the amount was the total cost the City has spent. The properties had certain
code violations.
MOTION by Councilmember Bolkcom to close the public hearing. Seconded by Councilmember
Barnette.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR J ORGENSON DECLARED THE
MOTION CARRIED AND THE PUBLIC HEARING WAS CLOSED AT 8:37 P.M.
17. ASSESSMENT FOR THE 1999 SERVICE CONNECTION:
MOTION by Councilmember Barnette to open the public hearing. Seconded by Councilmember
Bolkcom.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR J ORGENSON DECLARED THE
PUBLIC HEARING OPEN AT 8:37 P.M.
Mr. Pribyl, Finance Director, stated that the service connection assessment pertains to the
property owner hooking up to water and sanitary sewer during the year. In this particular case
there was only one property in which the assessment was for $12,730.54, a commercial property.
No appeal may be taken as to the amount of an assessment unless a signed, written objection is
filed with the clerk prior to the hearing or presented to the presiding officer at the hearing.
MOTION by Councilmember Wolfe to close the public hearing. Seconded by Councilmember
Barnette.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR J ORGENSON DECLARED THE
PUBLIC HEARING CLOSED AT 8:38 P.M.
18. ASSESSMENT FOR THE 1999 WEED ABATEMENT:
MOTION by Councilmember Bolkcom to waive the reading and open the public hearing.
Seconded by Councilmember Wolfe.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR J ORGENSON DECLARED THE
PUBLIC HEARING OPEN AT 8:39 P.M.
Mr. Pribyl, Finance Director, stated that this was the annual assessment that the City has actually
spent resources for the properties that were in violation of the City Code regarding weed
overgrowth. If the certification resolution passes later on, the owners would have thirty days to
pay without interest accrual. There are fourteen properties that would be assessed, with the total
amount being $9,196.24.
FRIDLEY CITY COUNCIL MEETING OF OCTOBER 11, 1999 PAGE 14
MOTION by Councilmember Bolkcom to received a letter from Maynard Nielsen. Seconded by
Councilmember Barnette.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR J ORGENSON DECLARED THE
MOTION CARRIED UNANIMOUSLY.
Councilmember Bolkcom asked Mr. Hickok what the process was for the weed abatement
process.
Mr. Hickok, Planning Coordinator, stated that the City identifies properties that have lawn growth
in excess of ten inches. Chapter 105 of the City Code states that yards that have growth in excess
of ten inches are public nuisances and need to be cut by the property owner or by the City. The
City attempts to contact the property owners prior to the yard reaching ten inches with a warning
and notice of the City Code. A letter is then sent stating that the City will take care of the weeds.
Those properties are put on a schedule for maintenance so the properties do not violate the
ordinances. A property owner, at any point, can say that they will take on the responsibility
themselves.
Councilmember Bolkcom asked Mr. Hickok how many days the owners have to cut the weeds
after the first notification.
Mr. Hickok stated that they have ten days. Properties that have repeated problems are identified
on a list and then are put on a regular schedule after the owner has not mowed the weeds the first
time.
Councilmember Barnette asked Mr. Hickok how often a lot has to be mowed by the City if the
owner fails to maintain it.
Mr. Hickok stated that in a regular season, there is enough rain that properties need to be mowed
every two weeks.
Councilmember Barnette stated that in reference to Mr. Nielson's case, the maintenance and cost
by the City seems excessive.
Mayor Jorgenson stated that property owners have the choice to take care of their property but,
by default, left the City to take care of the property.
Councilmember Barnette stated that $4,000 is a very excessive amount charged for lawn
maintenance for a two acre lot.
Councilmember Bolkcom stated that some of the properties have been on the list for many years.
She said that she has driven by Mr. Nielsen's property and noticed that it was very overgrown and
unsightly.
Councilmember Barnette asked Mr. Hickok what kind of equipment was used to mow the
FRIDLEY CITY COUNCIL MEETING OF OCTOBER 11, 1999 PAGE 15
properties.
Mr. Hickok stated that when a property has not been maintained for a certain number of years, it
takes a sickle-bar mower. Once the property is manicured a standard mower can be used.
Mayor Jorgenson asked Mr. Hickok if the property owners are notified if they are going to be put
on a regular maintenance schedule.
Mr. Hickok stated that their newest letter lets them know that they will be put on a schedule.
Mayor Jorgenson asked Mr. Hickok if the property owners had any idea of the cost of being put
on a regular maintenance schedule.
Mr. Hickok stated that the letter is very explicit about the fact that the City has to contract to
have it done. There is also a twenty-five percent (25%) administrative fee involved.
Councilmember Bolkcom stated that the City also has to spend a lot of time driving back to the
property site to check if it has been mowed.
Mr. Maynard Nielsen, property owner at 61gt Avenue and East River Road, stated that he has
maintained his property himself for the last three years. This year he hired someone, but before
his contractor finished the City's contractor completed the job. He stated that he felt the cost of
mowing was really expensive, and the property had been cut too many times. Normally,
throughout the year, the City has done it once only.
Councilmember Bolkcom asked Mr. Hickok if the City had records of how often the area has
been mowed.
Mr. Hickok stated that the City does has records, and the cost depends on the size of the project.
Councilmember Wolfe asked Mr. Hickok if he was correct in stating that the property was
mowed eleven times.
Mr. Hickok stated that was correct.
Councilmember Wolfe asked Mr. Nielsen if he thought that it was cut eleven times.
Mr. Nielsen stated that it should not have been cut eleven times. Once a summer should be
enough, but this was an exceptionally rainy summer.
Mr. Paul Johnson, 2891 North Fairview, Roseville, stated that he has owned the property since
1979. He has always mowed the property once or twice per summer and has not had a problem.
He received a notice from the City that an inspection would be conducted on or shortly after June
28 and to please have his property in compliance at that time. He called the City and explained he
had health problems and arranged for a contractor to mow it but the City mowed the property
first. When he received the bill, it was for six mowings. Ne�t door to his property is Cheapo
FRIDLEY CITY COUNCIL MEETING OF OCTOBER 11, 1999 PAGE 16
Records, and he felt the City mowed their lot, too, but charged Cheapo Records to Mr. Johnson's
bill. If the City notified him that his property has to be mowed every two weeks, he would have
mowed it to avoid the high cost.
