06/10/1996 - 00002069�
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THE MINUTES OF THE REGULAR MEETING OF THE FRIDLEY CITY COUNCIL OF
JUNE 10, 1996
The Regular Meeting of the Fridley City Council was called to order
by Mayor Nee at 7:37 p m.
PLEDGE QF ALLEGIANCE:
Mayor Nee led the Council and audience in the Pledge of Allegiance
to the Flag.
ROLL CALL:
MEMBERS PRESENT
MEMBERS ABSENT
Mayor Nee, Councilwoman Jorgenson, Councilman
Billings, Councilman Schneider, and Council-
woman Bolkcom
None
FRIDLEY `49ER DAYS CELEBRATIOIQ.
Mr. Hal Hinchliffe, President of Fridley `49er Days, invited
Council and al1 residents to attend the `49er Days celebration
which begins with a parade on ThursdaV evening. He outlined the
events taking place during this celebration. He said that buttons
are on sale at SuperAmerica stores.
APPROVAL OF MINUTES:
COUNCIL MEETING, MAY 20, 1996:
MOTION by Councilwoman Jorgenson to approve the minutes as
presented. Seconded by Councilman Schneider. Upon a coice vote,
al1 voting aye, Mayor Nee declared the motion carried unanimously
APPROVAL OF PROPOSED CONSENT AGENDA:
NEW BUSINESS:
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RECEIVE THE MINUTES OF THE PLANNING CONMISSION MEETING OF MAY
15, 1996•
RECEIVED THE MINUTES OF THE PLANNING COMMISSION MEETING OF MAY
15, 1996.
SPECIAL USE PERMIT, SP #96-10, BY GLEPd DOUGLAS� TO ALLOW AN
ACCESSORY BUILDING OTHER THAN THE FIRST ACCESSORY BUILDING,
N.E.
� Mr. Burns, City Manager, stated thaL this is a request for a
special use permit to allow the construction of a second
accessory structure over 240 square feet. The petitioner is
proposing to construct a 20 foot by 24 foot detached metal
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FRIDLEY CITY COUNCIL MEETNG OF SUNE 10, 1996
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structure in his rear yard. The building would be used for
hobby related woodworking.
Mr. Burns stated that the Planning Commission has recommended
approval with the stipulations that the accessory structure be
architecturally compatible with the existing dwelling, that it
be constructed of similar materials, and that the structure
shall at no time be utilized for a home occupation. The
petitioner agrees to the stipulations, and staff recommends
approval.
APPROVE EASEMENT AGREEMENT BETWEEN THE CITY OF FRIDLEY AND
TRILLIUM CORPORATION, GENERALLY LOCATED AT 61ST WAY AND ASHTON
AVENUE (WARD 3):
Mr. Burns, City Manager, stated that Trillium Corporation is
selling a parcel of property to Trr Star Insulation who will
construct an office/warehouse on the site This parcel, while
having access to East River Road, does not provide direct
southbound travel due to the median in East River Road. In
order to gain access to 61st Way and the signaled inter-
section, Trillium is granting an access easement on its
property ad�acent to the easterly property line of the parcel.
Trillium has requested permission from the City to use a
portion of the 61st Way right-of-way east of Ashton Avenue to
obtain access to the signaled intersection
Mr. Burns stated that this easement agreement indemnifies the
City from all claims arising from use of the right-of-way and
requires Trillium to construct and maintain the proposed
access road for Tri-Star Insulation. The City Engineer does
not ob�ect to granting the easement and staff recommends
approval.
APPROVED THE EASEMENT AGREEMENT WITH TRILLIUM CORPORATION.
RECEIVE BIDS AND AWARD CONTRACT FOR 1996 STREET IMPROVEMENT
PROJECT NO 1996-10 (SEALCOAT).
Mr. Burns, City Manager, stated that four blds were received
for the 1996 sealcoat pro�ect, and Lhe low bidder was Asphalt
Surface Technologies Corporation (ASTECH) in the amount of
$174,315.86. There are 327,578 square yards of sealcoating
to be completed including 160,000 square yards that were
originally to be done in 1995 The bid was less than
estimated, and it was felt this was due to the large size of
the pro�ect. Mr Surns said that staff recommends the bids be
received and the contract awarded to ASTECH.
