03/01/1999 - 00000453THE MINUTES OF THE REGULAR MEETING OF THE FRIDLEY CITY COUNCIL
OF MARCH 1, 1999
The Regular Meeting of the Fridley City Council was called to order by Mayor Jorgenson at
7:33 p.m.
PLEDGE OF ALLEGIANCE:
Mayor Jorgenson led the Council and audience in the Pledge of Allegiance to the Flag.
ROLL CALL:
MEMBERS PRESENT: Mayor Jorgenson, Councilmember Barnette, Councilmember
Billings, Councilmember Wolfe, and Councilmember Bolkcom
MENIBERS ABSENT: None
PROCLAMATION:
Fridley History Month — March, 1999:
Mayor Jorgenson read a proclamation declaring March 1999 as Fridley History Month in the City
of Fridley.
PRESENTATION:
Fridley's SOt'` Anniversary Celebration Calendar of Events:
Ms. Dorothy Gargaro, member of the Fridley's SOt'` Anniversary Task Force, presented Council
with an official calendar of events for the SOt'` Anniversary Celebration. She gave a brief rundown
of the events, noting that the first event, Winter Critter Carnival at the Springbrook Nature
Center, has already been held. The scheduled events take into consideration both historical and
future elements of Fridley. Ms. Gargaro invited all residents to participate in the events that will
be held throughout 1999.
APPROVAL OF MINUTES:
Re�ular Citv Council Meetin� of Februarv 22, 1999:
MOTION by Councilmember Bolkcom to approve the minutes of the Regular City Council
meeting of February 22, 1999 as presented in writing. Seconded by Councilmember Billings.
UPON A VOICE VOTE, ALL MEMBERS VOTING AYE, MAYOR JORGENSON
DECLARED THE MOTION CARRIED UNANIMOUSLY.
FRIDLEY CITY COUNCIL MEETING OF MARCH 1, 1999 PAGE 2
APPROVAL OF PROPOSED CONSENT AGENDA:
NEW BUSINESS:
1. RESOLUTION NO. 22-1999, AMENDING RESOLUTION NO. 68-1998 TO
AMEND THE GEOGRAPHIC AREA FOR THE ALTERNATIVE URBAN
AREAWIDE REVIEW FOR THE MEDTRONIC INC. CAMPUS AT THE
NORTHWEST CORNER OF I-694 AND HIGHWAY 65:
Mr. Burns, City Manager, explained that this action would amend the geographic area for
Medtronic's AUAR. The amendment reflects the addition of seven single-family lots
proposed for acquisition by Medtronic. By adding this area, the City would commit to
analyzing it for impacts of the Medtronic project.
APPROVED ADOPTION OF RESOLUTION NO. 22-1999, AMENDING
RESOLUTION NO. 22-1998 TO AMEND THE GEOGRAPHIC AREA FOR THE
ALTERNATIVE URBAN AREAWIDE REVIEW FOR THE MEDTRONIC INC.
CAMPUS AT THE NORTHWEST CORNER OF I-694 AND HIGHWAY 65.
2. RESOLUTION NO. 23-1999, AUTHORIZING APPLICATION TO THE
METROPOLITAN COUNCIL FOR MNRRA PLAN FUNDING ASSISTANCE:
Mr. Burns, City Manager, explained that staff requested Council approval to apply for
National Park Service funds available through the Metropolitan Council. This funding
would be used to assess conformity of local plans and ordinances with 1VINRA's
"Comprehensive Management Plan" for the Mississippi River corridor. The application is
for a funding amount of $15,000. Mr. Burns noted that while the City is required to
match that amount, staff has been assured that the money already pledged for
comprehensive planning would be counted as the local match. The City's participation in
the grant does not commit Fridley to following 1VINRA guidelines; however, it will help to
pay for planning associated with development of the State mandated "Critical Areas Plan".
It would also cover the cost associated with the State mandated "Shoreland Management
Plan".
APPROVED THE ADOPTION OF RESOLUTION NO. 23-1999, AUTHORIZING
APPLICATION TO THE METROPOLITAN COUNCIL FOR MNRRA PLAN
FUNDING ASSISTANCE.
3. CLAIMS:
APPROVED PAYMENT OF CLAIM NOS. 85780 THROUGH 85869.