FRIDLEY CITY COUNCIL MEETING OF OCTOBER 11, 1999 PAGE 17
Councilmember Billings asked Mr. Johnson how wide his lot is and also how wide Cheapo
Records is.
Mr. Johnson stated that his lot was 60 feet wide, and Cheapo Records was 50 to 55 feet wide.
Councilmember Billings stated that the City could check on the records of the contractor's to see
if they mowed Cheapo Records lot too. The first time the lot was mowed for Mr. Johnson's
property the grass was so high, the For Sale sign on the property was not visible.
Mr. Johnson stated that it was his intention to mow. If the City changed their rule of how high
the grass should get, he would like to know about it.
Councilmember Billings stated that the lot was probably two feet tall by the time the City mowed
it this last summer.
Mayor Jorgenson asked Mr. Johnson if he notified the City that Cheapo Records lot was charged
on his bill.
Mr. Johnson stated that he did.
Councilmember Wolfe asked Mr. Hickok how the mowings were scheduled.
Mr. Hickok stated that it was scheduled on a two week notice. The City contacts the property
owner after the contractor contacts the City to let them know the property has been mowed. The
City is not out to mow more than they need to. It does not take long for weeds to grow.
Councilmember Wolfe stated that twelve mowings for Mr. Nielsen's property seems excessive.
Mr. Hickok stated that in these cases the properties have histories of these problems.
Mr. Scott Meland, 5230 Red Oak Drive, Mounds View, stated that he owns the property at 5601
Fourth Street. He asked if his property was one of the properties assessed for weed abatement.
Mr. Hickok stated that he did not have the histories of the properties but would say that it
probably has a history of needing maintenance.
Mr. Meland stated that he purchased the property in March of 1998. The letter he received about
the proposed assessment on September 24 was the first notice he was aware of from the City
regarding this issue. He stated that last year he did do some work on the lot but probably not up
to the City's standards. He stated that he did not know what the standards were. The first time
he went out to mow it this year, it looked like it had already been mowed. He stated he did not
receive any notice about his property at all.
Councilmember Bolkcom asked Mr. Hickok if the City keeps copies of letters that are sent to
property owners.
FRIDLEY CITY COUNCIL MEETING OF OCTOBER 11, 1999 PAGE 18
Mr. Hickok stated that was correct, and he would check for the letters.
Mr. Meland stated that if he did receive one letter he would have been more cautious of his
property.
Mayor Jorgenson stated that the contact person for Mr. Meland would be Mr. Hickok.
Councilmember Billings asked if the eleven different pin numbers would indicate that the property
was not mowed eleven times but represent the eleven different lots.
Mr. Hickok stated that the City could provide month by month bill analysis.
Councilmember Bolkcom asked if it would be beneficial not to close the public hearing until the
questions raised by the property owners could be investigated further as to how many times the
property was mowed and what was actually mowed on the property.
Mr. Pribyl stated that the resolution could be approved at the ne�t City Council meeting.
Mr. Hickok stated that he would answer any questions the property owners have.
MOTION by Councilmember Bolkcom to continue the public hearing. Seconded by
Councilmember Barnette.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR J ORGENSON DECLARED THE
MOTION CARRIED UNANIMOUSLY.
19. CONSIDER REVOCATION OF SPECIAL USE PERMIT, SP#89-14, FOR
CHOPPER CITY SPORTS, GENERALLY LOCATED AT 7191 HIGHWAY 65
N.E..
MOTION by Councilmember Billings to open the public hearing. Seconded by Councilmember
Wolfe.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR J ORGENSON DECLARED THE
MOTION CARRIED AND THE PUBLIC HEARING WAS OPENED AT 9:25 P.M.
Mr. Hickok stated that this hearing was to consider revocation of the special use permit for
Chopper City Sports. The City has an obligation to ensure all of the conditions of the special use
permit are being upheld. The property at 7191 Highway 65, Chopper City Sports, which is in the
business of recreational sports. In 1989, the City of Fridley approved Special Use Permit,
SP #89-14, that allowed a display of up to four snowmobiles, personal watercraft, and/or all
terrain vehicles on this property. This year on August 17, staff noticed that Chopper City Sports
was displaying five snowmobiles, two ATVs, and two trailers. On August 19, staff noticed that
Chopper City Sports was displaying the same items on the Highway 65 right-of-way. This is a
FRIDLEY CITY COUNCIL MEETING OF OCTOBER 11, 1999 PAGE 19
violation of the special use permit, city codes and state statutes.
Staff had cause to look in the records to see what the history was with Chopper City Sports to
find that there was correspondence in 1998 regarding the same violations. Due to the repeat
offenses, staff recommended that Council hold a public hearing to consider revocation. Behind
the facility, there was a situation of the merchandise being stored in the rear yard exceeding the
height of the fence. The stipulation in the special use permit, and the code itself states that
outdoor storage needs to be properly screened from the public right-of-way.
Mr. Hickok presented to Council two different photographs of the property that were taken on
August 17 and August 19. The photographs show that in the foreground of the store there were
a series of items in front. There were two snowmobile trailers with two snowmobiles on each of
the trailers, and an ATV on the front and also an ATV closer to the building. Another
photograph shows the crates are stacked to a height twice the size above the screening fence in
the rear of the building.
Mr. Hickok stated that it was staff's recommendation to hold a public hearing and also to make a
motion to continue to hold the public hearing open for any final decisions to revoke Special Use
Permit, SP #89-14, until January 24, 2000. Staffwould notify the owner that all inventory stored
above the height of the fence shall be removed, and all illegal outdoor display shall be
discontinued by ninety days from the date of this hearing. Staff would re-inspect the site for
compliance and if the property was not in conformance at that time, staff would recommend that
Council revoke Special Use Permit, SP #89-14.