RECEIVED THE FOLLOWING BIDS FOR THE 1996 STREET IMPROVEMENT
PROJECT NO. 1996-10 (SEALCOAT): Astech Corporation,
$174,315.86; Allied Blacktop, $178,885 17, Bituminous
Roadways, $191,363.00; and Caldwell Asphalt, $217,101.82. THE
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FRIDLEY CITY COUNCIL MEETNG OF JUNE 10, 1996 PAGE 3
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CONTRACT WAS AWARDED TO THE LOW BIDDER, ASTECH, IN THE AMOUNT
OF $174,315.86.
RECEIVE BIDS AND AWARD CONTRACT FOR 1996 STREET IMPROVEMENT
PROJECT N0. ST. 1996-ll (SLURRY SEAL):
Mr. Burns, City Manager, stated that two bids were received
for the 1996 slurry seal pro�ect, and the low bidder was
Struck and Irwin Paving, Inc. in the amount of $33,278.52.
The low bid was slightly over the estimate of $33,D00;
however, the sealcoat pro�ect was under estimate so both
pro�ects can be completed within the budgeted amount.
Mr. Burns said that staff recommends the bids be received and
the contract awarded to Struck and Irwin Paving, Inc. of
Madison, Wisconsin.
RECEIVED THE
PROJECT NO.
PAVING, INC.,
THE CONTRACT
PAVING, INC.
$33,278.52.
FOLLOWING BIDS FOR THE 1996 STREET IMPROVEMENT
ST. 1996-11 (SLURRY SEAL) STRUCK AND IRWIN
$33,278.52 AND BITUMINOUS ROADWAYS, $35,497.09.
WAS AWARDED TO THE LOW BIDDER, STRUCK AND IRWIN
OF MADISON, WISCONSIN IN THE AMOUNT OF
APPROVE CHANGE ORDER N0. 3 TO STREET IMPROVEMENT PROJECT N0.
ST. 1995-1 & 2:
Mr. Burns, City Manager, stated that last year the University
Avenue/60th Avenue slip off portion of this pro�ect was
removed until such time as an agreement was executed between
the City and State The state is preparing the agreement so
that this slip off can be completed. The cost for this change
will be $11,477.15, and staff recommends approval of this
change order to reinstate the slip off into the pro�ect.
AUTHORIZED CHANGE ORDER NO. 3 TO STREET IMPROVEMENT PROJECT
NO. ST 1995-1 & 2 WITH HARDRIVES, INC. IN THE AMOUNT OF
$11,477.15.
RESOLUTION N0. 43-1996 REQUESTING IPdFILTRATION AND IPd-FLOW
FUNDS FROM THE METROPOLITAN COUNCIL FOR SANITARY SEWER
Mr. Burns, City Manager, stated that the Metropolitan Council
Environmental Services Division is offering matching grants
for infiltration/in-flow studies_ There have been a number of
discussions about the amount of flow in the Fridley sewer
system, and staff recommends that the City apply for an
infiltration and in-flow study grant �o determine whether or
not there is any excessive problems in our sanitary sewer
system. The necessary funds of $12,500 are available in the
Sewer Enterprise Fund.
ADOPTED RESOLUTION NO. 93-1996
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FRIDLEY CITY COUNCIL MEETNG OF JUNE 10, 1996
8. CLAIMS:
AUTHORIZED PAYMENT OF CLAIMS NO. 68205 TAROUGH 68512
9. LICENSES:
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APPROVED THE LICENSES AS SUBMITTED AND AS ON FILE IN THE
LICENSE CLERK'S OFFICE
10. ESTIMATES:
APPROVED THE ESTIMATES, AS FOLLOWS:
Frederic W. Knaak, Esq
Holstad and Larson, P.L.0
3535 Vadnais Center Drive
SL. Paul, NiN 55110
Services Rendered as City Attorney
for the Month of May, 1996 .....
Barna, Guzy & Steffen, Ltd.
400 Northtown Financial Plaza
200 Coon Rapids Boulevard, N.W.
Coon Rapids, MN 55435-5489
Legal Services Rendered for the
Month of May, 1996 . . . . .
Hardrives, Inc
14475 Quiram Drive
Rogers, MN 55374-9461
1995 Street Improvement Pro�ect
No. ST. 1995-1 & 2
Estimate No. 3 . . . . . . .
Landmark Concrete
17630 Highway 65, N E.
Ham Lake, MN 55304
. . $ 4,250.00
. . . . $ 87.50
1996 Miscellaneous Concrete Curb and
Gutter and Sidewalk Pro�ect No. 294
Estimate No. 1 . . . . . .. . .
Schield Construction Co.
