04/28/2008 - 29251CITY COUNCIL MEETING
CITY OF FRIDLEY
APRIL 28, 2008
The City Council meeting for the City of Fridley was called to order by Mayor Lund at 7:40 p.m.
ROLL CALL:
MEMBERS PRESENT: Mayor Lund
Councilmember-at-Large Barnette
Councilmember Saefke
Councilmember Varichak
Councilmember Bolkcom
OTHERS PRESENT: William Burns, City Manager
Fritz Knaak, City Attorney
Julie Jones, Planning Coordinator
APPROVAL OF PROPOSED CONSENT AGENDA:
APPROVAL OF MINUTES:
Board of Appeal and Equalization Meeting of April 14, 2008,
City Council Meeting of April 14, 2008.
APPROVED.
OLD BUSINESS:
1. Second Reading of an Ordinance Amending the Fridley City Code, Chapters 11 and
102, Allowing Storage Fees for Seized Motor Vehicles.
William Burns, City Manager, stated the Police Department has been seizing vehicles under
circumstances where they arrest drivers under the influence of alcohol, those who flee police,
and those charged with substance abuse crimes. Between 50 and 75 vehicles are seized each
year and stored at the City garage.
Dr. Burns stated since there is considerable staff time involved in handling these vehicles, staff
is suggesting that Council approve legislation that would allow us to charge a storage fee to the
uninvolved owners of vehicles. These are individuals who own the vehicle, but who were not
involved in the use of the vehicle for criminal behavior. These uninvolved owners are often
parents, friends, other relatives, banks, or finance companies. We are proposing a$10 per day
fee, not to exceed $500 or 50% of the book value of the vehicle. Staff recommends Council's
approval of the second and final reading of this ordinance.
FRIDLEY CITY COUNCIL MEETING OF APRIL 28, 2008 PAGE 2
WAIVED THE READING OF THE ORDINANCE AND ADOPTED ORDINANCE 1250
ON SECOND READING AND ORDERED PUBLICATION.
NEW BUSINESS:
2. Receive the Minutes of the Planning Commission Meeting of April 2, 2008.
RECEIVED.
3. Special Use Permit Request, SP #08-06, by Joe Papa, on Behalf or Hitching Post
Motorsports, to Allow a Repair Garage (Service Use) for the Motorcycles and
Recreational Vehicles that are Sold as Part of the Business, Generally Located at 7651
Highway 65 N.E. (Ward 2).
William Burns, City Manager, stated the petitioner is requesting a Special Use Permit to allow
the repair of motorcycles and recreational vehicles in an existing building. Mr. Papa is currently
selling motorcycles and RVs on the site. He would like to be able to repair the items that he sells
at this location. The Planning Commission unanimously recommended approval at their meeting
on April 16, 2008. Staff recommends Council's approval subject to five stipulations.
THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA AND PLACED ON
THE REGULAR AGENDA.
4. Resolution Providing for the Sale of $1,915,000 General Obligation Improvement
Bonds, Series 2008A.
William Burns, City Manager, stated that the bond issue will provide financing for the 2008
Street Improvement Project. The 2008 budget includes funding for the projects in anticipation of
this bond sale. The issue will be repaid from a general tax levy that will be certified to the
County next fall for tax collection next year. Staff recommends that this item be removed from
the agenda pending Council's review of the budget in June.
THIS ITEM WAS REMOVED FROM THE AGENDA
5. Resolution Providing For the Sale of $3,365,000 General Obligation Water Revenue
Bonds, Series 2008B.
William Burns, City Manager, stated that he is recommending that this item be removed from
the agenda pending further review.
THIS ITEM WAS REMOVED FROM THE AGENDA.
6. Resolution in Support of a Renewal Application for a Minnesota Lawful Gambling
Premise Permit for Blaine Jaycees at Fridley Crab House Music Cafe Located at 6161
Highway 65 N.E.
FRIDLEY CITY COUNCIL MEETING OF APRIL 28, 2008 PAGE 3
William Burns, City Manager, stated that this is a renewal for a permit that expires on June 30.
The renewal permit would be effective for the period beginning July 1, 2008, and ending June
30, 2010. Staff recommends Council's approval.