Mr. Marv Jorgenson, owner of Chopper City Sports, 7191 Highway 65, stated that he was on
vacation when the displays in the front of the building on the right-of-way occurred. He stated
that they always cut the grass out there, and his employees figured they could display some items
as long as they cut the grass. The employees were unaware that they were only supposed to place
four items by the front of building.
Mayor Jorgenson asked if he tells his employees how many items to put in the front of the
building.
Mr. Jorgenson stated that he normally tries to tell his employees, but there are different employees
hauling things out there during the day. Normally, there was one trailer with two snowmobiles on
it with an ATV in front of it. The stock in the rear yard of the facility was due to the fact that
during the months of August, September and October the snowmobiles are shipped in. He
receives 250 snowmobiles because that is the minimum order he can receive. It takes three
months to assemble them. In the meantime he needs to store them somewhere. He checked into
building a warehouse-type facility on the property for the storage of the snowmobiles, but he
would need a couple of variances for the building.
Mayor Jorgenson asked Mr. Jorgenson how he intends to take care of this situation in the future.
Mr. Jorgenson stated that the front was not a problem. His employees now know they can only
FRIDLEY CITY COUNCIL MEETING OF OCTOBER 11, 1999 PAGE 20
haul four total units there. The snowmobiles in the rear yard were moved down so they are only
stacked two boxes high.
Councilmember Wolfe stated that when Mr. Jorgenson orders snowmobiles, he has to order a
certain amount, no matter what the demands are.
Mr. Hickok stated that Chopper City Sports needs to anticipate the amount of inerchandise they
receive, and it needs to be warehoused if it cannot fit on the site.
Councilmember Billings asked Mr. 7orgenson if the one week in August was the only time he had
too many items placed in front.
Mr. Jorgenson stated that was correct.
Councilmember Billings asked Mr. 7orgenson if they are anticipating the same problem ne�t
August, September and October.
Mr. Jorgenson stated that he does not want to sell that many, but he has to take that many
snowmobiles.
Councilmember Billings stated that he knows there are warehouses around the vicinity such as
near County Road E and Snelling Avenue. He was empathetic to Mr. Jorgenson's problem of
having too many sleds, but if they were more securely stored he would not have this problem.
Mr. Jorgenson stated that this year they only pre-sold fifteen snowmobiles. They have to wait
until they sell to assemble them.
Councilmember Billings stated that he could possibly work with his supplier to see if they could
warehouse the sleds until there is room for them.
Mr. Jorgenson stated that the problem is that they do not make money on the sleds. They pay
people to take the sleds. They only make money on the parts and service. By November he
should be down to 150 sleds which would store easier in the rear of the building.
Mayor Jorgenson asked Mr. Jorgenson if he understood what was being proposed to keep the
public hearing open. In the event that the stock exceeds the height of the fence, or there are too
many items in front, the revocation process would start all over again after January 24, 2000, if
the special use permit codes are violated again.
Mr. Jorgenson stated that he understood.
Mayor Jorgenson thanked Mr. Jorgenson for coming in.
MOTION by Councilmember Wolfe, seconded by Councilmember Bolkcom, to e�tend the public
hearing for Special Use Permit, SP #89-14, until January 24, 2000.
FRIDLEY CITY COUNCIL MEETING OF OCTOBER 11, 1999 PAGE 21
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR JORGENSON DECLARED THE
MOTION CARRIED UNANIMOUSLY.
20. REZONING REQUEST, ZOA #99-04, BY BRIAN AND JACQUELINE BONA, TO
REZONE THE CURRENT R-3, MULTI-FAMILY RESIDENTIAL DISTRICT, TO
C-2, GENERAL BUSINESS DISTRICT, TO ALLOW COMMERCIAL USE OF
THE SITE FOR A PROPOSED AUTO REPAIR FACILITY, GENERALLY
LOCATED AT 5333 UNIVERSITY AVENUE N.E.(WARD 1):
MOTION by Councilmember Billings to open the public hearing. Seconded by Councilmember
Bolkcom.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR JORGENSON DECLARED THE
MOTION CARRIED AND THE PUBLIC HEARING WAS OPENED AT 9:55 P.M.
Mr. Hickok, Planning Coordinator, stated that Brian and 7acqueline Bona are property owners at
5333 University Avenue and are seeking to rezone a portion of the property from R-3, Multi-
family Residential to C-2, General Business. The Bonas also originally requested six variances in
order to construct an automobile service station. The request has been reduced to one variance
which will be discussed later this evening. The property is located just north of 53rd Avenue and
north of the e�sting Amoco station which the couple leases.
Mr. Hickok stated that there was an alley that traverses the property on the north end and runs
down the east side of the property to 53rd Avenue.
Mr. Hickok stated that the Bonas requested the rezoning of the property described as lots 24 and
30 of Hamilton's Addition of Mechanicsville. Repair garages are permitted by special use permits
in the C-2, General Commercial District. The proposed facility causes the parking to encroach on
the R-3 properties to the north. R-3 District would allow multi-tenant residential development,
the land is 25,596 square feet. Based on that land area as many as fourteen residential dwelling
units could e�st on this site. Undeveloped multi-family property in this community is very rare.
The rezoning request, as reviewed by staff, matched with standard criteria, the proposal request
must match the criteria in all three instances, if not the rezoning request fails to receive the
positive staff recommendation. Compliance with district standards is required. In this case a 20
foot variance would still be needed, which would raise the question if this truly complies with
performance standards being sought in the rezoning. It states that the proposal needs to meet all
of the performance standards of a district. In this case it would need a variance to meet the
performance standards. The analysis also reveals that the requirement for the variance clashes
with that criteria. Therefore, it was staff's recommendation for Council's approval.
Staff recommended to the Planning Commission that the rezoning occur with stipulations. The
Planning Commission recommended approval of the rezoning with two stipulations with the
stipulations changed to reflect that they felt the overhead doors facing University Avenue were
FRIDLEY CITY COUNCIL MEETING OF OCTOBER 11, 1999 PAGE 22
not objectionable.
