09/15/2008 - 29215CITY COUNCIL MEETING
CITY OF FRIDLEY
SEPTEMBER 15, 2008
The City Council meeting for the City of Fridley was called to order by Mayor Lund at 7:30 p.m.
ROLL CALL:
MEMBERS PRESENT: Mayor Lund
Councilmember-at-Large Barnette
Councilmember Saefke
Councilmember Varichak
Councilmember Bolkcom
OTHERS PRESENT: William Burns, City Manager
Richard Pribyl, Finance Director
James Kosluchar, Public Works Director
Fritz Knaak, City Attorney
Scott Hickok, Community Development Director
PROCLAMATION:
Constitution Week: September 17 through September 23, 2008.
PRESENTATIONS:
Superintendent Don Helmstetter, Independent School District #16 provided an update on the
construction and renovation of the schools in that district.
Captain Robert Rewitzer, Fridley Police Department, Reported on the Republican National
Convention.
APPROVAL OF PROPOSED CONSENT AGENDA:
APPROVAL OF MINUTES:
City Council Meeting of August 25, 2008.
APPROVED.
OLD BUSINESS:
1. Second Reading of an Ordinance Recodifying the Fridley City Code by Amending
Appendix F to provide for the Adjustment of Salaries for the Mayor and
Councilmember's in Accordance with Section 2.07 of the Charter of the City of Fridley.
William Burns, City Manager, said this salary adjustment would provide a 3% increase,
consistent with other Fridley employees. The 2009 salaries would be raised to the following
FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 15, 2008 PAGE 2
levels: Mayor, $10,530.57 (+$307.02), Council Member-at-Large, $8,649.68 (+ $267.68), and
Ward Council members, $7,647.15 (+$222.73). Council did not receive an increase for 2008.
Council's salaries are currently below the average salaries for cities of similar size. Staff
recommends Council's approval.
WAIVED THE READING OF THE ORDINANCE AND ADOPTED ORDINANCE NO.
1254 ON SECOND READING AND ORDERED PUBLICATION.
NEW BUSINESS:
2. Resolution Consenting to the Housing and Redevelopment Authority in and for the City
of Fridley, Minnesota, Adopting a 2008 Tax Levy Collectible in 2009.
William Burns, City Manager, said in 2008, the legislature increased the allowable tax levy for
local Housing and Redevelopment Authorities from .0144% of taxable market value to .0185%
of taxable market value. The Fridley HRA voted to adopt the new levy rate at their September 4,
2008, meeting. The new levy would raise the tax on a$200,000 home by $8.00 a year. The total
proceeds from the levy in 2009 would amount to $499,757. The money will be used to support
the Gateway Northeast redevelopment project and other future redevelopment projects. Staff
recommends Council's approval.
ADOPTED RESOLUTION NO. 2008-37.
3. Resolution Regarding the Potential Counties Transit Improvement Board Grant
Funding of the Fridley Northstar Commuter Rail Station.
William Burns, City Manager, said earlier this year the legislature overrode the Governor's veto
and allowed the establishment of a'/4% county option sales tax for transit. The Counties Transit
Improvement Board (CTIB) will distribute about $70 million of this money by the end of
October. About $30 million of this money is earmarked for Metro Transit operations. Another
$20 million has been earmarked for Northstar and Hiawatha LRT operating costs. Additionally,
the distribution guidelines for the first round of CTIB funding provide that the Fridley station site
is one of three projects eligible for funding from the remaining $20 million. Grant applications
are due by October 1, and it is likely that the awards will be announced by November 1. Staff
recommends Council's approval.
ADOPTED RESOLUTION NO. 2008-38.
4. Resolution declaring costs to be assessed and ordering preparation of proposed
assessment for the Street Improvement Project No. ST. 2008-2.
William Burns, City Manager, said the total estimated cost for the mill and overlay and water
line replacement on Gardena Avenue is $341,182.43. Of this amount, $106,886.74 will be
assessed to benefiting property owners. The remainder will be paid for by the City. While
property owners may pay for their assessments up front, they have the option of paying for them
in ten equal installments over 10 years at 6.5% interest. This resolution directs the Finance
Director and the Public Works Director to calculate the assessments for the fifty-six benefiting
property owners. Staff recommends Council's approval.
FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 15, 2008 PAGE 3
ADOPTED RESOLUTION NO. 2008-39.
5. Resolution Directing Publication of the Hearing on the Proposed Assessment for the
Street Improvement Project No. ST. 2008-2.
William Burns, City Manager, said the notice identifies October 13 as the public hearing date.
Staff recommends Council's approval.
ADOPTED RESOLUTION NO. 2008-40.
6. Motion to Approve Request by Medtronic, Inc., to do Construction Work at Night on
the Parking Structure Located at the Medtronic World Headquarters, Generally
Located at 710 Medtronic Parkway N.E. (Ward 1)
William Burns, City Manager, said Medtronic has requested that the City allow them to work
after hours as they replace stairways and enclose open corners on their parking ramp. Since the
work crews would block employee exiting during daytime working hours, they are asking
Council to approve a work schedule that is outside of the City's allowed working hours. These
allowed working hours are between 7:00 a.m. and 9:00 p.m. on weekdays, and between 9:00 a.m.
and 9:00 p.m. on weekends. Staff recommends Council's approval subject to two conditions:
1. The window enclosures on the corners of the ramp be constructed first to dampen sound
from jack hammers needed for the stair replacement.
2. The contractor (McGough Company) use a sound curtain inside the ramp to reduce
construction noise to as close to 50 decibels as possible.
If Council concurs, staff will notify nearby property owners.
THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA AND PLACED ON
THE REGULAR AGENDA.
7. Set a Public Hearing date for November 10, 2008, to review comments on the City of
Fridley's Draft Wellhead Protection Plan.
William Burns, City Manager, said the plan was mailed to various local and state agencies on
September 4, 2008. This begins a 60-day comment period. Public comments will be received
and reviewed at the proposed public hearing on November 11, 2008. Staff recommends that
Council set this public hearing date.
SET PUBLIC HEARING DATE FOR NOVEMBER 10, 2008, TO REVIEW COMMENTS
ON THE CITY OF FRIDLEY'S DRAFT WELLHEAD PROTECTION PLAN.
8. Claims (138133 — 138397).
APPROVED.
9. Licenses.
APPROVED THE LICENSES AS SUBMITTED AND AS ON FILE.
FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 15, 2008 PAGE 4
10. Estimates.
APPROVED THE FOLLOWING ESTIMATES:
Midwest Asphalt
5929 Baker Road
Suite 420
Minnetonka, MN 55345
2008-1 Street Improvement Project
Estimate No. 4 ............................................................................... $ 368,688.30
Hardrives, Inc.
14475 Quiram Drive
Rogers, MN 55374-9461
2008 Street Improvement Project No. 2007-3
Estimate No. 1 .............................................................................. $ 49,791.54
North Valley, Inc.
2015 Iguana Street N.W.
Nowthen, MN 55330
2008-2 Gardena Avenue Mill and Overlay Project
Estimate No. 3 .............................................................................. $ 253,473.18
APPROVAL OF PROPOSED CONSENT AGENDA:
Councilmember Bolkcom asked that Item 6 be removed.
MOTION by Councilmember Barnette to approve the Consent Agenda with the removal of Item
No. 6. Seconded by Councilmember Varichak.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
ADOPTION OF AGENDA:
MOTION by Councilmember Barnette to adopt the agenda with the addition of Item No. 6.
Seconded by Councilmember Varichak.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
OPEN FORUM (VISITORS):
Bert Martinez presented photographs of a problem he is having in his shop with standing water.
This problem has been going on over the last 10 years. When he first purchased the property, it
was not a problem. The drains are constantly plugged with mud, leaves and branches that do not
FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 15, 2008 PAGE 5
allow the water to flow freely. When this problem occurs, it amounts to a lot of work such as
carpet cleaning, removal of furniture, etc., and trying to continue business as usual.
Mr. Martinez said his business makes products for the beverage and food industry. He has
suffered a lot of losses in the years due to water damage and currently, he has not been in
operation since August 27. He has come forward several times about this problem and staff
listens to his problems but they continue to exist. Last year Mr. Kosluchar was going to send
someone to do testing levels of the area to try and find out where the problem exists. Just last
Thursday a survey crew arrived in the area. Many times staff says this problem is due to an
excessive rain. This last time there was only 1.5" of water and it still caused damage. The
problem is that there is not sufficient drainage for the rain.