13604 Ferris Avenue 5outh
Apple Valley, MN 55124
Stonybrook Creek Bank Stabilization
Pro�ect No. 246
Estimate No. 4 . . . . . . . . . .
$24,472 00
. . .$11,498.61
$11,304.25
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FRIDLEY CITY COUNCIL MEETNG OF JUNE 10, 1996 PAGE 5
No persons in the audience spoke regarding the proposed consent
agenda items.
Councilwoman Jorgenson requested that Item 2 be removed from the
consent agenda.
MOTION by Councilman Schneider to approve the consent agenda items
with the deletion of Item 2. Seconded by Councilwoman Bolkcom.
Upon a voice vote, all voting aye, Mayor Nee declared the motion
carried unanimously
ADOPTION OF AGENDA•
MOTION by Councilman Schneider to adopt
addition of Item 2 from the consent
Councilwoman Jorgenson. Upon a voice vote,
Nee declared the motion carried unanimously.
OPEN FORUM, VISITORS:
the agenda with the
agenda. Seconded by
all voting aye, Mayor
MR. RODGER CAREY, 10270 MISSISSIPPI BLVD., COON RAPIDS, MN.
Mr. Rodger Carey, owner of property at 7857-61 Firwood Way, stated
that he was unable to attend any of the meetings on the hard
� surface driveway issue. However, the legality of his driveway was
established by an Anoka County Court decision signed March 23,
1982. He stated that the City is aware of this but is still trying
to force him into an expense that is not needed. It is bureaucracy
at its worst. Mr. Carey stated that his tenants park in front of
their garages, and a hard surface will not define the "orderly
parking." The proposed ordinance is one of conformity not of
common sense.
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Mr. Carey distributed a copy of his letter to Council and said thaL
he also sent a copy to attorney Joseph Anderson and the Minnesota
Multi-Housing Association
Mayor Nee asked Mr_ Carey if he had a copy of the court order
Mr. Carey stated that the City is aware of this order. The trial
was in December, 1981, and the order issued March 23, 1982
Councilwoman Bolkcom asked Mr. Hick_ok, Planning Coordinator, to
comment on the hard surface driveway issue
Mr. Hickok stated that staff has conducted surveys on those
properties in the City that have gravel driveways. The results
will be submitred to Council as discussion continues on the �ssue
of hard surface driveways.
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PUBLIC HEARINGS:
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11. PUBLIC HEARING ON THE VACATION OF AN EASEMENT IN THE SOUTHWEST
QUADRANT PROJECT AREA, SAV #95-02, (WARD 1):
MOTION by Councilman Billings to waive the reading of the public
hearing notice and open the public hearing. Seconded by Councilman
Schneider. Upon a voice vote, all voting aye, Mayor Nee declared
the motion carried unanimously and the public hearing opened at
8:00 p.m
Ms Dacy, Community Development Director, stated that the easement
to be vacated is located in the Southwest Quadrant of Mississippi
Street and University Avenue. The site is now under construction
by Rottlund Homes.
Ms. Dacy stated that at the closing of this property, it was
discovered that this easement was not included in the ordinance
that vacated a number of right-of-ways and easements. The easement
was retained in 1964, and the utilities that were located in this
easement have since been removed. She stated that there is no
adverse impact to vacate this easement.
No persons in the audience spoke regarding the proposed vacation of
this easement.
MOTION by Councilman 5chneider to close the public hearing.
Seconded by Councilwoman Bolkcom. Upon a voice vote, all voting
aye, Mayor Nee declared the motion carried unanimously, and the
public hearing closed at 8.02 p.m.
NEW BUSINESS•
2. SPECIAL USE PERMIT, SP #96-10, BY GLEPS DOUGLAS, TO ALLOW AN
ACCESSORY BUILDING OTHER THAN THE FZRST ACCESSORY BUSLDING,
OVER 240 SQUARE FEET, GENERALLY LOCATED AT 871 66TH AVENUE
Councilwoman Jorgenson stated that in the checiclist for this
special use permit, It2m 5 states that "this will be a one man shop
for some tzme to come." She asked Mr. Douglas if he was aware of
the home occupation ordinance.
Mr. Douglas, the petitioner, stated that he is aware of the home
occupation ordinance and does not intend for this hobby to become a
home occupation.
MOTION by Councilwoman Jorgenson to grant Special Use Permit, SP
� #96-10, to allow an accessory building over 240 square feet at 871
66th Avenue, with the following stipulations� (1) the accessory
structure shall be architecturally compatible with the existing
dwelling and shall be constructed of similar materials, and (2) the
structure shall at no time be utilized for a home occupation.