4. LICENSES:
APPROVED LICENSES AS SUBMITTED.
FRIDLEY CITY COUNCIL MEETING OF MARCH 1, 1999 PAGE 3
5. ESTIMATES:
APPROVED ESTIMATES AS FOLLOWS:
Frederic W. Knaak, Esq.
Holstad and Knaak, P.L.C.
3535 Vadnais Center Drive
St. Paul, MN 55110
Services Rendered as City Attorney
For the Month of February, 1999 $5,000.00
MOTION by Councilmember Barnette to approve the consent agenda as presented. Seconded by
Councilmember Wolfe.
UPON A VOICE VOTE, ALL MEMBERS VOTING AYE, MAYOR JORGENSON
DECLARED THE MOTION CARRRIED UNANIMOUSLY.
ADOPTION OF AGENDA:
MOTION by Councilmember Barnette to move Item 9 and Item 10 to the front of the agenda,
immediately following Open Forum. Seconded by Councilmember Wolfe.
UPON A VOICE VOTE, ALL MEMBERS VOTING AYE, MAYOR JORGENSON
DECLARED THE MOTION CARRIED UNANIMOUSLY.
OPEN FORUM, VISITORS:
Mayor Jorgenson noted that this is the time set aside for residents to speak about issues not on
the agenda.
There were no questions or comments from the public.
PUBLIC HEARINGS:
9. CONSIDER REDUCING THE SOLID WASTE ABATEMENT PROGRAM
(SWAP) FEES IN 1999:
MOTION by Councilmember Bolkcom to waive the reading and open the public hearing at
7:50 p.m. Seconded by Councilmember Wolfe.
UPON A VOICE VOTE, ALL MEMBERS VOTING AYE, MAYOR JORGENSON
DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE PUBLIC
HEARING WAS OPENED AT 7:50 P.M.
FRIDLEY CITY COUNCIL MEETING OF MARCH 1, 1999 PAGE 4
Ms. 7ones, Planning Assistant/Recycling Coordinator, explained that there were two main reasons
why Fridley was considering reducing the SWAP fees at this time; one is due to the closure of the
Fridley Recycling Center and the other is the reduction in the curbside recycling contract costs
that were budgeted for 1999. Staff looked at two different options; reducing the fee in the
amount of seventy-five cents per quarter and reducing the fee in the amount of fifty cents per
quarter. She explained that reducing the fee by seventy-five cents per quarter would allow the
City to ma�mize the amount of SCORE funds for 1999 but provide too much revenue for 1999
and 2000. Therefore, it appeared that the reduction of fifty cents per quarter would be more
appropriate. The reduction would take effect with the April 1999 utility billing.
With no further questions or comments, there was a MOTION by Councilmember Bolkcom to
close the public hearing at 7:55 p.m. Seconded by Councilmember Billings.
UPON A VOICE VOTE, ALL MEMBERS VOTING AYE, MAYOR JORGENSON
DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE PUBLIC
HEARING WAS CLOSED AT 7:55 P.M.
NEW BUSINESS:
10. FIRST READING OF AN ORDINANCE AMENDING CHAPTER 113,
ENTITLED "SOLID WASTE DISPOSAL AND RECYCLING COLLECTION",
BY AMENDING SECTION 113.07, AND ALSO AMENDING CHAPTER 11,
ENTITLED "GENERAL PROVISIONS AND FEES", BY AMENDING SECTION
11.10, "FEES":
MOTION by Councilmember Barnette to approve the first reading of an ordinance amending
Chapter 113, Entitled "Solid Waste Disposal and Recycling Collection," by Amending Section
113.07, and also Amending Chapter 11, Entitled "General Provisions and Fees," by Amending
Section 11.10, "Fees". Seconded by Councilmember Bolkcom.
UPON A VOICE VOTE, ALL MEMBERS VOTING AYE, MAYOR JORGENSON
DECLARED THE MOTION CARRIED UNANIMOUSLY.
PUBLIC HEARINGS:
6. CONSIDER THE REVOCATION OF SPECIAL USE PERMIT #97-07, TO PAUL
LITWINCZUK, GRANTING APPROVAL TO MAINTAIN AN EXISTING
GARAGE, GENERALLY LOCATED AT 6291 CENTRAL AVENUE N.E.