ADOPTED RESOLUTION NO. 2008-20.
7. Claims (136386-136537).
APPROVED.
8. Licenses.
APPROVED THE LICENSES AS SUBMITTED AND AS ON FILE.
APPROVAL OF PROPOSED CONSENT AGENDA:
Councilmember Saefke asked that Item No. 4 and 5 be removed from the agenda.
Councilmember Barnette asked that Item No. 3 be removed from the consent agenda and
placed on the regular agenda.
MOTION by Councilmember Barnette to approve the consent agenda as presented with the
removal of Item No. 3 from the consent agenda to the regular agenda and the removal of Items 4
and 5 from the meeting agenda. Seconded by Councilmember Varichak.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
ADOPTION OF THE AGENDA:
MOTION by Councilmember Bolkcom to approve the agenda with the addition of Item No. 3
from the consent agenda. Seconded by Councilmember Barnette.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
OPEN FORUM:
No one from the audience spoke.
FRIDLEY CITY COUNCIL MEETING OF APRIL 28, 2008 PAGE 4
NEW BUSINESS:
3. Special Use Permit Request, SP #08-06, by Joe Papa, on Behalf of Hitching Post
Motorsports, to Allow a Repair Garage (Service Use) for the Motorcycles and
Recreational Vehicles that are Sold as Part of the Business, Generally Located at 7651
Highway 65 N.E. (Ward 2).
Councilmember Barnette asked if there would be outside storage.
Joe Papa, Hitching Post Motorsports owner, said that there would be storage outside.
Councilmember Barnette asked if the outside storage had to be on a hard surface.
Julie Jones, Planning Coordinator, said that the outside storage would meet the hard surface
requirement.
Councilmember Bolkcom asked about the fence screening and what it would look like.
Mr. Papa said that the current chain link fence would have durable vinyl slats installed.
Councilmember Bolkcom asked if the fence would be a solid fence similar to the example.
Ms. Jones said that the solid fence was just an example.
Mayor Lund asked what kind of fence would be installed.
Mr. Papa said the coverage would be similar.
Mayor Lund said screening is a sensitive issue.
Mr. Papa said he currently has a chain link fence he was going to put slats in. He will comply
with the City's suggestions and stipulations. He will get bids and approval from the City before
installation.
Ms. Jones said that a slatted chain link fence must be strong enough to withstand the winds.
Most screening requirements need to be a combination of landscape and fencing. On this site it
is difficult to landscape so staff will work with Mr. Papa to come up with an acceptable solution.
Councilmember Bolkcom said she just wants to know what the fence will look like and
clarification on the fence material.
Mayor Lund asked if Stipulation #5 should be changed to read "reviewed and approved by City
staff and Council prior to installation".
Mr. Papa commented that Friendly Chevrolet is not required to have a screening fence.
FRIDLEY CITY COUNCIL MEETING OF APRIL 28, 2008 PAGE 5
Councilmember Bolkcom said that they may have an existing Special Use Permit or none at all,
but you are applying for a new permit so you must comply with the stipulations.
Mayor Lund said that this is a sensitive issue and vinyl slats will be okay but some slats provide
better coverage than others.
MOTION by Councilmember Varichak to approve Special Use Permit request, SP #08-06, by
Joe Papa, on behalf of Hitching Post Motorsports, with the following five stipulations:
1. Fenced-in area shall be screened in order to comply with code requirements by December
31, 2008. Gate shall also be screened and remain closed except when being used for
access to the yard, to ensure proper screening.
2. Site shall remain free of debris, vehicle parts, and junk (inoperable) motor vehicles,
motorcycles and recreational vehicles.
3. Items in the outdoor storage area shall not exceed the height of the fence.
4. Refuse container shall be screened and located in the side or rear yard.
5. Fence material shall be reviewed and approved by City staff prior to installation.
Seconded by Councilmember Bolkcom.
MOTION by Councilmember Vairchak to amend stipulation number five to read "Fence
material shall be reviewed and approved by City Council and City staff prior to installation."
Seconded by Councilmember Bolkcom.
Mayor Lund asked if this would need an informal approval or a quorum.
Fritz Knaak, City Attorney, said that it would need an official quorum.
