03/29/2004 - 00026505CITY OF FRIDLEY
CITY COUNCIL MEETING MINUTES
MARCH 29, 2004
The regular meeting of the Fridley City Council was called to order by Mayor Lund at
7:30 p.m.
PLEDGE OF ALLEGIANCE:
Mayor Lund led the Council and audience in the Pledge of Allegiance to the Flag.
ROLL CALL:
MEMBERS PRESENT: Mayor Lund, Councilmember Barnette, Councilmember
Billings, Councilmember Wolfe, and Councilmember
Bolkcom.
MEMBERS ABSENT: None
APPROVAL OF PROPOSED CONSENT AGENDA:
APPROVAL OF MINUTES:
City Council Meeting of February 23, 2004.
City Council Meeting of March 8, 2004.
APPROVED.
OLD BUSINESS:
1. Ordinance No. 1191 amending Chapter 402, Water and Sewer
Administration of the Fridley City Code (Tabled March 8, 2004).
Mr. Burns, City Manager, explained the amendment includes three main changes:
a. It provides that the property owner is responsible for the portion of the water
and sewer services that lies between the property line and the main.
b. It replaces water meter purchases by a new customer with a set-up fee.
c. It establishes that the City will install an Automated Meter Reading device for
customers who have neglected to send in their meter readings for four
consecutive quarters. If we are not permitted in the house to install the new
meter, the property owner will be assessed a$50/month penalty until such
time as we are permitted entry.
FRIDLEY CITY COUNCIL MEETING MINUTES OF MARCH 29, 2004 PAGE 2
Staff recommends approval of the second and final reading.
WAIVED THE READING AND ADOPTED ORDINANCE NO. 1192 ON THE SECOND
READING AND ORDERED PUBLICATION.
2. Special Use Permit Request, SP #04-02 by Kevin and Paulette Holman to
construct a detached garage in the rear yard which is located in a Flood
Fringe District, generally located at 571 — 79t" Way NE (Ward 3).
Mr. Burns, City Manager, explained that there had been some question regarding
the minutes for this particular matter. Motions will be made later in the meeting
to address those issues.
THIS ITEM WAS REMOVED FOR THE COUNCIL MEETING AGENDA.
3. Resolution 2004-26 rescheduling a public hearing to amend Section 7.02 of
the Fridley City Charter by Ordinance.
Mr. Burns, City Manager, said the public hearing notice for this item was not
posted as required by law. Staff recommends that the public hearing be
rescheduled for April 12, 2004.
ADOPTED RESOLUTION NO. 2004-26.
NEW BUSINESS:
4. Receive the minutes of the Planning Commission meeting of March 3, 2004.
RECEIVED.
5. Special Use Permit Request, SP #04-03, by Menard Inc., to allow for the
relocation of their yard entrance, generally located at 5351 Central Avenue
NE (Ward 1).
Mr. Burns, City Manager, explained that Menards would like to move their yard entrance
from the south side to the north side of their building. The action before the Council is
to replace a Special Use Permit granted in 1996. The Planning Commission approved
the new Special Use Permit at their March 3 meeting. Staff recommends Council's
approval with 18 stipulations.
APPROVED SPECIAL USE PERMIT REQUEST, SP #04-03, BY MENARD INC.,
WITH THE FOLLOWING EIGHTEEN STIPULATIONS: 1. PROPOSED ENTRANCE
BUILDING SHALL COMPLY WITH ALL STATE BUILDING AND FIRE CODE
REQUIREMENTS; 2. FENCE INSTALLED BETWEEN THE MENARDS BUILDING
AND THE SKYWOOD MALL SHALL HAVE A GATE INSTALLED AND MEET THE
FRIDLEY CITY CODE CHAPTER 108.11.3; 3. THE PETITIONER SHALL OBTAIN
FRIDLEY CITY COUNCIL MEETING MINUTES OF MARCH 29, 2004 PAGE 3
ANY REQUIRED PERMITS PRIOR TO THE START OF CONSTRUCTION; 4. THE
PETITIONER SHALL MEET ACESSIBLE PARKING REQUIREMENTS AND
IDENTIFY STALLS; 5. THE PROPOSED ENTRANCE BUILDING SHALL BE
ARCHITECTURALLY COMPATIBLE WITH THE EXISTING MENARD'S BUILDING
AND FINISHED WITH COMPLEMENTARY SIDING AND COLOR SCHEME; 6.
PROPOSED LANDSCAPING ALONG THE NORTHERN PROPERTY LINE SHALL
BE REVIEWED AND APPROVED BY CITY STAFF PRIOR TO ISSUANCE OF A
BUILDING PERMIT; 7. ALL LIGHT FIXTURES SHALL BE OF A DOWNCAST
DESIGN AND SHALL NOT CREATE A HORIZONTAL GLARE; 8. NO MATERIALS
SHALL BE SOTRED IN A MANNER THAT ALLOWS THEM TO BE VIEWED FROM A
VANTAGE POINT OUTSIDE THE FENCED AREA OR VIEWED FROM THE PUBLIC
RIGHT-OF-WAY; 9. THE FENCE ENCLOSURE SHALL BE PROPERLY
MAINTAINED AND KEPT IN GOO DREPAIR; 10. THERE SHALL BE NO OUTDOOR
SALES OF FERTILIZER, PESTICIDES, OR OTHER POTENTIAL POLLUTANTS; 11.
EMERGENCY ACCESS KNOCK DOWN PANELS SHALL BE INCORPORATED INTO
THE REAR YARD AREA FOR EMERGENCY PURPOSES; 12. ALL EMERGENCY
ACCESS ROUTES SHALL BE KEPT FREE FROM MATERIALS, DISPLAY AND
CLUTTER THAT WILL BLOCK OR DETER THE SAFE PASSAGE OF EMERGENCY
VEHICLES; 13. ALL INTERCOM DEVICES SHALL BE UTILIZED IN A MANNER AND
AT A VOLUME THAT DOES NOT NEGATIVELY IMPACT ADJACENT PROPERTIES;
14. ACCESS INTO AND OUT OF THE STORAGE AREA SHALL BE CLEARLY
MARKED FOR CUSTOMER CLARITY; 15. THE PROPERTY SHALL BE KEPT FREE
OF ALL DEBRIS; 16. OUTDOOR STORAGE SHALL BE LIMITED TO LUMBER AND
ASSOCIATED BUILDING MATERIALS. ANY SALES OF RECREATIONAL
VEHICLES, BOATS, MARINE EQUIPMENT AND MANUFACTURED HOMES SHALL
REQUIRE OFFICIAL REVIEW BY CITY STAFF, THE PLANNING COMMISSION AND
APPROVAL BY THE CITY COUNCIL; 17. ALL LANDSCAPING SHALL HAVE
IRRIGATION INSTALLED; 18. UPON RENOVATION OF THE SKYWOOD MALL, ALL
CONSTRUCTION DUMPSTERS SHALL BE REMOVED FROM THE SITE.