(WARD 2):
Mr. Hickok, Planning Coordinator, provided Council with a brief summary of the Special Use
Permit process. He noted that there often are times where the Planning Commission must
consider placing stipulations on the special use permit application in order to assure that the
property continues to be compatible with the surrounding land uses. These stipulations assure
FRIDLEY CITY COUNCIL MEETING OF MARCH 1, 1999 PAGE 5
that there are litigating features to allow the uses to co-e�st. Both the Planning Commission and
the City Council must approve of the stipulations placed on the special use permit application.
Mr. Hickok noted that special use permits and conditional use permits are both terms used
interchangeably and both legally recognized by the state statutes. He explained that a conditional
use permit shall remain in effect as long as the conditions agreed upon are observed, but nothing
in the section shall prevent a municipality from enacting or amending official controls to change
the status of conditional uses. Under the language of the statute, the permit is only valid as long
as the conditions agreed upon are observed.
Mr. Hickok further stated that it is Mr. Knaak, the City Attorney's, opinion that if any conditions
are not (in staff's opinion) being met on the conditional use permits, the permits are no longer
valid in their entirety. The City Council cannot act on such situation until there has been a public
haring and a finding of the violation by the City Council.
MOTION by Councilmember Billings to open the public hearing at 8:00 p.m. Seconded by
Councilmember Barnette.
UPON A VOICE VOTE, ALL MEMBERS VOTING AYE, MAYOR JORGENSON
DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE PUBLIC
HEARING WAS OPENED AT 8:00 P.M.
Mr. Hickok explained that the subject property is located at 6291 Central Avenue N.E. In this
case, a special use permit was issued in 1997 to allow Mr. Paul Litwinczuk to allow him to keep
an existing garage on his property as an accessory structure. At the time Mr. Litwinczuk applied
for the special use permit, construction was underway for a new home on the property with an
attached garage.
Seven stipulations accompanied the approved special use permit; three of which Mr. Litwinczuk
has failed to adhere to. The violations include vehicles being parked off the hard-surface
riverway, no roofing and siding improvements to the existing garage to blend the building in with
the new home/garage, and lack of the required letter of credit. The special use permit stated that
failure to complete the project by October 1, 1998 should constitute a basis for establishing a
public hearing to revoke the special use permit. Therefore, staff recommended revoking the
special use permit. They also recommend that Mr. Litwinczuk request a new special use permit
through the formal process by Apri12, 1999. If an application has not been received by that date,
the garage shall be set on a demolition schedule whereby the owner of the property must remove
the second accessory building (garage) by May 1, 1999. If the garage is not removed and the
property properly restored by that date, the City will schedule demolition of the garage and site
restoration. All associated expenses would then be billed to the property owner.
Councilmember Barnette asked what Mr. Litwinczuk's intentions were. Mr. Hickok responded
that he had spoken with Mr. Litwinczuk Mr. Hickok said that Mr. Litwinczuk really did not
comment other than that he was aware of the City's intent to revoke the special use permit.
FRIDLEY CITY COUNCIL MEETING OF MARCH 1, 1999 PAGE 6
UPON A VOICE VOTE, ALL MEMBERS VOTING AYE, MAYOR JORGENSON
DECLARED THE PUBLIC HEARING CLOSED.
MOTION by Councilmember Wolfe to close the public hearing and approve the revocation of
Special Use Permit #97-07, to Paul Litwinczuk, Granting Approval to Maintain an E�sting
Garage, Generally Located at 6291 Central Avenue N.E. Seconded by Councilmember Bolkcom.
UPON A VOICE VOTE, ALL MEMBERS VOTING AYE, MAYOR JORGENSON
DECLARED THE MOTION CARRIED UNANIMOUSLY.
7. CONSIDER REVOCATION OF SPECIAL USE PERMIT #94-14, TO
WAL-MART, ALLOWING THE EXPANSION OF AN EXISTING GARDEN
CENTER, GENERALLY LOCATED AT 8450 UNIVERSITY AVENUE N.E.
(WARD 3):
MOTION by Councilmember Bolkcom to open the public hearing at 8:07 p.m. Seconded by
Councilmember Barnette.
UPON A VOICE VOTE, ALL MEMBERS VOTING AYE, MAYOR JORGENSON
DECLARED THE MOTION CARRIED UNANIMOUSLY.