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FAIDLEY CITY COUNCIL MEETNG OF JUNE 10, 1996 PAGE 7
Seconded by Councilwoman Bolkcom. Upon a voice vote, all voting
aye, Mayor Nee declared the motion carried unanimously.
12. SPECIAL USE PERMIT, SP #96-05, BY MENARD'S, INC., TO ALLOW
AGENCIES SELLING OR DISPLAYING RECREATIONAL VEHICLES, BOATS
AND MAFtINE EQUIPMENT, MACHINERY, MAN[JFACTURED HOMES, OR OTHER
SIMILAR ENTERPRISES HAVING MERCHANDISE IN THE OPEN AND NOT
WITHIN AN ENCLOSED STRUCTURE, GENERALLY LOCATED AT 965 53RD
AVENUE N.E.
SPECIAL USE PERMIT, SP #96-06, BY MENARD'S, INC
UNSCREENED EXTERIOR S
N.E. (WARD
TO ALLOW
SPECIAL USE PERMIT, SP #96-07, BY MENARD'S INC., TO ALL06d
AGENCIES SELLING OR DISPLAYING RECREATIONAL VEHICLES, BOATS
WITHIN AN ENCLOSED STRUCTURE, GENERALLY LOCATED AT SZU/
CENTRAL AVENUE N.E. (WARD 1):
Mr. Hickok, Planning Coordinator, stated that these are three
requests for special use permits by Menard's. Menard's plans to
� expand their business and purchase the ad�acent Skywood P4all
Special use permit, SP #96-05, allows merchandise in the open but
not within an enclosed structure. In the front of Menard's there
is unscreened storage of materials, and that is the reason for the
special use permit.
Mr. Hickok stated that Special Use Permit, SP #96-06, allows
unscreened exterior storage of materials. In the rear yard of
Menard's there are materials stored in the open and is the reason
for this special use permit
Mr. Hickok stated that Special Use Permit, SP #96-07, allows
merchandise in the open and not within an enclosed structure on the
Skywood Mall site. Menard's plans to remodel the Skywood Mall site
and the entire west face of the mall to allow direct access for
retailers.
Mr. Hickok stated that another special use permit which would have
allowed unscreened exterior storage on the Skywood Mall site was
withdrawn by Menard's.
Mr. Hickok presented a video of the site showing the views from
Skywood Court and Taylor Street. He also presented a video on the
Menard's store in Woodbury where Menard's purchased a mall to
expand their business.
' Mr Hickok stated that the yard barn location on the north end of
Menard's would be remodeled, and the display in front would be
condensed. The existing southern portion of the Menard's store,
which is now bulk storage, will be remodeled for retail. The
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FRIDLEY CITY COUNCIL MEETNG OF JUNE 10, 1996 PAGE 8
Skywood Mall site would be redesigned to be more nf an open
warehouse.
Mr. Hickok stated that these items were before the Appeals
Commission and Planning Commission. Staff's original recommenda-
tion was for denial. After further discussions and neighborhood
meetings, staff re-evaluated the plan, and a number of
modifications were completed. The Planning Commission recommended
approval of these three special use permits with stipulations He
stated that in summary, the stipulations included features such as
downcast lighting, emergency access, control of intercom devices,
additional landscaping, and cleanliness of the site
Mr. Hickok stated that staff recommends that Council concur with
the recommendation of the Planning Commission to approve these
special use permits with the stipulations.
Councilwoman Bolkcom stated that some of the concerns over the
years were the appearance and cleanliness of the site. Her biggest
concern is to have the property maintained. She asked what
guarantees the City would have to make sure that the site is
maintained properly. History shows this was not done in the past,
and there were many complaints from the neighborhood.
� Mr. Hickok stated that with
has a means for enforcement.
if the petitioner does not
substantial letter of credit
the sound wall is completed.
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the special use permits, the City now
A special use permit can be revoked
comply with the stipulations. A
will also be required to ensure that
Councilman Schneider asked if a performance bond could be required
because of the past history.
Mr. Hickok stated that this has not been considered, however, if
this is Council's desire, staff could check into �t further
Councilman Schneider stated that he would like to make sure
Menard's proceeds with their promises because there is no
credibility that has been established in the past. He would have a
hard time approving these permits without some means of
enforcemenL.
Mayor Nee stated that there seems to be no limitation on the
display of inerchandise.