6. Receive bids and award contract for the 2004 Street Improvement Project
No. ST. 2004-1.
Mr. Burns, City Manager, stated bids for this project were accepted on March 24, 2004.
The low bidder was Northwest Asphalt of Shakopee, Minnesota, in the amount of
$392,745.99. The bid is considerably less than the $600,000 anticipated in the 2004
General Capital Improvements Plan. Staff recommends the award of the bid to
Northwest Asphalt, Inc.
RECEIVED BIDS AND AWARDED CONTRACT FOR THE 2004 STREET
IMPROVEMENT PROJECT NO. ST. 2004-1 TO NORTHWEST ASPHALT, INC. IN
THE AMOUNT OF $392,745.99.
7. Receive bids and award contract for the 2004 Miscellaneous Concrete
Repair Project No. 355.
FRIDLEY CITY COUNCIL MEETING MINUTES OF MARCH 29, 2004 PAGE 4
Mr. Burns, City Manager, reported that bids were opened on March 17, 2004. The low
bidder is Ron Kassa Construction of Elko, Minnesota in the amount of $71,000. The
work includes remedial sidewalk repair, replacement of concrete street panels, and
repair and replacement of concrete curbing destroyed by utility repairs, and
reconstruction of driveway entrances. Staff recommends that the bid be awarded to
Ron Kassa Construction in the amount of $71,000.
RECEIVED BIDS AND AWARDED THE CONTRACT FOR THE 2004
MISCELLANEOUS CONCRETE REPAIR PROJECT NO. 355 TO RON KASSA
CONSTRUCTION IN THE AMOUNT OF $71,000.00.
8. Resolution No. 2004-27
ordering advertisement
Project No. ST. 2004-2.
receiving final plans and specifications and
for bids: Woodside Court Street Improvement
Mr. Burns, City Manager, explained that the City is constructing the extension of
Woodside Court as part of the Theilman plat that was approved last year. All costs will
be paid by the current developer, Jeffrey Cruz. Staff recommends Council's approval.
ADOPTED RESOLUTION NO. 2004-27.
9. Approve Change Order #1 for the 2004 sanitary and storm sewer lining
project.
Mr. Burns, City Manager, stated the City's contract for the 75t" Avenue sanitary sewer
lining project is suggesting we line the entire 638 feet of 36 inch sanitary sewer line on
75t" Avenue rather than do a combination of joint sealing and lining as previously
planned. The Public Works Director recommends we spend an additional $24,505 to
make this change. The continuous lining is being offered at a good price and will
provide a smoother interior and more permanent solution. Staff recommends Council's
approval of the change order.
10. Approve amendment to License Agreement between the City of Fridley and
Joseph and Linda Nelson, 1357 — 64t" Avenue NE (Ward 2).
Mr. Burns, City Manager, stated in 1997, the City approved a license agreement with
the Nelsons that allows them to install and maintain an irrigation system and driveway
that encroaches on a City easement. The attorney representing the Nelsons in their
negotiations to sell their property has found a discrepancy in the legal description of the
easement which clouds the title to the property. The motion before Council corrects that
legal description. Staff recommends Council's approval.
APPROVED AMENDMENT TO LICENSE AGREEMENT BETWEEN THE CITY OF
FRIDLEY AND JOSEPH AND LINDA NELSON.
FRIDLEY CITY COUNCIL MEETING MINUTES OF MARCH 29, 2004 PAGE 5
11. Approve joint powers agreement for the 2004 purchase of Self Contained
Breathing Apparatus (SCBA).
Mr. Burns, City Manager, explained that Fridley will be joining Columbia Heights, Anoka
and Champlain in bidding SCBAs in 2004. Since state law requires that cooperative
bidding be supported by a joint powers agreement, the four cities are asking their
respective Councils to approve the joint powers agreement. Staff recommends
Council's approval.
APPROVED JOINT POWERS AGREEMENT FOR THE 2004 PURCHASE OF SELF
CONTAINED BREATHING APPARATUS (SCBA).
12. Approve North Suburban Regional Mutual Aid Association Mutual Aid
Agreement.
Mr. Burns, City Manager, stated this agreement allows fire departments in the area to
respond to mutual aid in other cities. The agreement before the Council allows those
cities to charge for service in excess of ten hours and to request FEMA reimbursement
for costs associated with a major incident in one of the member cities. Staff
recommends Council's approval.
APPROVED NORTH SUBURBAN REGIONAL MUTUAL AID ASSOCIATION
MUTUAL AID AGREEMENT.
13. Resolution No. 2004-28 in support of an application for a Minnesota Lawful
Gambling Premise Permit for Blaine Jaycees (Fridley Crab House Music
Cafe) (Ward 2).
Mr. Burns, City Manager, explained that the renewal begins on July 1, 2004 and
extends to June 30, 2006. Staff recommends Council's approval.
ADOPTED RESOLUTION NO. 2004-28.
14. Approve 2004 reappointments to City Commissions.
Mr. Burns, City Manager, stated that terms for the various commissions expire on April
1, 2004. These include the terms of Leroy Oquist and Dean Saba on the Planning
Commission; Blaline Jones on the Appeals Commission; Larry Commers, Chair of the
Fridley HRA; Michelle Maher of the EQEC; Barbara Johns, Chair of the EQEC, and Tim
Solberg of the Parks and Recreation Commission. Dean Saba, Blaine Jones, Tim
Solberg, Leroy Oquist, Larry Commers, and Barbara Johns wished to be reappointed.
Michelle Maher does not want to be reappointed to the EQEC and Dick Young is retiring
from the Parks and Recreation Commission. Staff recommends the reappointment of
Dean Saba, LeRoy Oquist, Barbara Johns, Blaine Jones, Tim Solberg and Larry
Commers.
FRIDLEY CITY COUNCIL MEETING MINUTES OF MARCH 29, 2004 PAGE 6
APPROVED THE REAPPOINTMENT OF DEAN SABA, LEROY OQUIST, BARBARA
JOHNS, BLAINE JONES, TIM SOLBERG AND LARRY COMMERS.
15. Appointments — City Employees.
Mr. Burns, City Manager, explained that staff recommends the appointment of Jane
Oster to the position of Data Processing Clerk. Jane replaces Sandra Hara who was
recently promoted to the position of Utility Billing Clerk.
Staff is also recommending the appointment of Jeffrey Jensen as Streets Supervisor.
Jeff has worked for the City since November 1993. He replaces Ken Holmstrom who is
retiring.
Staff is also recommending the appointment of Don Abbott to the position of Director of
Public Safety. Since joining the Fridley Police Department, Don has progressed
through the ranks as Corporal, Sergeant and Captain. In addition, he founded the Law
Enforcement Memorial Association. Don replaces the retiring Dave Sallman as Public
Safety Director.
Staff recommends Council's approval of the appointments.