FRIDLEY CITY COUNCIL MEETING OF OCTOBER 11, 1999 PAGE 23
Councilmember Billings asked Mr. Hickok if the parcel was part residential and part commercial,
and if there are provisions in the rezoning if the lot is adjacent to commercial for parking on R-3.
Mr. Hickok stated that was correct. City Code does allow by special use, parking in an R-3
district. The proposal was for a multi-bay quick lube facility that measures 35 feet by 140 feet.
The property line for this building runs east and west. Everything north of that is R-3, Multi-
family Residential. Staff was seeking to have developments have a consistent zoning when
parking is required for this facility. This building would only be three feet from the property line
of an R-3 district. Fifty feet is required. This was an almost insurmountable precedence in this
condition.
Councilmember Billings asked if the two parcels have two separate tax identification numbers.
Mr. Hickok stated that it has two separate tax identification numbers.
Councilmember Wolfe asked if the doors opening towards University was something staff was
opposed to.
Mr. Hickok stated that the site plan proposed could be modified to eliminate five of the six
variances. The remaining variance was for the building itself. The petitioner asked for a variance
to allow the building to sit closer to the rear lot line, closer to a residential property. This also
puts the parking in front of the facility and seven overhead doors facing University Avenue.
Mr. Hickok stated that much discussion with staff and the Planning Commission pertained to the
emphasis put on the image for the vision process for the comprehensive plan and the image of the
corridor. Overhead doors facing University Avenue is contrary to the image that is being sought
to create for the corridors. If the noise is projected beyond the property line whether the building
is faced east or west, it is too noisy for the property. By turning the building around gives a
proper distance between the alley with a screening fence along the alley. There would be a
storefront appearance along University Avenue, and it would take all of the parking out of the
front yard. It also provides a great opportunity for nice landscaping.
Council has to decide if this is an appropriate use for this site if noise is a problem. Is the noise
any better to send across University Avenue when The Minnesota Department of Transportation
tells us that the noise is at a level that can be of concern to residents. Residential is right across
University Avenue.
Councilmember Wolfe stated that he felt that since there is already noise coming from University
Avenue having the doors facing University Avenue would not affect the noise level much.
Councilmember Bolkcom asked why there could not be one door opening to the bays with a drive
aisle.
FRIDLEY CITY COUNCIL MEETING OF OCTOBER 11, 1999 PAGE 24
Mr. Hickok stated the Planning Commissioner considered that similar to the Tires Plus facility
with an internal drive aisle. If the site was a bit deeper they would hold on to that
recommendation, but it would create many variance problems.
Mayor Jorgenson asked Mr. Hickok if the building could be moved to the south to avoid the
variance.
Mr. Hickok stated that is was as close to the lot line as it can be.
Mayor 7orgenson stated that she was having a really hard time with the impact this would have on
the residential neighborhood and also with rezoning property that is R-3 to C-2, because there is
so little of that kind of property left.
Mr. Brian Bona, the petitioner, stated that he was brought up in the service station business. His
father started an operation in Columbia Heights right across from the fire station which still e�sts
today. Mr. Bona now runs this business. It is a six bay auto repair with six mechanics. They do
not advertise, and the business is built on trust and word of mouth which spans three generations.
His children are now stepping in to help out. That is what inspired him to expand into Fridley.
He wanted something very similar to what he has in Columbia Heights. He felt he would be very
friendly to the City of Fridley. His Amoco station was a rather beat up operation which he is
slowly recovering right now with renovations. Amoco does own the building. Mr. Bona is the
leasee so he has limitations to what he can do.
Mr. Bona stated that he would like something reminiscent of what you would see on Grand
Avenue, or downtown Stillwater, with a traditional look creating some pizzazz. He has taken the
neighbors opinion into consideration with their view of not wanting the overhead doors facing
them. There are no protesters to Mr. Bona's plan. The neighbors are concerned about having the
parking lot facing them also. He wants to run a clean operation. He has tried to clean things up
by mowing the highway grass and weed whacking every two weeks. He has scheduled litter pick-
up along the highway. He tries to appeal to a good clientele of folks by playing piano music over
the gas pumps to hopefully shun away the people with their boom boxes turned up full volume.
He felt he was achieving the storefront appeal with his architecture and landscaping. The berming
would soften that blow.
Councilmember Wolfe asked if the garage doors on Mr. Bona's proposed plan are facing the
residents.
Mr. Bona stated that the garage doors would be facing University Avenue.
Mr. Bona stated that the building design would include the old fashioned kind of a brick that you
would see on the Stillwater buildings. The lintel that goes across the top would be like an off-
white molding type of lintel to give more architectural appeal. The front of the storefront would
be more like recessed wood you would see at Barnes and Noble bookstore painted probably in
theme type of scenes. The signage would probably be black signs with gold lettering, not
something that would stand out. They do not paint things on their windows. They are sensitive
FRIDLEY CITY COUNCIL MEETING OF OCTOBER 11, 1999 PAGE 25
to the neighbors concerns at their present service station.
Mayor Jorgenson stated that she heard or read that there may have been some objection from one
of the neighbors.
Mr. Hickok stated that there was no submitted objection for the record, but he does think there
was a discussion earlier about the trucks parking on the property. He has not received any
petitions.
Mr. Bona stated that one neighbor started a petition about parking trucks on the property, and he
did receive one signature from a neighbor who has since apologized to Mr. Bona for signing the
petition.
Mayor Jorgenson asked if there was a building on this property that suffered from a fire.
Mr. Bona stated that it was Minnesota Petroleum.
Mayor Jorgenson asked if the property at the time Minnesota Petroleum was there was zoned C-2
and then rezoned to R-3.
Mr. Hickok stated that Minnesota Petroleum was on the site that is now the quick lube site. The
R-3 was undeveloped, and the building was considerably smaller.
MOTION by Councilmember Billings, seconded by Councilmember Bolkcom to close the public
hearing.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR JORGENSON DECLARED THE
PUBLIC HEARING WAS CLOSED AT 10:15 P.M.