Mayor Lund said they would like an opportunity to review the issue with City staff.
Councilmember Bolkcom agreed that the best thing to do is to take a look at it and get back to
Mr. Martinez.
Councilmember Bolkcom said that the quiet zone is finally happening. Mr. Kosluchar met with
Federal Rail Authority and they approved the quiet zone. Hopefully by October 10, the quiet
zone will be in operation.
PUBLIC HEARINGS:
11. Consider the Revocation of the Intoxicating Liquor License Issued to William J. Bisek
of JWBB, Inc., d/b/a Baggan's Pub, Located at 3720 East River Road (Ward 3)
(Continued August 11, 2008).
MOTION by Councilmember Bolkcom to remove this item from the table. Seconded by
Councilmember Saefke.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY AND THE PUBLIC HEARING OPENED AT
8:17 P.M.
Richard Pribyl, Finance Director, stated the building is located at 3720 East River Road which
has been owned and operated by William Bisek of JWBB Inc., d/b/a Baggan's Pub. Since the
opening of the public hearing on August 11, 2008, Staff requested the following information:
• Food/Liquor Ratio — Mr. Bisek provided us with his CPA's letter indicating the ratio
to the first six months of this year as 45.9% food, which exceeds the minimum
required by City ordinance of 40%.
• Financial Statements — Mr. Bisek provided his balance sheet as compiled by his
accountant. It did indicate a$70,000 liability for earnest money. One would assume
from information provided at the public hearing that it was received from Zanzibar.
The balance sheet had also shown that as of June 30, 2008, his cash position was not
sufficient to repay this amount.
FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 15, 2008 PAGE 6
• Copies of sales tax reports — The reports were provided for the first six months of the
year. It appears he is paying his sales tax.
Mr. Pribyl said staff also requested that Mr. Bisek apply for a Managerial Licenses for anyone
who would be acting as a manager. Mr. Bisek provided applications for Jonna Riggs and Jeremy
Bisek Those applications were included on this evening's license list for your approval. As of
this morning, Baggan's Pub continued to have outstanding property taxes in the amount oi
• 2"d half of 2007 -$14, 831.40.
• lst half of 2008 - $13,371.84.
• As of October 15, the second half of 2008 will also be due in the amount of
$12,986.76.
Mr. Pribyl said that Mr. Bisek provided a letter to the City Manager requesting an e�tension to
the public hearing to allow him more time in order to acquire funds to pay his property taxes.
Staff recommends the following:
• Allow Mr. Bisek until the end of this license period (Apri130, 2009) to have all of his
property taxes current.
• Instruct Mr. Bisek that should the property taxes not be current as of the time of
application for renewal of the liquor license, it would be grounds for non renewal of
the liquor license.
• Mr. Bisek would maintain a venue similar to what had been originally approved.
• Any increase in calls for Police assistance similar to the one that occurred on July 27,
2008, would be consideration for non-renewal.
• Close the public hearing.
Councilmember Bolkcom asked Mr. Bisek to explain the letter that was received and what it
meant.
Mr. Bisek, owner of Baggan's Pub, said he was pursuing different options as to how to move
forward with the property and to sell the property.
Councilmember Bolkcom questioned the management applications as it sounded like he was
acting as manager.
Mr. Bisek said he will just be doing some part-time work.
Councilmember Bolkcom asked if Mr. Beisek understood the recommendations of staff. She
asked if Mr. Bisek was still working and managing the property. She said she was not
comfortable continuing this until April but it makes sense. She wanted to make sure Mr. Bisek
maintained the establishment the way it was originally set up. This is not a night club and Mr.
Beisek and his staff control the events that happen there. Public safety is a huge concern. The
police calls have not occurred as often but there are still concerns that it could happen again. If
something like that happens, she will be the first one to suggest to bring this back to Council.
FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 15, 2008 PAGE 7
Mr. Bisek guaranteed nothing like that would happen again. He thinks the establishment is
proceeding forward in an acceptable manner. He will be totally in charge until a sale is final.