APPROVED THE APPOINTMENT OF JANE OSTER TO THE POSITION OF DATA
PROCESSING CLERK, JEFFREY JENSEN TO THE POSITION OF STREETS
SUPERVISOR, AND DON ABBOTT TO THE POSITION OF DIRECTOR OF PUBLIC
SAFETY.
16. Claims.
APPROVED CLAIM NOS. 115695 AND 115956.
17. Licenses.
APPROVED THE LICENSES AS SUBMITTED AND AS ON FILE.
18. Estimates.
APPROVED THE FOLLOWING ESTIMATE:
Hardrives, Inc.
11475 Quiram Drive
Rogers, MN 55374-9461
2003 Street Improvement Project
No. ST. 2003-1
Estimate No. 8 $23,703.19
FRIDLEY CITY COUNCIL MEETING MINUTES OF MARCH 29, 2004 PAGE 7
Councilmember Bolkcom requested an amendment to the March 8, 2004, Council
minutes. After the motion and the vote to remove SP #04-02 from the table, insert
"MOTION made by Councilmember Bolkcom, seconded by Councilmember Wolfe, to
approve Special Use Permit SP #04-02 with the stipulations. Upon a voice vote, all
voting aye, Mayor Lund declared the motion carried unanimously." She stated with this
change, Item No. 2 could be removed from the agenda.
MOTION by Councilmember Barnette, seconded by Councilmember Wolfe, to approve
the proposed consent agenda with the removal of Item No. 2.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION
CARRIED UNANIMOUSLY.
ADOPTION OF AGENDA
MOTION by Councilmember Barnette, seconded by Councilmember Bolkcom, to adopt
the agenda.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION
CARRIED UNANIMOUSLY.
OPEN FORUM: Consideration of items not on agenda — 15 minutes.
Tom Myhra, 6360 Able Street N.E., presented the City Council with five copies of a
book titled "Americas Thrillion Dollar Housing Failure" in which the author sites the
problems created by high density housing.
Don Anderson, 7304 West Circle N.E., thanked the City Council for approving the
Special Use Permit for Spring Lake Park Schools to allow the use of a private home for
a Life Skills Program.
Frank DeMello, 6134 Woody Lane N.E., asked Mayor Lund to impose a time limit on
those speaking on the Spring Valley Estates petition this evening.
PUBLIC HEARINGS:
19. Consideration of an ordinance under Section 12.06 of the city charter
declaring certain real estate to be surplus and authorizing the sale thereof,
generally located at the northwest corner of Ely Street and Ashton Avenue
(Ward 3).
MOTION by Councilmember Bolkcom, seconded by Councilmember Barnette to waive
the reading of the public hearing notice and open the public hearing.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION
CARRIED UNANIMOUSLY.
FRIDLEY CITY COUNCIL MEETING MINUTES OF MARCH 29, 2004 PAGE 8
Scott Hickok, Community Development Director, explained that in December, 2003, the
City Council authorized a lot split and land swap that created the lot on the corner of Ely
Street and Ashton Avenue. It was determined that the HRA should play a role in the
disposal of the property with the sale proceeds going to the City's general fund. An
appraisal of the property completed by Lake State Realty Services in January 2004
places the value of the property at $57,500. The lot is 107 feet wide and contains
12,840 square feet.
ORDINANCE
Mr. Hickok said the ordinance declares the lot as excess property and authorizes the
transfer of title necessary for the HRA to market and sell the property on behalf of the
City. The HRA will be accepting bids for the property and will award the winning bid in
June. The HRA will have any of their costs, associated with disposing of the property,
reimbursed through the sale proceeds.
STAFF RECOMMENDATION
Mr. Hickok stated staff recommends Council hold the public hearing to declare this
property excess and authorize the transfer of title to the City of Fridley Housing and
Redevelopment Authority. Disposing of this property will result in a new single-family
home and the resulting tax benefits.
Councilmember Bolkcom asked Mr. Hickok to explain why the HRA is involved in this
process.
Mr. Hickok replied that the HRA is the City's real estate authority. They handle real
estate transactions especially when they relate to single-family residential structures.
The HRA has a housing replacement program which allows the HRA to be involved with
the acquisition of properties. When they do sell property, they include stipulations to
make sure we get the type and quality of home that fits the area. The HRA is very good
at monitoring this program. Also, the HRA can capitalize the benefits of tax increment
generated by a new house on property they have sold.
Councilmember Bolkcom asked if the Council can impose stipulations on the type of
home to be built on the lot.
Mr. Hickok explained the HRA is very well versed in those issues and has a set of
standards to make sure a quality home is built.
MOTION by Councilmember Bolkcom, seconded by Councilmember Wolfe to close the
public hearing.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION
CARRIED UNANIMOUSLY.
FRIDLEY CITY COUNCIL MEETING MINUTES OF MARCH 29, 2004 PAGE 9
20. Consideration of an ordinance amending Fridley City Code, Section 205.07,
R-1 Single Family Dwelling District Regulations, and Section 205.08, R-2,
Two Family Dwelling District Regulations, and Section 205.09 R-3, General
Multiple Dwelling District Regulations, related to accessory uses (Zoning
Text Amendment, ZTA #04-01).
MOTION by Councilmember Barnette, seconded by Councilmember Bolkcom to waive
the reading of the public hearing notice and open the public hearing.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION
CARRIED UNANIMOUSLY.
Stacy Stromberg, City Planner, stated the City Code currently requires a resident to
obtain a special use permit prior to constructing a second garage on their property. The
Planning Commission and Council have approved all 26 special use permits submitted
over the past 5 years. All were approved with a fairly standard set of stipulations to
ensure compatibility with the existing home and surrounding environment. The City's
fee study indicates that the City's cost to bring an application through the special use
permit process is approximately $1,400. Special use permit fees high enough to cover
the City's cost, for what has become a routine approval, would deter residents from
building the structures needed to store vehicles and other homeowner goods indoors.
Staff has developed an ordinance to modify the code requirements in the R-1 district
thereby allowing second accessory buildings without a special use permit. Instead of a
special use permit, staff believes the same objectives could be accomplished by
building the standard stipulations of a second accessory structure special use permit
into the performance standards of the R-1 chapter of the zoning code. These same
standards will apply to single-family properties located in S-1, R-2, and R-3 zoning
districts. This change will take the cost of administering these special use permits from
the general public, and simplify the process for homeowners. On March 17, 2004, the
Planning Commission recommended approval of this zoning text amendment. The
motion carried unanimously.
STAFF RECOMMENDATION
Staff recommends that Council hold a public hearing for this ordinance and approve the
first reading of the ordinance to modify the code requirements for single family
properties, thereby allowing second accessory buildings without a special use permit.
MOTION by Councilmember Bolkcom, seconded by Councilmember Wolfe to insert an
amended copy of this ordinance.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION
CARRIED UNANIMOUSLY.