NEW BUSINESS:
21. FIRST READING OF AN ORDINANCE TO AMEND THE CITY CODE OF THE
CITY OF FRIDLEY, MINNESOTA, BY MAKING A CHANGE IN ZONING
DISTRICTS(REZONINGREQUEST,ZOA #99-04, BY BRIAN AND JACQUELINE
BONA) (WARD 1):
MOTION by Councilmember Billings to table item 21 until after discussion of item 22. Seconded
by Councilmember Barnette.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR JORGENSON DECLARED THE
MOTION CARRIED UNANIMOUSLY.
Need discussion.
22. SPECIAL USE PERMIT, SP #99-09, BY BRIAN AND JACQUELINE BONA, TO
ALLOW A PROPOSED AUTO REPAIR FACILITY IN THE CURRENT C-2,
FRIDLEY CITY COUNCIL MEETING OF OCTOBER 11, 1999 PAGE 26
GENERAL BUSINESS DISTRICT, GENERALLY LOCATED AT 5333
UNIVERSITY AVENUE N.E.(WARD 1):
Mr. Hickok, Planning Coordinator, stated that this request was related to the same item as
discussed previously. Auto repair is listed as a special use permit opportunity in the C-2 district,
and compatibility with adjacent uses is key in the review for special use permits. The City must
consider the nature of the neighboring building and land, effects on traffic, noise created by the
use, and other impacts on surrounding properties. The code is very specific about minimal criteria
required for special use for repair facilities. In addition to the minimum criteria, staff
recommended approval with stipulations. The Planning Commission heard the stipulations and
recommended approval with those stipulations plus four more stipulations. Stipulation No. 8 to
have the building with the doors facing University Avenue. Staff recommended that Council's
approve the original thirteen stipulations with nine more: 1) The site plan shall be submitted and
approved by Staff prior to issuance of the building permit. Site plan shall reflect building position
that eliminates all variances and places all overhead doors facing east; 2) Staff recommends the
following stipulation so that in the event the variances are all denied, the stipulations from the
variances are still valid, and should be then approved with the special use permit; 3) No outward
display of inerchandise is to be permitted on the site; 4) To insure adequate circulation for fire,
police and snowplows, the petitioner shall dedicate the street easement and connect the pre-
established alley to the University Avenue service road cul-de-sac, final design to be approved by
Staff; 5) All fencing shall be located entirely on the petitioner's own property; 6) Parking area
shall be screened from the right-of-way by combination of berms, and plantings of at least three
feet in height; 7) Code required five foot sidewalk easement shall be granted along the entire west
edge of the property; 8) The petitioner shall comply with all County, State, and Federal
regulations regarding the disposals of batteries and other materials; 9) Staff recommends that the
entire package of stipulations go along with the first thirteen stipulations to insure building
location and elimination of variances;
Councilmember Billings asked Mr. Hickok if the petitioner would have to pay for the alleyway as
stipulated in Stipulation No. 13.
Mr. Hickok stated that was correct, and it seemed to be an issue for the petitioner in the previous
discussion.
Councilmember Billings asked Mr. Hickok if staff was saying that if sound was an issue then the
special use permit should not be granted at all.
Mr. Hickok stated that was correct.
Councilmember Billings asked Mr. Hickok if the neighbors on the west side of University Avenue
would get the benefit of increased sound in the doors faced University Avenue. If the doors face
the east, then the neighboring residents to the east would get the benefit of increased sound. He
asked if it is staff's contention that the neighbors would help police the sound problem.
Mr. Hickok stated that was correct.
FRIDLEY CITY COUNCIL MEETING OF OCTOBER 11, 1999 PAGE 27
Councilmember Billings asked Mr. Hickok if the site plan requires a fence along the east side of
the property line and how tall will the garage doors be.
Mr. Hickok stated that the fence needed to be eight feet high, and the commercial garage door
like this would be 10 to 12 feet in height or higher depending on the service.
Councilmember Billings stated that there was some discussion of tree removal at the Appeals
Commission.
Mr. Hickok stated that staff received complaints from an adjacent property owner that the trees
that once screened their view of University Avenue had been removed. After further
investigation, it was apparent that a number of significant trees had been removed from the area
along the cul-de-sac and the fence line on the petitioner's property and the public right-of-way.
Councilmember Billings asked Mr. Hickok if there was a request to install a new pedestal sign at
the service station after the petitioner took over management of the service station.
Mr. Hickok stated that there was discussion of the sign on the site, and the sign was contrary to
the building code requirements. The sign then did appear on the site, and they were asked to take
it down.
Mr. Bona stated that the sign was a reader board type sign, and he did not ask for permission. He
just put it up and used it for three weeks. Mr. Hickok called and told him it was not allowed. So
he took it down in a matter of days.
Councilmember Billings stated that someone was talking to Community Development and was
told that the sign would not be permitted.
Mr. Bona stated that did not happen. He put the sign up himself. Regarding the trees, Mr. Bona
thought he was doing a good thing by cutting them down because one tree was partly dead, and
the others were swampy looking trees of little value. The flowering crabs were goofy, being
planted so close to the road on little mounds with railroad ties around. They were too large to be
transplanted, so they had to go.
Councilmember Billings asked Mr. Bona what he was proposing for the building where the doors
are not.
Mr. Bona stated that the whole front of the building would be the red school brick, and the sides
and the back would be concrete block painted very similar color to the natural brick Then, he
wanted to plant vines crawling up the wall for as natural a look as possible. He stated that he
visited all of the folks on the other side of University Avenue, and there were no complaints
regarding noise that e�sts with the e�sting Amoco. He felt that the garage repair noise gets
drowned out by the highway noise.
FRIDLEY CITY COUNCIL MEETING OF OCTOBER 11, 1999 PAGE 28
Councilmember Billings stated that he was contacted by a former Councilmember of Columbia
Heights and Columbia Heights City Manager who indicated that Mr. Bona was concerned about
the cost of the alley.
Mr. Bona stated that it seemed odd. He wanted to be fair, but he has no use for the alley. He felt
that in all fairness, each property owner should pay for half of it.
Councilmember Billings stated that it appeared as though all of the neighbors to the east actually
use the current service station property to gain access to their garages. That access would be
taken away with the fence.