Mr. Hickok stated that this was a concern of the Planning
Commission and is the reason for the stipulations They did not
want the display to expand in other areas The only displays that
are allowed are the yard barns and fence.
Mr. Hickok stated that in Special Use Permit, Sp #96-06, language
is included that the fence display be moved to an area north of the
existing Menard's entrance. Tn Special Use Permits, SP #g6-O5 and
1 FRIDLEY CITY COUNCIL MEETNG OF JUNE 10, 1996 PAGE 9
SP #96-07, language was added to Stipulation No. 4 regarding the
vantage point being six feet above the north, west, and south
property lines.
Councilwoman Jorgenson asked if there will only be one main
entrance for Menard's.
Mr. Hickok stated that the road now leading into Menard's will be
the access location to the yard.
Councilwoman Jorgenson stated that, currently, there are other
vehicles accessing that location, and it is difficult to see
vehicles coming out of the area. She is concerned about traffic
safety. She asked if there would be traffic control for vehicles
leaving Menard's.
Mr. Hickok stated that the importance of the menu board and signage
has been emphasized for the site Menard's has assured the City
that they want a safe flow of traffic for their customers and
perhaps they could address this issue
Councilwoman Sorgenson asked what type of fence would be installed
and the maintenance it would require.
� Mr. Hickok stated that the fence would be wood tongue and groove
and require on-going maintenance.
Councilman Schneider asked what assurances the City would have that
the fence would be maintained.
Mr. Hickok stated that this issue would be covered by the code and
staff enforcement of the ordinances.
Mr. Gary Colby, representing Menard's, stated �hat he would admit
there is not a good history with this site and that compla�nts were
handled very poorly. What they are trying to accomplish is to
improve the site, not only for Menard's, but for the City and the
neighbors.
Mr. Colby stated that discussions began many months ago on their
plans with compromises and changes. Solving the problems will be
an on-going process. Menard's needs more space, and the expansion
will a11ow them to correct the overcrowded conditions. The
expansion to Skywood Mall allows the warehouse to be moved and to
have more of it enclosed. He stated that the existinq eXterior
warehouse will be enclosed and used for retail space.
Mr. Colby stated that on the question of enforcement, he
� understands the City's concerns. There has not been a good
history, and that has been a topic of discussion, not only with the
Planning Commission but also City staff. The special use permits
give the City a means for enforcement.
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FRIDLEY CITY COUNCIL MEETNG OF JUNE 10, 1996 PAGE 10
Mr. Co1by stated that �t is not their intent to sell recreational
vehicles or motor homes, but their request falls under a sma11
category of that section of the ordinance. They would install a 20
foot tongue and groove fence and, in some areas, it would be 24
feet high. He felt th�s would keep any yard debris on their
property, not on the neighbors'. He felt there would always be
some parking lot debris. There should be an on-going process
between the store manager and employees so if there is a problem,
it will be handled.
Councilman Schneider asked Mr. Colby how long he has been employed
with Menard's.
Mr. Colby stated that he has been employed for twelve years, but
this is the first time he has personally been incolved in the
Fridley store.
Councilman Schneider asked Mr Colby why he would expect things to
change. He felt that the plans were very good, but he has
lingering doubts about the promises
Mr. Colby stated that he has been aware of the problem, but it is
now his problem. He wishes to improve the situation, and he felt
the City has the means of enforcement with the special use permits.
Councilman Schneider asked if Menard's has any existing special use
permits.
Mr. Hickok stated that no special use permits have been issued, as
this is an existing non-conforming use. With the expansion, the
existing non-conforming status is removed, and Menard's must
conform to a11 the ordinances.
Mr. Bruce Malkerson, attorney for Sky�aood Mall, stated that cities
usually hace problems with legal non-conforming uses. When
Menard's expands, they will have the special use permits and no
longer are a non-conforming use. If they do not comply with the
ordinances, the City can recoke the special use permits. With the
special use permits, there is a means for the City to prosecute any
violations.
Councilman Schneider stated that revoking a special use permit is a
drastic measure which the City does not take lightly. It is also
very costly, and this eXtreme action is taken for only a very
gr�evous problem. If there was an on-going performance bond over a
period of years it would be in the interests of the petitioner to
comply
Mr. Malkerson stated that he felt the revocation has worked well in
the courts, and the threat of prosecution is effective. No
businesses should be put zn that position, as the �udges wlll not
put up with it. It would be a disaster for Menard's to have the
special use permits revoked.