Councilmember Bolkcom asked about home occupation.
Mr. Hickok said home occupations are permitted in the districts named.
FRIDLEY CITY COUNCIL MEETING MINUTES OF MARCH 29, 2004 PAGE 10
Councilmember Bolkcom asked if there is some urgency to passing this matter tonight.
Mr. Hickok explained that the staff would like to see this amendment approved since we
are entering the time of year when people begin construction of accessory structures.
Also, staff would like this to coincide with the fees in Chapter 11.
MOTION by Councilmember Bolkcom, seconded by Councilmember Wolfe, to close the
public hearing.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION
CARRIED UNANIMOUSLY.
OLD BUSINESS
21. Ordinance No. 1192 amending Fridley City Code, Chapter 11, Fees (tabled
March 8, 2004).
MOTION by Councilmember Barnette, seconded by Councilmember Wolfe, to remove
this item from the table.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION
CARRIED UNANIMOUSLY.
Richard Pribyl, Finance Director, stated the first reading for this ordinance occurred on
February 23, 2004. At that meeting, a few items were identified as needing corrections.
The corrections have been made. A comment was made at that meeting regarding the
liquor licenses and the cost of enforcement. Staff will be reviewing the basis for the cost
of a liquor license with and without entertainment with the next fee study. As was stated
in the first reading, these changes are based on the fee study that was done last year.
The revenues associated with these changes were incorporated into the budge for
2004.
Councilmember Bolkcom questioned why some of the text is abbreviated. She asked
that all words be spelled out so there was no question as to the intent.
Mr. Pribyl responded that as we work through Chapter 11, those types of corrections will
be made.
Councilmember Bolkcom asked how soon a new fee study will be done.
Mr. Pribyl stated they expect to be reviewing the fees again this summer.
MOTION by Councilmember Bolkcom, seconded by Councilmember Wolfe, to approve
the second reading of the amendment to the Fridley City Code, Chapter 11, Fees with
the correction of the abbreviations.
FRIDLEY CITY COUNCIL MEETING MINUTES OF MARCH 29, 2004 PAGE 11
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION
CARRIED UNANIMOUSLY.
22. Ordinance No. 1193 creating a new chapter of the Fridley City Code setting
service charges for emergency response calls (tabled February 23, 2004).
MOTION by Councilmember Wolfe, seconded by Councilmember Billings, to remove
this matter from the table.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION
CARRIED UNANIMOUSLY.
John Berg, Fire Chief, stated at the City Council meeting on February 23, 2004, the
Finance and Fire Department staff were asked to review two particularly controversial
areas of the fee structure—personal injury accidents and vehicle fires. They contacted
the insurance company and found out that they do cover personal injury accidents
under the liability issues. They also looked at insurance in terms of comprehensive
versus liability and determined that in the case of vehicle fires they would probably be
creating more staff time in terms of vehicle fires. They decided to look at the issue of
vehicle fires, but have pulled it from the ordinance at this time. He also explained they
propose to continue with personal injury accident fees after surveying a number of local
fire departments that are currently doing this. The indication is that they can collect.
Vehicle owners are required to carry liability insurance and that most departments are
collecting between 80% to 90% of the fees that are charged. Staff recommends
adopting the ordinance with the exception of vehicle fires.
MOTION by Councilmember Bolkcom, seconded by Councilmember Wolfe, to waive the
second reading and adopt Ordinance No. 1193 on the second reading and order
publication.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND 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 districts (rezoning request, ZOA
#04-01, by John DeMello, Profitmax, Inc. (Ward 2) (Tabled March 8, 2004)
24. Preliminary Plat Request, PS #04-01, by John DeMello, Profitmax Inc., to
replat six parcels into two parcels for the purpose of constructing a senior
housing development and a retail complex, generally located at 1340 and
1314 Mississippi Street, 6421 and 6401 Central Avenue, 1341 and 1357 –
64t" Avenue, and two vacant lots, Lots 17 and 18, Block 1, Spring Valley
Addition (Ward 2) (Tabled March 8, 2004).
MOTION by Councilmember Wolfe, seconded by Councilmember Barnette, to remove
ZOA #04-01 and PS #04-01 from the table.
FRIDLEY CITY COUNCIL MEETING MINUTES OF MARCH 29, 2004 PAGE 12
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION
CARRIED UNANIMOUSLY.
Mayor Lund explained that the public hearing was closed at the March 8 meeting, but
because the petitioner has submitted a revised plan, he will allow remarks from
audience members.
Mr. Hickok, Community Development Director, reviewed the revised proposal explaining
that Profitmax is now proposing to create one new parcel from 1344 Mississippi Street,
1340 Mississippi Street, 6401 Central Avenue, 6421 Central Avenue, 6411 Central
Avenue (vacant), 6461 Central Avenue (vacant), 1341 64t" Avenue and 1357 64tn
Avenue. The original request was to create two new parcels. Mr. DeMello is also
requesting a rezoning for the east side of Central Avenue between Mississippi Street
and 64t" Avenue.
• Currently, there is a mixture of commercial and residential zonings and the
petitioner is seeking to rezone the entire block to S-2 Redevelopment District.
• On February 18, 2004, the Planning Commission recommended approval of
Plat Request, PS #04-01 (2 lots) and Rezoning Request, ZOA #04-01 and
subsequent master plan, with the 22 stipulations as presented. The motion
carried by a 6 to 1 vote.
• The City Council tabled action on the plat and rezoning at the March 8, 2004,
meeting. The Council directed staff to prepare a finding of fact based on their
concerns to deny the project as proposed.
• Since the March 8, 2004, City Council meeting, the petitioner has submitted a
revised site plan based on comments received from Anoka County and
concerns raised by neighboring property owners and the Council.
• The new master plan proposal contains one lot with one building. The new
building will include 13,750 square feet of retail space on the north side of the
ground floor and 90 owner-occupied senior condominium units located above
the retail and the remainder of the building.
• The development now has a 4-story element in the center but the curved
wings on the north and south ends have been dropped to 3 stories.
• The three story wings will be 35 feet in height and the four story center will be
45 feet in height.
• The retail portion square footage has been expanded by 330 square feet and
there is an addition of 19 senior condominium units.
• All building setback requirements are being met as if the building was
designed to meet the R-3 Multi-Family and C-2, General Business zoning
district requirements.
• The petitioner is meeting or exceeding all parking requirements. The entire
development both commercial and residential will be under single ownership.
• The parking garage for the complex will receive access from Mississippi and
64t" Avenue.
FRIDLEY CITY COUNCIL MEETING MINUTES OF MARCH 29, 2004 PAGE 13
• The petitioner has asked Traffic Data, Inc. to re-evaluate the previously
submitted traffic study to include the new access points and the additional
condominium units.
• The consultant determined that the revised plan will add minimal traffic
beyond the initial proposal.
• The change in the driveway configuration will improve the traffic flow on
Central Avenue by reducing the number of conflict points.