Mayor Lund questioned the financials and insurance requirements.
Mr. Pribyl said he has followed up with the insurance requirements. There are times when there
is a change in insurance or a cancellation. The City receives those notifications on a regular
basis.
Mayor Lund asked if Mr. Beisek had any questions on the stipulations.
Mr. Bisek said he did not have any questions.
Councilmember Bolkcom said it would be wise to put something in writing regarding the
stipulations.
Mr. Bisek said he would be more than willing to sign something.
Fritz Knaak, City Attorney, said there would be no need for formal action but suggested a
careful review of the minutes to ensure the record reflected the comments made. He said since
Mr. Bisek was willing to sign for something, staff should send him a letter with the stipulations
and have Mr. Bisek verify his receipt of the letter.
William Burns, City Manager, said that just because the public hearing is closed, it does not
preclude a revocation if a cause arises between now and April.
Attorney Knaak said that is correct. Council does not need a reason or provocation to review
the liquor license under the law.
Mayor Lund said residents have told him we need more restaurants or venues in Fridley. He
asked Mr. Bisek, as a business owner of a restaurant and bar, why he thought the restaurant
business is the way it is now, as he was struggling.
Mr. Bisek said the industry is reflected by the economy as a whole. When you pay $3.75 for gas
you do not have as much disposable income. They estimate that it could be 2010 before the
economy turns around. He said he did not see it getting any better before it gets a little worse. It
is difficult to be profitable in the restaurant business.
Mayor Lund asked if the location had anything to do with the decline in business.
Mr. Bisek said that is part of the problem. He does a very good lunch business because of the
location but suffers with the dinner business because there are not a lot of residential properties
around them. Sunday brunch is also good but dinner during the week nights is more difficult.
They are still trying to fight the reputation the property had for so many years in the past.
Mayor Lund agreed that the problems are reputation, location and economy.
Councilmember Bolkcom encouraged Mr. Bisek to continue to maintain the food to liquor
ratio, to work with the Police Department to provide a safe environment, to have staff contact the
police when needed and not just when they thought the police were needed, to have those staff
FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 15, 2008 PAGE 8
members who work in the capacity of management apply for a managerial dispensing license, to
pay property taxes, to operate his business as his original liquor license stated--he could not
allow another establishment to come in and hold special events, and to maintain his business
according to City ordinance.
MOTION by Councilmember Bolkcom to close the public hearing. Seconded by
Councilmember Saefke.
UPON VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION
CARRIED UNANIMOUSLY AND THE PUBLIC HEARING CLOSED AT 8:39 P.M.
12. Consider Special Use Permit, SP #06-11, for Central Auto Parts, to operate a
Salvage Yard, Generally Located at 1201 — 73 �/z Avenue NE (Ward 2) (Continued
June 9, 2008).
MOTION by Councilmember Barnette to remove the item from the table. Seconded by
Councilmember.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY AND THE PUBLIC HEARING OPENED AT
8:40 P.M.
Scott Hickok, Community Development Director, reviewed the history of Central Auto Parts
located at 1201 — 73 '/z Avenue. The business has never been in compliance with the stipulations
of a 1973 special use permit. In 2003, a new special use permit was assigned with a five-year
timeline. In 2006, no progress had been made, so the special use permit was revoked and a new
special use permit established. As of June 2007, the business was not in compliance, but was
granted a continuance since the Rice Creek Watershed District had approved the plans. By
November 2007, half of the yard was paved, but the contractor could not finish before winter, so
another continuance was granted. By the June 1, 2008, continuance, the fence and landscaping
were delayed due to the need to redesign the main storm pond. It was continued until
September 15, 2008. Currently the improvements are completed, the main storm water treatment
pond was re-designed and is functioning properly, the south fence was replaced with a solid
wood fence, the irrigation was repaired and landscaping is complete; including 5 new trees in the
front yard.
Mr. Hickok said that the Rice Creek Watershed District inspection is complete and permitted
storm water management improvements are complete. The inspector is allowing them to wait on
seeding pond perimeters and rain gardens until the beginning of October. They do not need to
install plants if seeding works. They will need to complete further pond side slope stabilization
if it is determined to be necessary. Staff recommends that no action is necessary regarding
revocation of Special Use Permit, SP #06-11.