UPON VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION
CARRIED UNANIMOUSLY
PUBLIC HEARING:
9. 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
on Springbrook Creek near the Intersection of Broad Avenue and 79t'' Way.
MOTION by Councilmember Bolkcom to open the public hearing. Seconded by
Councilmember Saefke.
UPON VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION
CARRIED UNANIMOUSLY AND THE PUBLIC HEARING OPENED AT 8:11 P.M.
FRIDLEY CITY COUNCIL MEETING OF APRIL 28, 2008 PAGE 6
MOTION by Councilmember Bolkcom to continue the public hearing until May 5, 2008.
Seconded by Councilmember Saefke.
UPON VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION
CARRIED UNANIMOUSLY
OLD BUSINESS:
10. Second Reading of an Ordinance Amending Chapters 205.07, 205.08, 205.09 and
205.23 of the Fridley City Code Pertaining to Housing Maintenance (Text
Amendment, TA #08-01) and Adopt Official Title and Summary Ordinance.
Julie Jones, Planning Coordinator, presented the second reading of an ordinance amending
chapters pertaining to housing maintenance. Under Section 6. Performance Standards, the
proposed text would read: G.(3) Doors, windows, screens ... All window openings intended
for windows and doors, shall have such placed in said openings. ... This text is mentioned
several times in the document and each time it would be written as stated above.
William Burns, City Manager, suggested the amendment to read as follows: All openings
intended for windows and doors shall have windows and doors placed in said openings.
Mayor Lund agreed with Dr. Burns.
MOTION by Councilmember Bolkcom to waive the reading of the ordinance and adopt
Ordinance No. 1251 on second reading with the change noted above and order publication.
Seconded by Councilmember Vairchak.
UPON VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION
CARRIED UNANIMOUSLY
Mayor Lund said that there were some code issues that staff will need to follow up on from the
photos viewed at the previous meeting.
Dr. Burns made note of the request and will discuss this with staff.
Ms. Jones said that the next step would be to publicize the ordinance and it would become
effective 15 days after publication. The summary ordinance is provided as a second part to this
item. Staff will be able to begin inspecting for housing maintenance concerns May 26.
MOTION by Councilmember Saefke to adopt the official title and summary ordinance.
Seconded by Councilmember Bolkcom.
UPON VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION
CARRIED UNANIMOUSLY
FRIDLEY CITY COUNCIL MEETING OF APRIL 28, 2008 PAGE 7
NEW BUSINESS:
11. Informational Status Reports
Councilmember Saefke congratulated Allina and Unity Hospital with their new facility upgrade
to a Level Three trauma hospital. He commented that we were lucky to have them in our
community.
Councilmember Bolkcom commented that the Yard and Garden Get Together event went very
well and a lot of good information was shared.
Julie Jones, City Planner, said it was a successful event and people were interested in storm
water and rain barrels. If they need additional information on these items, they can contact
Rachel Harris at 763-572-3594.
Councilmember Saefke said on Tuesday, April 29, at 6:30 p.m. there will be a meeting for
block captains or those interested in becoming a block captain.
Mayor Lund said that on May 3 there will be a paper shredding event at City Hall in the parking
lot from 9:00 a.m. until noon, free of charge.
Councilmember Barnette said that the NorthStar commuter rail original plans were to put the
tunnel in Memorial Day weekend but construction will start Tuesday May 27.
Mr. Stahlberg, Fridley Resident, said he had a comment for Item #10. He shared a newspaper
article regarding foreclosed buildings.
Mayor Lund said that staff will review the information and bring back a reply.
William Burns, City Manager, said that there will be training offered on Minnesota home
foreclosures on May 13 at the Anoka Technical College. We will post this information on the
City's website. The workshop will be linked with the cable network in May. The City of
Fridley has had 29 foreclosures since January and last year they had 113 for the entire year.
There will be a large increase in Fridley as well as other cities across the state.
ADJOURN:
MOTION by Councilmember Barnette to adjourn. Seconded by Councilmember Varichak.
UPON VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION
CARRIED UNANIMOUSLY AND THE MEETING ADJOURNED AT 8:35 P.M.
Respectfully submitted by,
Krista Monsrud Scott J. Lund
Recording Secretary Mayor