• There is enough capacity on both 64t" Avenue and at the Central Avenue and
64t" Avenue intersection to accommodate traffic from the proposed driveway
on 64t" Avenue.
• City staff and the petitioner met with Anoka County to review the comments
and concerns the County had and to review the revised site plan for Spring
Valley Estates. The County had concerns regarding too many access points
on Central Avenue and commented that they would prefer to see an access
on 64t" Avenue.
• To address those concerns, the developer has reduced the number of access
points on Central Avenue to one driveway and has redesigned the parking
garage so it receives access from Mississippi Street on the north and 64tn
Avenue on the south.
• The County has stated that they will accept the redesigned plan and will
permit access on Central Avenue as well as Mississippi Street.
• The County stated that currently there are no imminent plans for
reconstruction of either Central Avenue or Mississippi Street, nor are there
any plans to signalize the intersection.
• The County is pleased that this redesign has moved an access to 64tn
Avenue because it is very likely that whenever Central Avenue and
Mississippi Street are rebuilt, it would become a right in / right out, and 64tn
Avenue could possibly serve as a location for future median break or full
access location.
• The petitioner has a consultant who met with the Rice Creek Watershed
District on March 24, 2004.
• City staff received a notice of exemption from the Rice Creek Watershed on
March 25, 2004.
• The exception was approved as it appears that the wetland was incidentally
created and is not protected under the Wetland Conservation Act.
• Like the Town Center Development proposal, this master plan has been
modified to address concerns raised by the Planning Commission, City
Council, and the neighborhood.
• City staff recommends approval of the new site plan, the plat request, and the
rezoning request with the subsequent master plan, with 22 stipulations.
Councilmember Billings asked the City Attorney if there should be a motion to substitute
the one lot plat for the two lot plat originally submitted.
Mr. Knaak responded that would be the appropriate action to take.
FRIDLEY CITY COUNCIL MEETING MINUTES OF MARCH 29, 2004 PAGE 14
MOTION by Councilmember Billings, seconded by Councilmember Bolkcom to accept
the following items into the records: email from Dorothy Hollister, email and letter from
Jean and Mark Schwartz, letter from Jim and Donna Reisner, letter from Marvel
McNaughton, letter from Timothy M. Byrne; and letter from Barbara and Dennis
Edwards.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION
CARRIED UNANIMOUSLY.
MOTION by Councilmember Bolkcom, seconded by Councilmember Barnette to receive
an email from Randy Johnson.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION
CARRIED UNANIMOUSLY.
Petitioner John DeMello and Rick Harrison reviewed the revised proposal for this
development explaining their proposal fits the desires of the Fridley Comprehensive
Plan for senior housing. Mr. Harrison referred to the Gateway Town Homes stating that
there are 28 units on this site and the City was required to acquire the site, demolish the
buildings, modify streets, relocate existing utilities and install public improvements
through tax dollars. He also referred to two other developments where the City was
required to invest to make the site profitable. He pointed out that Spring Valley Estates
is 91 units for seniors and convenient retail and it would produce additional tax revenue.
Mr. Harrison explained how the Excelsior on Grand development induced surrounding
property owners to upgrade their sites. Redevelopment with character is an incentive
for others to emulate. Spring Valley Estates provides a social atmosphere for residents
that have two things in common: ownership of the property and maturity. Mr. Harrison
reviewed a history of Spring Valley Estate proposals explaining that the plan before the
Council tonight is the 14t" concept for this development. This final version puts
everything into one building which is far more expensive to construct. It combines the
retail space and the residential units into one building. Entrance locations have been
reviewed and approved by Anoka County. To address parking concerns, the retail
parking has been increased by 5% and the residential parking by 10%. They have 54
extra parking spaces beyond the R-3 zoning requirements (4 extra parking spaces
above and beyond the C-1 and C-2 zoning requirements.) As far as the building height,
to please the neighbors and Council, the ends of the building have been reduced to 3
stories which reduces the need for additional screening. The Rice Creek Watershed
District did approve the wetland for this site on March 25. The building meets or
exceeds all setback requirements but some of the overhangs will touch the setbacks.
They plan to have European-style outdoor patios for community gatherings to enhance
the neighborhood. A walk system, pedestrian trail and gazebo are being provided.
With respect to the architectural features, the roof pitch has been minimized, there will
be an Italian Villa theme, and additional landscaping features have been added. Each
villa will include a laundry within the home, balconies, purchaser upgrades, access to
on-site amenities such as a hobby room, craft room, card room, library, exercise room,
business center, guest room, meeting room, indoor car wash and retail. This proposal
FRIDLEY CITY COUNCIL MEETING MINUTES OF MARCH 29, 2004 PAGE 15
is for the mature Fridley residents, their families, and the future families of Fridley. He
said they requested approval of the proposal.
Councilmember Barnette asked about the building on 5t" Street in New Brighton and
how it compares to this proposal.
Mr. DeMello stated it is very similar with the entryway creating a grand entrance
appearance that works very well. That site does not have any commercial and they
believe the commercial in their proposal is a convenience for the senior residents.
Mayor Lund announced that even though the public hearing has been closed on this
matter, he would like to offer those present an opportunity to comment on the revised
proposal as long as they limit their remarks to three minutes.
Councilmember Bolkcom asked if the idea is to hear new comments only.
Mayor Lund asked the audience members to stick to the facts and to present new
comments only.
Dorothy Pejl, 1260 Mississippi Street, stated she has a background in real estate having
retired from HUD. She thought a complex like this would be a real benefit to the
neighborhood and would increase the value of surrounding properties.
Virgil Okeson, 1423 — 64t" Avenue N.E., stated there is an easement on 64t" Avenue for
a street that will run north parallel to Old Central Avenue. If a street is proposed through
that easement the east wall of the proposed structure would hang over the street.
There is another easement off of Arthur Street in the middle of the block going
westbound which could not proceed because of this development and would negatively
affect property owners. The comprehensive plan states the intent is to preserve the
single family units in Fridley. Redevelopment is approaching about 30% of Fridley.
This would be setting a dangerous precedent. He did not believe the driveway
approach from Mississippi Street complies with the setback requirements.
Jeff Saarela, 6190 Heather Circle N.E., stated he lives about a quarter mile south of this
proposal. He is in favor of development but he is opposed to the design for this
development. He thought it was mediocre and mindless. He thinks it would be much
better to turn the whole building facing to the south which would give more green space
to the residence. He stated that quality design brings long-term profits.
Doug Johnson, 6388 Pierce Street, stated he is not against the development but does
have reservations about the density. He would prefer to see 60 units rather than 90.
He asked if this type of proposal can proceed with a special use permit rather than
rezoning the property. If the developer does not proceed, the zoning would remain.