MOTOIN by Councilmember Varichak to close the public hearing. Seconded by
Councilmember Bolkcom.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY AND THE PUBLIC HEARING CLOSED AT
8:46 P.M.
FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 15, 2008 PAGE 9
OLD BUSINESS:
13. Resolution Revoking Special Use Permit, SP #06-11, for Central Auto Parts, to
Operate a Junkyard in an M-1 Zoning District, Generally Located at 1201 - 73 �/z
Avenue NE (Ward 2) (Tabled June 9, 2008).
MOTION by Councilmember Varichak to table indefinitely the resolution to revoke Special Use
Permit, SP #06-11, for Central Auto Parts. Seconded by Councilmember Bolkcom.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY
14. Variance Request, VAR #08-06, by John Allen and Jeff Salzbrun on Behalf of
Industrial Equities, LLP, for Three Variances: To Allow a Second Free-Standing
Monument Sign instead of the Code Required Sign; to Allow the South Monument
Sign to be Within 25 Feet of a Driveway and Within the Vision Safety Zone; and to
Reduce the North Sign Setback from 10 Feet to 9.2 Feet from the Property Line,
Generally Located at 5100 — 5110 Main Street NE (Ward 3) (Tabled August 25,
2008)
Scott Hickok, Community Development Director, said the petitioner came prepared to answer
questions from the last meeting: Two signs vs. one sign and the questions about the site triangle
on the south monument sign. Petitioner indicated that the driveway could be moved to remedy
that problem and staff agreed that would be a great way to take care of the problem. Also 40
square feet would be sufficient on each sign to display information. The petitioner will answer
any questions you may have.
Jeff Salzbrun, Industrial Equities, said the most important part is the safety triangle issue. They
can work with staff to move the curb, or the sign can be moved to the west 6 to 7 feet which
would clearly get it out of the safety zone. The 40 square feet per sign would also work.
Another problem is the variance. The City code is 25 feet and they will be 10 feet. He said they
would like to have both signs. If there is a way to work with staff, they would like to move
forward.
Councilmember Bolkcom asked if this is the first time staff has seen this drawing.
Mr. Hickok said yes and this is a correct drawing of the site.
Councilmember Bolkcom asked what would be granted.
Mr. Hickok said two signs at 40 square feet each, the variance of 10 feet and moving the sign
out of the vision safety zone.
Councilmember Bolkcom asked about the north sign and if a set back problem still exists.
Mr. Hickok answered yes, it is about 9 inches short.
Mr. Salzbrun said that there are a lot of underground utilities in that area so that is where it had
to be.
FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 15, 2008 PAGE 10
Councilmember Bolkcom said that the sign would be going from 10 feet to 9.2 feet.
Mr. Salzbrun said that a surveyor will present a final drawing to the city.
Councilmember Bolkcom asked if this is within anything we have done in the past.
Mr. Hickok said it helps considerably taking the sign out of the safety zone. We have granted
setback variances in the past.
Councilmember Bolkcom said we are still granting two signs, but at 40 square feet each, as a
compromise.
Mr. Hickok said correct.
Mr. Salzbrun said if they do light the sign, the lighting would be pointed toward the property
and would not bother the neighbors.
Mr. Hickok said that is standard City code and this is a nice compromise.
Mayor Lund asked if they move the monument sign out of the vision safety zone, the north side
should be 25 feet off curb but they are asking for variance of 10 feet.
Mr. Hickok said that the north sign is 25 feet from the driveway, but lacks 10 feet from the main
street and needs to be 25 feet from a private drive.
Mayor Lund said that if they move the south monument sign out of safety triangle, grant a
setback from 10 feet to 9.2 feet and allow two signs with 40 feet of signage on each, they will not
be reducing the overall size of the monument signs.
Mr. Hickok said the neighbor has no concerns.
Councilmember Varichak asked if the two signs set precedence for any other businesses that
may make a mistake like this.
Mr. Hickok answered no. Each variance is on its own merits. The likelihood of every case
having every condition exactly the same is highly unlikely.