Councilmember Billings asked Mr. Hickok if the property to the east near SSt'` Avenue has a
garage in the alley.
Mr. Hickok stated that one site illustration shows a garage in the alley. It is not a surveyed
illustration but it is a sketch of the alley and it is questionable. The survey submitted by a
registered surveyor for this property shows that same garage sitting very close to the edge of the
line but not over the line. In this survey it does show there is a concrete pad that serves the
garage in the alley and the rest of the concrete crosses that alley. The surveyor has indicated that
it is very close but just outside the alley.
Councilmember Billings asked Mr. Flora how wide of an alley they need to do snowplowing.
Mr. Flora stated that the alley would have to be 12 feet with storage of snow on the adjacent
property.
Councilmember Billings stated that they would have to construct a 12 foot driving surface and a
12 foot alley so there is no room for snow storage unless the garages are set back from the right-
of-way.
Mr. Hickok stated that the petitioner has indicated that the fence would be five feet back from the
property line to allow some space for snow storage.
Councilmember Billings stated that if the neighbors to the east need to pay for a portion of the
alley, they should know about it as soon as possible. There needs to be a public hearing and a
petition before assessment. He asked Mr. Hickok what the cost of putting an alley in was.
Mr. Hickok stated that his best estimation was that for a ballpark figure the cost would be $9,500.
Councilmember Billings asked Mr. Hickok how many adjacent property owners were on that east
side.
Mr. Hickok stated that there were seven property owners, and it looked like four use the alley for
sure.
FRIDLEY CITY COUNCIL MEETING OF OCTOBER 11, 1999 PAGE 29
Mayor Jorgenson stated that she was concerned with the type of building Mr. Bona proposed
with the brick and concrete block finishes.
Mr. Hickok stated that the City really does strive to get a four faced building with consistent
materials.
Mr. Bona asked if there were materials that he could use that were less costly than having four
sides of all brick.
Mr. Hickok stated that a combination of brick and rock-faced block would be less expensive, but
striving to get a four faced building so one side does not get less attention is important so it looks
balanced. He would encourage having the rock-faced banding in brick so that the neighbors
would have less of an eyesore.
Mayor Jorgenson stated that he would have to work with staff regarding the type of material he
would be using, especially because this is on the corridor.
Mr. Bona stated that he would have to agree with that.
Mayor Jorgenson asked if there was any more discussion on the way the doors would face.
Councilmember Billings stated that there was not any discussion on that. Maybe they could take
the discussion on the variances first and then do all of the motions at once. Staff recommendation
on Page 90 was predicated on whether or not they approve the variances. If Council does not
approve the variances then seven additional stipulations have to be included with the special use
permit. They are all tied together.
MOTION by Councilmember Billings to table Item 22 until Item 23 is discussed. Seconded by
Councilmember Bolkcom.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR JORGENSON DECLARED THE
MOTION CARRIED UNANIMOUSLY.
23. VARIANCE REQUEST, VAR#99-19, BY BRIAN BONA, TO ALLOW
AUTOMOTIVE REPAIR SERVICES, GENERALLY LOCATED AT 5333
UNIVERSITY AVENUE N.E.(WARD 1):
Mr. Hickok, Planning Coordinator, stated that the proposed garage is 4900 square feet in size
with an office and a customer waiting area, five service bays and two toilet areas. Originally,
there were six variances requested. The petitioner's summary of hardship is: "In order to screen
the neighbors from being adjacent to the parking lot, and subjecting them to lights and noise and
the related service station parking lot problems the building was moved east."
The Appeals Commission action stated that the variance request and stipulations which were
approved by the Appeals Commission by a three to two vote was to reduce the required setback
FRIDLEY CITY COUNCIL MEETING OF OCTOBER 11, 1999 PAGE 30
from the residential area to the east from 50 feet to 30 feet. Staff had no recommendation on this
request since it was within previously granted dimensions. However, staff identified a way to
relocate the building that would eliminate the variances as well. In meeting with the petitioner
and his architect, staff suggested eliminating as many variances as possible. Staff also strongly
encouraged the petitioner and his architect to explore the possibility of changing the building
layout to utilize an internal drive aisle to the service bays. An example of this is in Tires Plus.
Unfortunately, on the narrow Bona site, this does not work Staff recommended that if the
variance be granted with the following stipulations: 1) All necessary permits shall be obtained
prior to the start of construction; 2) All grading and drainage plans to be approved by staff prior
to the issuance of building permits; 3) A landscaping plan meeting all code requirements, plus an
additional 6 large (4 inch caliper) trees to compensate for trees removed from the ROW by the
petitioner, shall be approved by staff prior to the issuance of a building permit. Bonding
requirement, to ensure the installation of landscaping, shall be met as required by code; 4) No
outdoor storage or displays to be permitted on this site; 5) Site shall not be used to display cars
for sale or storage of trucks for rent; 6) Alleyway east of property shall be restored and paved
prior to issuance of building permits. Owner shall be responsible for installation of the alleyway,
but not future maintenance; 7) To ensure adequate circulation for fire, police, and snow plows,
petitioner shall dedicate a street easement and connect re-established alleyway to the University
Avenue Service Road. Final design and layout to be approved by staff; 8) Variances granted shall
become null and void should SP#99-09 or ZOA #99-04 fail to be granted; 9) All fencing to be
located entirely upon petitioners own property; 10) Any lighting on east side of building shall be
downcast and shielded to minimize impact on neighboring residential area; 11) The number of
overhead doors facing University Avenue shall be limited to the e�tent possible. West elevation
of building shall be approved by staff prior to the issuance of building permits. Overhead doors
facing University Avenue shall have their impacts mitigated through architectural treatment, such
as, recessed openings, full glass doors, and landscaping; 12) Parking are to be screened from the
ROW by a combination of berms and continuous plantings of at least 3 feet in height; 13) Code
required 5 foot sidewalk easement shall be granted along the entire west edge of the property; and
14) Petitioner comply with all County, State, and Federal regulations, regarding disposal of fluids,
batteries, and other materials.