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FRIDLEY CITY COUNCIL MEETNG OF JUNE 10, 1996 PAGE 11
Mr. Co1by stated that an on-going performance bond would not be
acceptable. The construction bond was large enough.
Councilman Schneider asked the cost for the performance bond
Mr. Hickok stated that he did not know the exact cost. The City is
requesting fifty percent of the cost of construction for the wall
rather than the normal three percent because of the past history.
Mr. Knaak, City Attorney, stated that he felr Mr. Malkerson
explained the law very plainly. In regard to a performance bond,
it is a fairly unusual approach. A performance bond would require
the performance of very specific actions. If there is a failure,
the City could use those funds to accomplish specific acts. He did
not know what would be gained from a performance bond unless there
are certain concrete issues that need to be done.
Mr. Knaak stated that regarding general kinds of behavior, as
opposed to structures, the special use permit review process is
used. The Council can review the special use permrt annually, or
some other reasonable time, or if there are complaints. He did not
know what would be gained by a performance bond. In fact, if it
was necessary to prove a violation occurred, there needs to be some
kind of due process. If a problem arose, he did not know if it
would be solved any faster by using a performance bond rather than
the normal process. He believed the procedure in place for review
of special use permits is a better way to proceed.
Councilman Schneider suggested that perhaps there could be an
annual review and grading system by staff and Menard's. If scores
are too low the City could consider revocation of the special use
permit.
Mr. Knaak stated that the revi2w process is standard and would
certainly be within the City's rights
Mr. Malkerson stated that he would agree with Mr Knaak's comments
He felt that the special use permits were the greatest enforcement
mechanism. If Menard's received a citation for trash it would be
much cheaper for them to remove the debris than to hire attorneys
to go to court.
Ms. Mary Niatthews, 1259 Skywood Lane, felt that the Menard's plan
was a reasonable compromise which too}c over twenty years to get to
this point. She appreciates the on-going concern because of the
past hlstory and the fact that Mr. Colby is trying to rectify the
situation. The City has some means of enforcement if the special
use permlts are approved, which has not been the case in the past.
Ms. Matthews felt that it may help reduce the noise with some of
the improvements proposed
Councilwoman Jorgenson asked Ms. Matthews if she felt the sound
wall would help reduce the noise.
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Ms. Matthews stated that truck deliveries are at different hours,
but the loading and unloading will be behind the 24 foot barrier.
She hoped this would reduce the noise. To regulate the hours of
operation is out of the question. She did feel concern about
traffic safety, and said a warning sign may be helpful.
Mr. Co1by stated that Menard's also was concerned about traffic
safety. By recessing the gate, customers are not trying to
accomplish two functions at once (getting out of the gate and into
traffic) but concentrating on only one at a time.
MOTION by Councilman Billings to concur with the recommendation of
the Planning Commission and grant special use permit, SP #96-05,
with the following stipulations: (1) prior approval of Variance
Request, VAR #96-10, allowing a 20 foot by 24 foot high (rather
than maximum not to exceed building height) accessory structure in
a C-3, Shopping Center District; (2) all light fixtures shall be of
a downcast design and shall not create a horizontal glare; (3)
additional landscaping shall be required surrounding the base of
the new wall to soften the visual impact of the large structure on
the surrounding landscape. Materials for this plan shall be
reviewed and approved prior to installation; (4) no materials shall
be stored in a manner that allows them to be viewed from a vantage
point outside of the fenced area; (5) the fence enclosure sha11 be
� properly maintained and kept in good repair; (6) there shall be no
outdoor sales of fertilizer, pesticides, or other potential
pollutants; (7) emergency access knock down panels shall be
incorporated into the rear yard area for emergency purposes; (R)
all emergency access routes shall be kept free from materials,
display and clutter that will block or deter the safe passage of
emergency vehicles, (9) all intercom devices shall be utilized in a
manner and at a volume that does not negatively impact ad�acent
properties; (10) a11 building modifications shall be reviewed and
approved by the City Building Official prior to commencement of
construction; (11) access into and out of the storage area shall be
clearly marked for customer clarity; (12) all exterior building
surfaces shall be finished in an attractive manner that is
architecturally compatible with the principal building; (13) the
property shall be kept free of all debris; and (14) 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 Seconded by
Councilwoman Bolkcom
MOTION by Councilman Billings to amend stipulation No. 4, SP
#96-05, as follows. (4) no materials shall be stored in a manner
that allows them to be viewed from a vantage point outside of the
fenced area. Said vantage point being six feet above the north,
� west, and south property lines. Seconded by Councilman Schneider.