FRIDLEY CITY COUNCIL MEETING MINUTES OF MARCH 29, 2004 PAGE 16
Charlie Kocourek stated development is good and this site needs some improvement,
but he is opposed to intruding into the neighborhood. The current proposal is worse
because it involves an access onto 64t" Avenue.
Paula Baron, 6240 Rice Creek Drive, stated the development approved for the west
side of Central is more than enough for that area. To approve this proposal would
mean way too much development in a short time.
Walter Squier, 6701 Channel Road N.E., stated he has lived in Fridley since 1977. He
believes this proposal will be a big improvement and that there are many residents who
would enjoy living there. He does not believe the senior residents will impact the traffic
in a significant way.
Kurt Olson, 1385 64t" Avenue N.E., stated his opposition to the proposal. He asked if
Central Avenue does become divided, would that cause more traffic than has been
allotted for.
Ben Emertson, 6564 Pierce Street N.E. stated he has lived in Fridley for 42 years and
wondered if the Town Center development and this proposal were too much for this
small area.
Jennifer DeMello, 6134 Woody Lane N.E., stated the petitioner is her brother and
referred to a quote by Albert Einstein "The greatest spirits have gotten the most
opposition from mediocre minds." She is not suggesting that those opposed to this
proposal have mediocre minds, but she does believe they are choosing to see this
proposal from a rather narrow-minded perspective and not looking at the picture as a
whole. She understands that change is difficult, but it is inevitable. She stated John
DeMello has a vision for the older generation of Fridley. Their parents are getting to the
age where they will need a facility like this and they would like to keep them close.
Don Anderson, 7304 West Circle N.E., said he was in support of this proposal and
believed it would be a good place for seniors.
Andrea Olson, 1385 — 64t" Avenue N.E., stated the proposed building is so large she
will not be able to see much out of her yard. Dropping the building height on each end
does not solve the problem. The basement parking is in an area that will be bermed up.
She reminded the City Council that a petition with 330 signatures of those opposed to
the project was presented at the last meeting and now this plan is 27% larger. She
asked how many trips a day will be generated by 90 residential units. This new plan
also adds an access to 64t" Avenue. She asked Council to deny the project because it
was in the wrong neighborhood.
Mark Mattison, 6421 Central Avenue N. E., stated there is a 1 1/3 acre lot on the corner
of Mississippi and Old Central that is already zoned C-2. This zoning would allow a
Super America or a Quick Trip without any rezoning required. The C-1 zoning on a
portion of this property would allow novelty shops or tattoo shops and the neighbors
FRIDLEY CITY COUNCIL MEETING MINUTES OF MARCH 29, 2004 PAGE 17
could end up with a whole mix of things. This development is a nice proposal for the
whole City.
Mark Schwartz, 1372 — 64t" Avenue N.E., spoke in opposition to the proposed driveway
onto 64t" Avenue. This proposal has such a high coverage of the total square footage
of the land that the storm run-off is a concern. He understands that the rate of flow has
to be controlled from this site, but not the volume. He asked who will be responsible if
there are more problems with the storm system. The height of the building is not stated
correctly because the garage floor is approximately the same level as the curb on 64tn
Avenue. He does not believe the developer has met the burden of proof required to
rezone this property. This proposal creates spot zoning by placing a high density
housing unit next to R-1. He asked the Council to deny this request.
Chuck Bullock, 1521 Camelot Lane N.E., stated he has concerns regarding the traffic
this will create. He explained that it is already nearly impossible to access Central
Avenue from 64t" Avenue during peak periods of the day. He feared many of the
residents from this complex would seek alternate routes through what are now quiet
residential streets. He also questioned the height of the project.
Joanne Zmuda, 6051 Fourth Street N.E., questioned if the financing for the whole
project is available or if it will be built piece-meal. She stated the main concern is the
size of the building and the type of commercial uses going in.
Jean Schwartz, 1372 — 64t" Avenue N.E., said redevelopment must be compatible with
the surrounding area. She believed if this is approved, the City Council will be setting a
precedent for the rest of the redevelopment land in Fridley. She could think of any other
high density development in the area that sits 18 feet from a residential property line.
She thinks the driveway onto 64t" Avenue will affect the safety of residents on that road.
If the City Council denies this proposal, they are not denying future redevelopment on
this site, but denying a building that is too big. This is not an appropriate development
for this site. The City Council should leave the door open for a more appropriate
proposal.
Frank DeMello, 6134 Woody Lane N.E., stated it is hard to come to a consensus about
what kind of building the general population will accept on that site. He pointed out his
property is already zoned commercial and that he could have put in commercial uses a
long time ago. There is a strong demand for this type of housing for seniors and there
are other similar developments that are blending in well in their residential settings. The
City Council approved a similar project across the street. This is a good project that
should be approved. Some of the objections expressed do not take into consideration
the good of the community. He also stated seniors prefer to stay in their own
environment and in the community they are used to. This project is good.
Yoava Klucsar, 1420 Rice Creek Road N.E., stated he has lived in Fridley over 20
years. He asked how the City Council could consider approving two large projects in
this area when he cannot even build a double bungalow on his lot. They did not need
FRIDLEY CITY COUNCIL MEETING MINUTES OF MARCH 29, 2004 PAGE 18
any more retail space, as there are a lot of commercial vacancies in the area. He said
he is concerned about the increased pollution created by the additional traffic. The
plans the petitioner presented are very nice but they do not belong in Fridley.
Joe Nelson, 1357 — 64t" Avenue N.E., stated he did not know the petitioner prior to this
proposal but has found him to be a hard-working individual with good ideas. The
petitioner has the risk in this matter and he is the one who has to come up with the
financing. He has already spent a great deal of money to come before the City Council
with his plans.
Bernard Merihart, 1373 — 64t" Avenue N.E., stated he is right next door to this project.
In this process he has discovered the devastation created by high-density housing in
residential neighborhoods. He asked the Council to say no to this project.
Mr. Hickok responded to some of the questions presented this evening:
• Mr. Okeson's question on the driveway approach: Mr. Hickok stated a 5 foot
setback is generally required and that is the distance between the property line and
the driveway itself. Within an S-2 development, deviations can be considered, but in
this proposal the driveways are right on that standard.
• Mr. Johnson's question on the special use permit: Mr. Hickok explained the current
patchwork of zonings would not allow a special use permit to be the vehicle by which
this proposal could proceed.
• Mr. Kocourek's comment about barricaded neighborhoods: Mr. Hickok responded
that neighborhood streets are meant to provide for travel options and we need to be
very careful not to barricade streets for one group's interest while eliminating options
for others.
• Mr. Olson's question regarding Old Central becoming a divided road: Mr. Hickok
stated at a certain point the county could create turn lanes at the intersection of
Mississippi Street and Old Central where traffic is segregated.
• Is this too much for the neighborhood: Mr. Hickok explained that both developers
did a housing study and determined that 189 units are needed based on current
demographic data and these two developments together are below that number.