Councilmember Billings asked if they were down to one variance being the recommendation from
the Appeals Commission, and if it was staff's recommendation to have the doors facing east
instead of west so the building would not require any variances.
Mr. Hickok stated that was correct.
Councilmember Bolkcom stated that she can not see putting the doors facing the neighborhood.
She thinks it is a nice looking building to face University Avenue. It may not be that noisy, but
she was not sure about what kind of noise would impact University Avenue.
Mr. Hickok stated that the noise would be the pneumatic tools. The doors always being closed
could be a stipulation to be considered. The petitioner said that it has economic impacts with the
doors closed from a climate control perspective but if Council feels that is an appropriate solution
it could be a stipulation.
FRIDLEY CITY COUNCIL MEETING OF OCTOBER 11, 1999 PAGE 31
FRIDLEY CITY COUNCIL MEETING OF OCTOBER 11, 1999 PAGE 32
Councilmember Bolkcom asked Mr. Bona if he thought the building would look classier with the
doors closed.
Ms. Bona stated that she lives across from the service station and is home during the day when
the doors are open. It is very rare that she hears the noise, but with the windows shut and the air-
conditioning on she can never hear it. She can hear fire trucks, but she very rarely hears anything
from the service station. The traffic drowns it out.
Councilmember Bolkcom asked if maybe they are just used to the noise, but it may be noisier than
they think for the neighbors.
Councilmember Wolfe stated that it seems the loudest noise is when the mechanics take tires off
which usually only takes thirty seconds.
Mr. Bona stated that the noise is funneled internally and probably would not funnel out the door.
He does not know of any other auto repair that uses air-conditioning due to the cost.
Mayor 7orgenson stated that she would rather see the doors facing University Avenue than to the
east. She can imagine how the neighbors would feel with those doors facing them but still has
concerns about the impact it would have on University Avenue. She stated that she loves what
Mr. Bona is proposing but felt it would be too much for the space of the lot. She lives 200 yards
away from a gas station by her house, and she hears the noise. She was concerned with the
reduction of property in the City that could be used for single family homes.
Councilmember Barnette stated he was in favor of the doors facing University Avenue as well.
The noise was not a factor for him.
Councilmember Billings stated that it appeared as though the consensus of the City Council would
like to see the doors facing University Avenue, which requires the variance to move the building
to the east side of the lot. He wondered what the hardship, as defined by state statute, would be
in this particular case.
Mayor Jorgenson stated that she does not see a hardship except that the lot is too narrow to
accommodate the building. She felt the proposal was beautiful, but she did not know if this
building would fit on the site.
Councilmember Billings stated that if the doors faced University Avenue then a variance would
need to be approved.
Councilmember Wolfe stated that the business would be closed in the evening when many people
are home. He felt it was a good looking building and a great plan for that area.
Councilmember Bolkcom stated that she would go along with it as long as the doors are closed.
Councilmember Barnette asked if there was a problem with the exhaust with the doors closed.
FRIDLEY CITY COUNCIL MEETING OF OCTOBER 11, 1999 PAGE 33
Mr. Bona stated that that is not an issue. Air conditioning would not work with the car engines
running and the radiators radiating heat. The quick lube bays would be closed with air
conditioning, but those engines are not running when they are being worked on. He said he is
committed to image and would do everything he could to make the place look nice and
respectable.
Mr. Bona stated that he was not opposed to the alley. It would increase the price, but if it kept
peace among the neighbors he would be agreeable to it.
MOTION by Councilmember Billings, seconded by Councilmember Bolkcom, to approve
Variance #99-19 that deals with Section 205.14.03.C.(4) to reduce the setback from adjacent
residential district on the east side from 50 feet to 30 feet with the fourteen stipulations as
follows: 1) All necessary permits shall be obtained prior to the start of construction; 2) All
grading and drainage plans to be approved by City Staff prior to the issuance of building permits.
A landscaping plan meeting all code requirements, plus an additional six large (4 feet caliper trees
to compensate for trees removed from the right-of -way by the petitioner, shall be approved by
City Staff prior to the issuance of a building permit. Bonding requirement, to ensure the
installation of landscaping, shall be met as required by Code; 3) No outdoor storage or displays to
be permitted on this site; 4) Site shall not be used to display cars for sale or storage of trucks for
rent; 5) Alleyway east of property shall be restored and paved prior to issuance of building
permits; 6) To ensure adequate circulation for fire, police, and snow plows, petitioner shall
dedicate a street easement and connect re-established alleyway to the University Avenue Service
Road. Final design and layout to be approved by City Staff; 7) Variances granted shall become
null and void should SP #99-09 or ZOA #99-04 fail to be granted; 8) All fencing to be located
entirely upon petitioners own property; 9) Any lighting on East side of building shall be downcast
and shielded to minimize the impact on neighboring residential area; 10) The number of overhead
doors facing University Avenue shall be limited to the e�tent possible. West elevation of building
shall be approved by staff prior to the issuance of building permits. Overhead doors facing
University Avenue shall have their impacts mitigated through architectural treatment, such as,
recessed openings, full glass doors, and landscaping; 11) Parking are to be screened from the
right-of-way by a combination of berms and continuous plantings of at least 3 feet in height; 12)
Code required five feet sidewalk easement shall be granted along the entire west edge of the
property; and 13) Petitioner comply with all County, State, and Federal regulations, regarding
disposal of fluids, batteries, and other materials.
UPON A VOICE VOTE, COUNCILMEMBERS BOLKCOM, WOLFE AND BARNETTE
VOTING AYE, MAYOR JORGENSON AND COUNCILMEMBER BILLINGS VOTING
NAY, MAYOR JORGENSON DECLARED THE MOTION CARRIED THREE TO
TWO.