Upon a voice vote, all voting aye, Mayor Nee declared the motion
carried unanimously.
Councilwoman Jorgenson asked if there should be language added
FRIDLEY CITY COUNCIL MEETNG OF JUNE 10, 1996 PAGE 13
� regarding an annual review by staff and brought to Council, if
deemed necessary.
Councilman Billings asked if this places limits on when the special
use permit can be reviewed by adding language for an annual review
Mr Knaak stated that he felt there should at least be an annual
review. If Council is going to be specific regarding these special
use permits, he would suggest that the review shall be in
compliance with these terms at least annually. Further, that
failure of the City to conduct any such review, or make any
findings of non-compliance, shall not operate as a waiver of the
City's right or authority to do so in any future review or
consideration of compliance.
MOTION by Councilwoman Jorgenson to add Stipulation No. 15 to SP
#96-05, as follows• (15) The City shall review compliance of these
terms, at its sole discretion, at least annually. Failure of the
City to conduct any such review or make any findings of non-
compliance, shall not operate as a waiver of the City' s right or
authority to do so in any future review or consideration of
compliance. Seconded by Councilman Schneider. Upon a voice vote,
all voting aye, Mayor Nee declared the motion carried unanimously.
� UPON A VOICE VOTE TAKEN ON THE MAIN MOTION, all voted aye, and
Mayor Nee declared the motion carried unanimously.
MOTION by Councilman Billings to concur with the recommendation of
the Planning Commission and grant Special Use Permit, SP #96-06,
with the following stipulations. (1) all outdoor storage and
display of inerchandise (except yard barn/accessory buildings) on
the north, west and south building faces shall be removed so as not
to be vislble from the public right-of-way; (2) no future outdoor
display of inerchandise shall be permitted without review and
approval of a special use permit by the City of Fridley; (3) all
yard barns and accessory buildings shall be moved to an area north
of the existing Menard's storefront; (4) no yard barn or accessory
building shall extend further west than the front corner of the
existing building, (5) all modification to fence and gate to
accommodate the yard barn/accessory structure display sha11 be
reviewed and approved by the City Building Official prior to
construction; (6) any architectural detail of the display or
modification shall be consistent with the architectural detail of
the primary structure, (7) the yard barn/accessory building dlsplay
shall be kept free of debris; and (8) 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. Seconded by Councilwoman Jorgenson.
� MOTION by Councilman Billings to amend stipulations No. l, 2, and
3, of SP #96-06, as follows (1) all outdoor storage and display
of inerchandise (except yard barn/accessory buildings, and fence
display at the northwest corner of the west elevation) on the
� FRIDLEY CITY COUNCIL MEETNG OF NNE 10, 1996 PAGE 14
north, west and south building faces shall be removed so not to be
visible from the public right-of-way. (2) no additional future
outdoor display of inerchandise shall be permitted without a review
and approval of a special use permit by the City of Fridley. (3)
all yard barns and accessory buildings and fence displays shall be
moved to an area north of the existing Menard's entrance. Seconded
by Councilman Schneider. Upon a voice vote, all voting aye, Mayor
Nee declared the motion carried unanimously.
MOTION by Councilwoman Sorgenson to add stipulation No. 9 to SP
#96-06, as follows: (9) The City shall review compliance of these
terms, at its sole discretion, at least annually. Failure of the
City to conduct any such review, or make any findings of non-
compliance, shall not operate as a waiver of the City's right or
authority to do so in any future review or consideration of
compliance. Seconded by Councilwoman Bol�com. Upon a voice vote,
all voting aye, Mayor Nee declared the motion carried unanimously.
UPON A VOICE VOTE TAKEN ON THE MAIN MOTIOPd, all voted aye, and
Mayor Nee declared the motion carried unanimously.