• Ms. Olson's concern about the height of the building: Mr. Hickok stated a lot of time
was spent discussing this at the last meeting and the fact is the height is determined
at the front elevation.
• Trips per day generated by this proposal: The traffic analysis was done by the same
engineering group for both proposals so they have the collective data for the full
development scenario. Based on the trip generation manual, 66 daily trips will be
added.
• Mr. Schwartz questioned the rate and volume of run-off: Mr. Haukaas explained that
the storm water plans for this site must control the rate and the volume of the run-off
within the site. In addition, the storm water plans will be reviewed by the Rice Creek
Watershed District and their approval is required prior to moving forward with the
project.
FRIDLEY CITY COUNCIL MEETING MINUTES OF MARCH 29, 2004 PAGE 19
• Ms. Zmuda's concern about the type of retail: Mr. Hickok explained the S-2 zoning is
meant to serve a smaller demographic area and is generally geared toward walking
traffic.
• Ms. Schwartz's comment on lot coverage: Mr. Hickok explained the lot coverage on
this proposal is 26.67%. In a R-3 zoning, the maximum lot coverage is 20% or an
additional 10% allowed if you park underneath the building. This development does
have underground parking so the maximum is 30%. This proposal is under that
requirement. As far as her concerns on parking, Mr. Hickok explained it is not at all
unusual to use speculative parking ratios on an unknown element. Where we have
multi-tenant development, it is not at all unusual to apply speculative ratio and that is
what we've done here. That means that there's 1 parking stall for every 200 square
feet of parking area. This development exceeds the parking requirements. Mr.
Hickok also pointed out that this is a S-2 district which takes into account that there
are pieces about redevelopment projects and that are beneficial to the city and that
there are trade-offs in allowing setback deviations. This petitioner has dedicated a
30 foot green space area to the county. Anoka County doesn't have immediate
plans or in their 10 — 20 year plan to change the current roadway. Other concerns
expressed by Ms. Schwartz regarding building setbacks are addressed in the
flexibility allowed in the S-2 district. However, this proposal would fit in R-3 zoning
and all setbacks would have been met.
• Mr. Klucsar's comment about not being able to place a double bungalow on his lot:
His property is in a R-1 zoning which is single-family only.
Mayor Lund asked Mr. Haukaas to respond to the question regarding the responsibility
for any storm water issues that may occur as a result of this development.
Mr. Haukaas responded that the development's storm water system has to be designed
to handle the storm water on that site and they will be required to file a storm water
maintenance agreement with the City. The property owner, essentially the
homeowners' association, would have the responsibility for any storm water issues.
Mayor Lund asked the petitioner to respond to concerns about the process of this
development and whether it will be done in phases or all at once.
Mr. DeMello responded they are planning on a phased build-out starting with the
commercial and wrapping around so they can ensure the viability of the project. This
enables them to minimize the pre-solds and get in the ground as soon as possible. As
you look at the proposal from north to south, it will be built with the north section first,
then the middle section, and then the south section.
Councilmember Wolfe asked if the initial phase will include residential as well as
commercial.
Mr. DeMello stated it will.
FRIDLEY CITY COUNCIL MEETING MINUTES OF MARCH 29, 2004 PAGE 20
Councilmember Wolfe stated he received calls in favor and opposed to this proposal,
but some of those supporting it would not want it in their own back yard. The height of
the building from the street level is going to be higher than what the petitioner is
representing. The numbers are correct by engineering logic, but by common sense it is
higher. He also questioned if the senior residents would appreciate having the general
public using the outside seating at the north end of the project inside the courtyard. He
also pointed out that this new pro�posal increased the number of units from 71 to 90 and
added an access point onto 64" Avenue, which is the wrong direction. Fridley is
already 34% rental with 8% vacancy. There is a need for subsidized senior housing,
but as a realtor, he does not think these units are going to sell very quickly. As a
nearby neighbor, he already has difficulty accessing the Old Central Avenue and
Mississippi Street intersection.
Mr. Harrison responded that the 34% rental is not senior housing and this is an owner-
occupied proposal. As far as traffic, a senior adds an average of one to two trips per
day while a single family home adds 10 trips a day.
Councilmember Wolfe stated another concern is the other new developments in the
area including the 8 single family lots southeast and the Town Center development to
the west.
Mr. DeMello responded this is an exciting time for Fridley. The north area is an area of
tremendous opportunity and it should be taken advantage of. He questioned why the
City Council would allow such a proposal to go to another community. He wants to
invest in Fridley as he believes it is an opportunity for the future.
Councilmember Wolfe commented that the development in Blaine occurred on a sod
farm, not in someone's neighborhood. The neighbors he represents bought in this area
because it is a single-family area. He believes this project is too big for the
neighborhood.
Mr. DeMello stated he has tried to answer all the concerns with this new proposal by
dropping the density per acre, reducing the number of stories on each end of the
building, and moving the access to 64t" Avenue per Anoka County. They have
addressed the concerns expressed at the last meeting point by point. What's being
discussed here is this is a project that pulls together 8 lots with tremendous difficulties to
make something phenomenal.
Councilmember Barnette stated redevelopment is a very positive thing for Fridley, but
he is concerned about the entrance onto 64t" Avenue. If he were to live on this site and
was attempting to go east to New Brighton, he would utilize 64t" Avenue. He believes
the petitioner has presented some positive changes on the plat, but he still has some
questions.
Pete Villard, architect for this project, stated if you're standing in the center of 64tn
Avenue, the building will be 45 feet high within the parameters of the design. After the
FRIDLEY CITY COUNCIL MEETING MINUTES OF MARCH 29, 2004 PAGE 21
retaining walls are added back in, the height is 35 feet. In addition, they set the building
back another 40 feet or so from the centerline of 64t" Avenue so the face of the building
will now be 100 feet. He said the dimension of the side yard setback on the east is 18
feet, but that 18 feet is to a one story gazebo porch so the building itself is 28 feet back.
Taking into consideration the 16 foot easement for the alley, the building is actually 44
feet from the property line on the east. As far as the design of this project, he stated he
has designed over 500 projects in the state of Minnesota and this project is a step up
from a lot of those projects in terms of the design and the materials they are using.
Mr. DeMello responded to concerns of the 64t" Avenue access. This was not their idea,
but they are working within the constraints of the county which he understood was a
priority for the City Council in terms of their approval for this project. That is what drove
one of the access points from Central Avenue to 64t" Avenue.
Councilmember Bolkcom stated she has a huge concern with the 64t" Avenue access.
She questioned if Anoka County did anything more than recommend an access on 64tn
Avenue. This access will impact the residents in that neighborhood and she believes
this to be way too big of a project. The petitioner has listened to the neighborhood, but
she thought he should have met with the neighbors initially and up front to address their
concerns. She is not for this project for that reason. The biggest issue is density and
the height of the building. She is all for senior condos. If this proposal could be scaled
down it may be more acceptable.