MOTION by Councilmember Bolkcom to approve Variance Request, VAR # 08-06, by John
Allen and Jeff Salzbrun on Behalf of Industrial Equities, LLP. Seconded by Councilmember
Varichak.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY
NEW BUSINESS:
6. Motion to approve a request by Medtronic, Inc., to do Construction Work at Night on
the Parking Structure Located at the Medtronic World Headquarters, Generally
Located at 710 Medtronic Parkway, N.E. (Ward 1)
FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 15, 2008 PAGE 11
Councilmember Bolkcom said she has problem with this item, as 50 decibels seems like a lot.
She also questioned why City staff would notify the neighborhood. She thought Medtronic
should do it. She also asked what would happen if people started complaining.
Scott Hickok, Community Development Director, said Medtronic and the contractor have been
conscientious about the noise. They did not want to move forward without Council knowing
about it. Right now they are in a bind because they have the number of cars on the parking deck
and they cannot get the work done. Eight days is the worse case scenario. They are working
during the day to strategically make the night work as little as possible.
Councilmember Bolkcom asked if the cars could be moved to the asphalt parking lot. This was
being used for bus passengers during the issue with the I-35W Bridge. She asked if they
considered working weekends during the day verses at night during the week.
Councilmember Barnette said there was a similar situation installing the pipeline around the
clock, they notified neighbors. Another situation came up with the installation of the box culvert
for the Northstar rail station. Sometimes that is just what you have to do to complete the work.
He said the questions is who should notify the neighbors--Medtronic or the City.
Mr. Hickok said that the mailer has not been done yet so that could be changed.
Councilmember Bolkcom asked about the parking lot and moving people over to the asphalt
lot. The project is not a City project so the letter should be sent out by Medtronic.
Councilmember Saefke asked where the noise was being measured from.
Mr. Hickok said at the property line.
Councilmember Saefke asked if the construction would be done all night long.
Mr. Hickok said that is their strategy.
Councilmember Saefke said he had no objection to construction work but thought the letter
should be sent out by Medtronic. If they put up concrete blankets to absorb the sound, the
neighbors will probably not notice the noise.
Councilmember Bolkcom said that the noise will be different than the same noise you hear day
in and day out.
Councilmember Saefke said if Medtronic notifies the neighborhood of the noise it should be
okay.
Councilmember Bolkcom just wanted to make sure all avenues have been explored. This is a
Medtronic issue, not a City issue.
Councilmember Saefke said if people are aware there is going to be noise, it will be better.
Mayor Lund asked how soon the project would need to start.
FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 15, 2008 PAGE 12
Mr. Hickok said that they have started and held off with the night work until it can be discussed
and the neighbors are notified.
Mayor Lund said the City has a right to rescind if there are a lot of complaints about the noise.
Council should retain the right to say you have to stop.
Councilmember Varichak asked if they are doing the work now.
Mr. Hickok answered yes.
Councilmember Varichak asked if staff has had any complaints.
Mr. Hickok answered no.
William Burns, City Manager, asked if there was a problem asking them about considering the
service level parking area.
Mr. Hickok said that if it were an option, they would have considered it because they use that
parking area a lot.
Dr. Burns said it would not hurt to ask.
Mr. Hickok said this is delaying the project, and they are anxious to get on with it. Medtronic
has been a very conscientious contractor who would not use a piece of equipment louder than it
has to be.
Councilmember Bolkcom said she is not suggesting this is not a good contractor. She asked
how long the delay has been.
Mr. Hickok said that they have been waiting since the last Council meeting.
Councilmember Bolkcom said everything needs to be reviewed and all avenues thought out
thoroughly.
MOTION by Councilmember Saefke to approve the request by Medtronic, Inc., to do
construction work at night on the parking structure located at the Medtronic World Headquarters,
generally located at 710 Medtronic Parkway N.E. Seconded by Councilmember Barnette.
Mayor Lund said we have to be cautious if we are getting complaints. If it gets too noisy we
can rescind the motion.
Councilmember Bolkcom asked about the sound measure as it will be different as no window
will be installed, it will be a plywood enclosure. She also asked how the letter is being sent out.
Councilmember Saefke agreed with Councilmember Bolkcom that the letter should come from
Medtronic.