MOTION by Councilman Billings to concur with the recommendation of
the Planning Commission and grant Special Use Permit, SP #96-07,
with the following stipulations: (1) prior approval of Variance
� Request, VAR #96-10, allowing a 20 by 24 foot high (rather than
maximum not to exceed building height) accessory structure in a
C-3, Shopping Center District; (2) all light fixtures shall be of a
downcast design and shall not creaLe a horizontal glare, (3)
additional landscaping shall be required surrounding the base of
the new wall to soften the visual impact of the large structure on
the surrounding landscape. Materials for this plan shall be
reviewed and approved prior to installation; (9) no materials shall
be stored in a manner that allows them to be viewed from a vantage
point outside of the fenced area; (5) the fence enclosure shall be
properly maintained and kept in good repair, (6) there shall be no
outdoor sales of fertilizer, pesticides, or other potential
pollutants; (7) emergency access knock down panels shall be
incorporated into the rear yard area for emergency purposes; (8)
a11 emergency access routes shall be kept free from materials,
display and clutter that wi11 block or deter the safe passage of
emergency vehicles; (9) all intercom devices shall be utilized in a
manner and at a volume that does not negatively impact ad�acent
properties; (10) all building modifications shall be reviewed and
approved by the City Building Official prior to commencement of
construction; (11) access into and out of the storage area shall be
clearly marked for customer clarity; (12) all exterior building
surfaces shall be finished in an attractive manner that is
archrtecturally compatible with the principal buildzng; (13) the
� property shall be kept free of all debris, and (14) 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 Further, stipulation
No. 4 is amended to read as follows: (4) no materials shall be
FRIDLEY CITY COUNCIL MEETNG OF JUNE 10, 1996 PAGE 15
� stored in a manner that allows them to be viewed from a vantage
point outside of the fenced area. Said vantage point being six
feet above the north, west, and south property lines Seconded by
Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor
Nee declared the motion carried unanimously.
MOTION by Councilwoman Jorgenson to amend SP #96-07 by adding the
following stipulation: (15) The City shall review compliance of
these terms, at its sole discretion, at least annually. Failure of
the City to conduct any such review, or make any findings of non-
compliance, shall not operate as a waiver of the City's right or
authority to do so in any future review or consideration of
compliance. Seconded by Councilman Schneider. THIS MOTION WAS OUT
OF ORDER SINCE A VOTE HAD ALREADY BEEN TAKEN ON THE MAIN MOTION.
MOTION by Councilman Schneider to re-consider special use permit,
SP #96-07. Seconded by Councilwoman Bolkcom Upon a coice vote,
all voting aye, Mayor Nee declared the motion carried unanimously.
MOTION by Councilwoman Jorgenson to grant special use permit, SP
#96-07, with the 14 stipulations and amended stipulation No. 4
contained in the original motion above, and with the addition of
Stipulation 15, as follows: (15) The City shall review compliance
of these terms, at its sole discretion, at least annually. Failure
, of the City to conduct any such review, or make any findings of
non-compliance, shall not operate as a waiver of the City's right
or authority to do so in any future review or consideration of
compliance Seconded by Councilman Schneider. Upon a voice vote,
all voting aye, Mayor Nee declared the motion carried unanimously.
13. VARIANCE REQUEST, VAR #96-10, BY MENARD'S, INC., TO INCREASE
THE MAXIMUM HEIGHT OF AN ACCESSORY STRUCTURE TO 24 FEET, WHICH
EXCEEDS THE HEIGHT OF THE PRINCIPAL BUILDING, TO ALLOW
CONSTRUCTION OF AN ACCESSORY STRUCTURE, GENERALLY LOCATED AT
965 53RD AV�NUE N.E. (WARD 1).
MOTION by Councilman Billings to concur with the unanimous
recommendation of the Appeals Commission and grant Variance
Request, VAR #96-10, with the following stipulations: (1) the
screening wall shall be constructed within one year of approval of
the variance; (2) the petitioner shall provide a performance bond
in the amount of 50 percent of the value of the wall to ensure
construction of the structure; and (3) the petitioner shall comply
with stipulations of SP #96-05, SP #96-06, and SP #96-07. Failure
to construct the accessory structure will be grounds for immediate
revocation of these special use permits. Seconded by Councilwoman
Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared
the motion carried unanimously.
� 19. INFORMAL STATUS REPORTS:
Mr. Burns, City Manager, stated that in the conference session he
would like to discuss the conceptual proposul for improvements to
�
�
�
FRIDLEY CITY COUNCIL MEETNG OF JUNE 10, 1996
F[.
the senior center and other recreational facilities; results of the
gravel driveway survey; and the housing action p1an.
ADJOURNMENT :
MOTION by Councilman Schneider to ad�ourn the meeting. Seconded by
Councilwoman Bolkcom. Upon a voice vote, all voting aye, Mayor Nee
declared the motion carried unanimously and the Regular Meeting of
the Fridley City Council of June 10, 1996 ad�ourned at 9:34 p.m.
Respectfully submitted,
-E�.c.�c'.� �.� %�F�
Carole Haddad
Secretary to the City Council
VV �
William J. Ne
Mayor