Counclimember Billings stated the petitioner has done a lot of work and the project is
beautiful. We need to recognize the fact that we will need senior housing. By the year
2030, we are going to have half again as many people in the 7 county metro area as we
have now. We cannot have 20-acre sites for a single family house and still be able to
provide adequate housing. We have to realize that we will have to find ways to do more
with the land we have. He stated he likes the idea of a mixed use commercial site with
housing. Unfortunately, one of his objections to the plan was that they were trying to do
too much with the site and now with this plan more is being done with the site. One of
his biggest concerns is along the northern and northwestern property line. In order to
accomplish what the petitioner needs to economically, the parking is pushed right up to
the property line. There are no provisions for snow storage when everything is to the
property line. Should Anoka County need to take that property for right-hand turn lane,
there would be even less area. If this were a larger site with more green space
buffering to the east, it may be a better proposal. In terms of the access to 64t" Avenue,
it's not the worst thing in the world and will not add that many cars to 64t" Avenue. He
does not think this particular site can accommodate this much construction and it is not
in the best interests of the health, safety and welfare for the City of Fridley. We need
this type of housing, but it needs to be on a larger piece of property.
Mr. Harrison stated that reducing the density would result in a per unit cost that would
be prohibitive for the people of Fridley unless subsidies were involved.
FRIDLEY CITY COUNCIL MEETING MINUTES OF MARCH 29, 2004 PAGE 22
Mayor Lund stated the petitioner presented his case very well, but he does have
concerns about the density and height of this proposal. He is in favor of redevelopment,
but this proposal is a little too much. He thinks it has some positive aspects and has
lesser impact than some of the things that could happen on the property. He would like
to see something a little less intrusive. He believes this type of development fits in the
City's corridor commercial area.
Councilmember Billings asked if they made a motion to deny, did they need to provide
reasons for that denial. He proposes the first motion be a motion to approve. The
second motion would be a motion to substitute revision 14 single lot for revision 13 for
two lots presented originally. They would vote on the substitute amendment and then
on the motion to approve. If that fails, they should then move to table the matter and
ask staff to prepare comments to use at a subsequent meeting for a motion for denial.
Mr. Knaak stated the recommended procedure would be to have an affirmative vote to
deny with reasons given for the denial.
MOTION by Councilmember Billings, seconded by Councilmember Wolfe, to waive the
reading and approve the ordinance for Rezoning Request, ZOA #04-01, on first reading.
MOTION by Councilmember Billings, seconded by Councilmember Wolfe, to amend
Rezoning Request, ZOA #04-01, substituting Revision No. 14 dated March 20, 2004.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION
TO AMEND CARRIED UNANIMOUSLY.
UPON A VOICE VOTE ON THE MAIN MOTION, COUNCILMEMBER BARNETTE
VOTING AYE AND MAYOR LUND, COUNCILMEMBER BILLINGS,
COUNCILMEMBER WOLFE AND COUNCILMEMBER BOLKCOM VOTING NAY,
MAYOR LUND DECLARED THE MOTION TO APPROVE REZONING REQUEST,
ZOA #04-01, HAD FAILED ON A 1 TO 4 VOTE.
MOTION by Councilmember Billings, seconded by Councilmember Wolfe to deny
Rezoning Request, ZOA #04-1.
MOTION by Councilmember Billings, seconded by Councilmember Wolfe to table
Rezoning Request, ZOA #04-01, to the April 12, 2004, City Council meeting and direct
staff to provide a list of objections to document into the record.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION
TO TABLE REZONING REQUEST, ZOA #04-01 CARRIED UNANIMOUSLY.
MOTION by Councilmember Billings, seconded by Councilmember Wolfe, to approve
Preliminary Plat Request, PS #04-01.
FRIDLEY CITY COUNCIL MEETING MINUTES OF MARCH 29, 2004 PAGE 23
MOTION by Councilmember Billings, seconded by Councilmember Wolfe, to amend
Preliminary Plat Request, PS #04-01, substituting Revision No. 14 dated March 20,
2004.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION
TO AMEND CARRIED UNANIMOUSLY.
MOTION by Councilmember Billings, seconded by Councilmember Wolfe to table
Preliminary Plat Request, PS #04-01, to the April 12, 2004, City Council meeting and
direct staff to provide a list of objections to document into the record.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION
TO TABLE PRELIMINARY PLAT REQUEST, PS #04-01, CARRIED UNANIMOUSLY.
NEW BUSINESS
25. First reading of an ordinance under Section 12.06 of the City Charter
declaring certain real estate to be surplus and authorizing the sale thereof
generally located at the northwest corner of Ely Street and Ashton Avenue.
MOTION by Councilmember Bolkcom, seconded by Councilmember Barnette to waive
the reading and adopt the ordinance on first reading.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION
CARRIED UNANIMOUSLY.
26. First reading of an ordinance amending Fridley City Code, Section 205.07,
R-1, Single Family Dwelling District Regulations, and Section 205.08, R-2,
Two Family Dwelling District regulations, and Section 205.09, R-3, General
Multiple Dwelling District Regulations, related to accessory uses (Zoning
Text Amendment, ZTA #04-01).
MOTION by Councilmember Bolkcom, seconded by Councilmember Wolfe, to waive the
reading and adopt the ordinance on first reading.
UPON A VOICE VOTE COUNCILMEMBER BARNETTE VOTING AYE AND MAYOR
LUND, COUNCILMEMBER BILLINGS, COUNCILMEMBER WOLFE, AND
COUNCILMEMBER BOLKCOM VOTING NAY, MAYOR LUND DECLARED THE
MOTION FAILED ON A 1 TO 4 VOTE.
27. Informal Status Reports.
William Burns, City Manager, reported that the newsletter is now at the printers and will
be mailed next week.
FRIDLEY CITY COUNCIL MEETING MINUTES OF MARCH 29, 2004 PAGE 24
Jeff and Ann Rasmussen, 1259 Skywood Lane N.E., asked what action had been taken
by the City Council on Menard's request to relocate their driveway. They are concerned
about the noise generated by trucks loading and unloading and the possibility of speed
bumps being installed to the north which will also create noise.
Councilmember Billings explained no one spoke against this matter at the public
hearing. He offered to meet with the Rasmussens and Menard's store manager to
address their concerns. He added that the loading and unloading of trucks will take
place in the same area of the site.
Mr. Hickok stated the yard will continue to function as it has except for the relocation of
the drive. He did contact Menard's Eau Claire office and was told they do not intend to
off-load lumber on the north-end. They have no plans for speed bumps.
ADJOURNMENT.
MOTION by Councilmember Barnette, seconded by Councilmember Wolfe to adjourn
the City Council meeting of March 29, 2004.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION
CARRIED UNANIMOUSLY AND THE MEETING WAS ADJOURNED AT 11:00 P.M.
Respectfully submitted,
Rebecca Brazys
Recording Secretary
������
Scott J. Lund
Mayor