Councilmember Bolkcom said that when the pipeline was installed the letter was sent out by
the company doing the work so this should be treated the same.
FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 15, 2008 PAGE 13
Councilmember Barnette said the box culvert letter was sent out by Anoka County Rail, not the
City. He does not recall any complaints on the box culvert noise and people understood this had
to be done.
Councilmember Saefke added that the sound mitigation will need to be done to dampen the
sound to close to 50 decibels at property line, Medtronic will need to notify the people, not the
City, and the City has an option to rescind this motion if there are a lot of complaints.
UPON VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION
CARRIED UNANIMOUSLY
15. Approve Six-Month Extension of Rezoning Request, ZOA #05-03, by JLT Group,
Generally Located at 5601 East River Road (Ward 3)
Scott Hickok Community Development Director, said JLT Group is asking for another six-
month e�tension. They wanted to market the property as commercial property, not industrial
property. The City did approve the first reading of a rezoning. The second reading usually
comes quickly, but they were given two years to come back with a site plan in preparation of the
second reading. This time also gave them the ability to market the property as commercial
property. The City originally allowed them 24 months to come back with a project, and they
have asked for a third e�tension. JLT is going through a replatting process with their neighbor.
This plat has complicated legal descriptions. A 57th Avenue dedication of right-of-way would be
a part of this plat process. JLT was ready to come in last Friday, but was missing the 57tn
Avenue right-of-way dedication information. This is another reason why they need an e�tension.
Councilmember Barnette commented that there seems to be a lot of equipment on that site,
moving dirt, etc. He asked if they are doing anything on the site.
Mr. Hickok said that the area is leased out as part of the pipeline.
Councilmember Bolkcom asked for clarification on this item.
Mr. Hickok said this all came to light when the property changed hands. They realized that
access into US Corrugated Industry comes across a little piece of property that does not belong to
them. In the old days of farming, they could do a land swap, but there is a lot of legal
complications. The property cannot just be swapped. The further they looked at it, other
negotiations took place. It does take a long time and they are e�tremely careful to do things the
right way.
William Burns, City Manager, asked how many square feet was involved.
Mr. Hickok said less than an acre, but it is right where the two properties come together.
Councilmember Bolkcom said that this is the third e�tension, and asked what prevented them
from asking for another e�tension. She understands this is a great piece of property but at some
point you need to move forward.
Mr. Hickok said that was an excellent point. We are out as far as we have ever been on a
project. It was to help out as it was in the best use of the City. Council supported it because we
had a common goal.
FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 15, 2008 PAGE 14
Councilmember Bolkcom said one more e�tension was okay, but at some point we need to say
this is it. If something does not come forward in March, we need to start the process over.
Mayor Lund said he understands Councilmember Bolkcom's point, but it is good to have a
project in front of us.
Councilmember Bolkcom agreed but if you cannot produce something in four years, you need
to go back to the drawing board.
MOTION by Councilmember Bolkcom to approve a six-month e�tension of Rezoning Request,
ZOA #OS-03, by 7LT Group, generally located at 5601 East River Road. Seconded by
Councilmember Saefke.
UPON VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION
CARRIED UNANIMOUSLY
Councilmember Bolkcom asked staff to send something back to petitioner in writing that this is
the last e�tension and Council will need something concrete presented by March of 2009.
16. Informal Status Report.
William Burns, City Manager, said that on Wednesday from 4:30 p.m. to 7:30 p.m. a mortgage
foreclosure workshop will be held. There will be five mortgage intervention counselors there.
Councilmember Bolkcom thanked those people who participated in the Art at Rice Creek event.
Mayor Lund said the Fridley Lions Club pancake breakfast will be at Applebee's by Menard's
on Highway 65 Saturday, September 27. Also, the Lions and `49ers Committee will team up for
and October Fest on September 27 from 2:00 p.m. to 8:00 p.m. at Commons Park.
Councilmember Varichak asked how the last paper shredding event went.
Mr. Hickok said that they shredded 2,SOO lbs of paper.
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 9:50 P.M.
Respectfully Submitted,
Krista Monsrud Scott J. Lund
Recording Secretary Mayor