22. SPECIAL USE PERMIT, SP #99-09, BY BRIAN AND JACQUELINE BONA, TO
ALLOW A PROPOSED AUTO REPAIR FACILITY IN THE CURRENT C-2,
GENERAL BUSINESS DISTRICT, GENERALLY LOCATED AT 5333
UNIVERSITY AVENUE N.E. (WARD 1):
FRIDLEY CITY COUNCIL MEETING OF OCTOBER 11, 1999 PAGE 34
FRIDLEY CITY COUNCIL MEETING OF OCTOBER 11, 1999 PAGE 35
MOTION by Councilmember Billings to remove Item number 22 from the table. Seconded by
Councilmember Bolkcom.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR JORGENSON DECLARED THE
MOTION CARRIED UNANIMOUSLY.
MOTION by Councilmember Billings to approve Special Use Permit, SP #99-09 with the
stipulations as follows (stipulation eight restated). Seconded by Councilmember Barnette with the
following stipulations: 1) The special use permit for an automobile service station is only for the
uses noted in the definition; 2) The use shall not provide for the outdoor operation of lubrication
equipment, hydraulic lifts or service pits; or the outdoor display of inerchandise; 3) The property
shall not be used as a place of storage or depository of wrecked, abandoned or junked motor
vehicles or the display of used motor vehicles or the display of new motor vehicles; 4) All
required buffer or screening area shall be so constructed as to obstruct headlight beams of motor
vehicles or the display of used motor vehicles or the display of new motor vehicles; 5) All
required buffer or screening area shall be so constructed as to obstruct headlight beams of motor
vehicles on the station property from beaming into adjacent residential properties; 6) A landscape
plan will be required to be submitted and approved by staff prior to issuance of a building permit;
7) The petitioner's proposal shall not include, nor shall the petitioner, his successors or heirs all
prohibited activities on this site. (i.e. heavy duty repair garages); 8) The site plan shall be
submitted and approved by staff prior to issuance of a building permit. Said site plan shall reflect
a building position that eliminates all variances and places all overhead doors facing University
Avenue; 9) The site plan for this proposal shall be submitted and approved prior to issuance of a
building permit leaving the service doors facing University Avenue; 10) A site lighting plan shall
be submitted and approved prior to issuance of a building permit; 11) The property owner shall
obtain all necessary building permits prior to construction; 12) A landscaping plan meeting all
code requirements, plus an additional six large (4 feet caliper or greater as measured six feet
above grade) trees shall be added to compensate for trees removed from public right of way. Plan
shall be approved by staff prior to issuance of the building permit. A bonding requirement will
ensure the landscaping will meet building code; and 13) The alleyway east of the property shall be
restored and paved prior to issuance of building permits.
Councilmember Billings stated that a fourteenth stipulation should be added regarding the other
three sides of the buildings or whether the garage doors should be open or closed.
MOTION by Councilmember Billings, seconded by Councilmember Bolkcom, to add a fourteenth
stipulation as follows: The materials used in construction on all four sides of the building shall be
approved by staff prior to issuance of the building permits.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR JORGENSON DECLARED THE
MOTION CARRIED UNANIMOUSLY.
23. FIRST READING OF AN ORDINANCE TO AMEND THE CITY CODE OF THE
CITY OF FRIDLEY, MINNESOTA, BY MAKING A CHANGE IN ZONING
FRIDLEY CITY COUNCIL MEETING OF OCTOBER 11, 1999 PAGE 36
DISTRICTS (REZONING REQUEST,ZOA #99-04, BY BRIAN AND
JACQUELINE BONA):
MOTION by Councilmember Bolkcom to remove Item number 21 from the table. Seconded by
Councilmember Wolfe.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR JORGENSON DECLARED THE
MOTION CARRIED UNANIMOUSLY.
MOTION by Councilmember Billings, seconded by Councilmember Bolkcom, to approve ZOA
#99-04, with the stipulation as follows: 1) The parcel shall be combined with the parcel of the
south as one parcel.
UPON A VOICE VOTE, ALL VOTING AYE, COUNCILMEMBERS BILLINGS,
BOLKCOM, WOLFE, AND BARNETTE VOTING AYE, MAYOR JORGENSON
VOTING NAY, MAYOR JORGENSON DECLARED THE MOTION CARRIED FOUR
TO ONE.
24. RESOLUTION NO. 82-1999 ADOPTING ASSESSMENT FOR 1999 NUISANCE
ABATEMENT:
MOTION by Councilmember Bolkcom to approve the resolution adopting assessment for 1999
nuisance abatement. Seconded by Councilmember Billings.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR JORGENSON DECLARED THE
MOTION CARRIED UNANIMOUSLY.
25. RESOLUTION NO. 83-1999 ADOPTING ASSESSMENT FOR 1999 SERVICE
CONNECTION:
MOTION by Councilmember Billings to adopt the resolution adopting assessment for 1999
service connection. Seconded by Councilmember Bolkcom.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR JORGENSON DECLARED THE
MOTION CARRIED UNANIMOUSLY.
26. RESOLUTION ADOPTING ASSESSEMENT FOR 1999 WEED ABATEMENT:
MOTION by Councilmember Bolkcom to table the resolution adopting assessment for 1999 weed
abatement connection. Seconded by Councilmember Billings.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR JORGENSON DECLARED THE
MOTION CARRIED UNANIMOUSLY.
FRIDLEY CITY COUNCIL MEETING OF OCTOBER 11, 1999 PAGE 37
27. INFORMAL STATUS REPORTS:
Councilmember Bolkcom stated that the SOt'` Anniversary Wrap-up meeting is Wednesday
evening at 5:30 p.m. instead of Thursday.
Mr. Flora stated that the Riverview Heights Project will be completed in a couple of weeks. The
northern half of the west side of East River Road has not been completed yet.
Mr. Pribyl stated that the new liquor store construction was coming along nicely.
Councilmember Bolkcom stated that the Ecumenical Service was nice, but not well attended.
ADJOURNMENT:
MOTION by Councilmember Barnette to adjourn the October 11, 1999 City Council meeting.
Seconded by Councilmember Wolfe
UPON A VOICE VOTE, ALL MEMBERS VOTING AYE, MAYOR JORGENSON
DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE MEETING WAS
ADJOURNED AT 11:45 P.M.
Respectfully submitted,
Signe L. Johnson Nancy J. Jorgenson
Recording Secretary Mayor