Mr. Hickok, Planning Coordinator, explained that this property is the Wal-Mart property located
at 8450 University Avenue N.E. In 1992 a special use permit, with three stipulations, Wal-Mart
was required to allow outdoor sales in their garden center. A new special use permit was issued
in October of 1994 to allow for an expansion of the garden center, which included four additional
stipulations. As part of the requirements for the expansion of the garden center, Wal-Mart was
required to construct an enclosure on the south side of their building to allow for outdoor storage.
Mr. Hickok noted that Wal-Mart has had infractions on two of the four stipulations under the
special use permit. These include having a display on the front sidewalk and the outdoor storage
on the south side of the building.
Staff recommended that Council hold the public hearing and receive comment, not revoke, but
reserve the right to revoke the special use permit for an future violations of stipulations relating to
either Special Use Permit, SP #92-07 or Special Use Permit, SP #94-14.
Ms. Stephanie Barton, Store Manager of the Fridley Wal-Mart Store, stated that she had managed
the Fridley store for the past few years. To correct the violations, the following plans have been
initiated: 1) the cardboard bails and pallets would be recycled through the Wal-Mart distribution
center in Wisconsin; and 2) arrangements have been made for off-site warehousing space for
when additional storage is needed.
Ms. Barton noted that Wal-Mart was also in the process of sketching up blueprints for a small
expansion on the north side of the building to better accommodate seasonal fluctuations in
FRIDLEY CITY COUNCIL MEETING OF MARCH 1, 1999 PAGE 7
business. In the future, after the approval process, this could serve as a more permanent solution
to the storage problems.
Councilmember Bolkcom asked if she was correct in assuming that on any given day no
pallets/stacked cardboard would be in public view. Ms. Barton said that was correct, and pallets
that they are able to keep in the building would be recycled on a nightly basis. The cardboard
bails would be shipped back to the distribution center. Additionally, the trampoline currently
displayed on the front sidewalk would be removed.
Councilmember Bolkcom stated that she would like to stress the importance of keeping all visual
clutter out of view. In the future, per Council, if a violation were noted, staff would see that this
hearing is continued at the ne�t scheduled Council meeting for revocation of the special use
permit.
Mayor Jorgenson thanked Ms. Barton for working with City staffto resolve this problem.
MOTION by Councilmember Bolkcom to continue the public hearing regarding the revocation of
Special Use Permit, SP #94-14, and that in taking this action, the City does not intend to waive, in
any way, shape or form, any of its obligations, duties or rights in terms of its ability to revoke this
or any other special use permit in the City. Seconded by Councilmember Wolfe.
UPON A VOICE VOTE, ALL MEMBERS VOTING AYE, MAYOR JORGENSON
DECLARED THE MOTION CARRIED UNANIMOUSLY.
8. CONSIDER REVOCATION OF SPECIAL USE PERMIT #96-06, TO MENARD,
INC., ALLOWING UNSCREENED EXTERIOR STORAGE OF MATERIALS
AND EQUIPMENT, GENERALLY LOCATED AT 965 53� AVENUE N.E.
(WARD 1):
MOTION by Councilmember Billings to open the public hearing at 8:20 p.m. Seconded by
Councilmember Bolkcom.
UPON A VOICE VOTE, ALL MEMBERS VOTING AYE, MAYOR JORGENSON
DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE PUBLIC
HEARING WAS OPENED AT 8:20 P.M.
Mr. Hickok, Planning Coordinator, stated that special use permits for this property were required
in 1996 for a number of items that were being integrated into the development of the site. At that
time Menards was planning an e�tensive expansion of their retail area. On 7une 10, 1996, Council
approved three separate special use permits, containing nine stipulations. The petitioner has had
infractions on one of the nine stipulations.
Mr. Hickok noted that Stipulation No. 2 stated that no additional future outdoor display of
merchandise shall be permitted without a review and approval of a special use permit by the City.
FRIDLEY CITY COUNCIL MEETING OF MARCH 1, 1999 PAGE 8
Menards, however, has had a truckload sale with five produce vendor trucks in the parking lot, a
request for Christmas tree sales in the parking lot, and a fruit sale in the parking lot.
Mr. Hickok stated staff recommended that the public hearing be held, comment be received, that a
record of observations be created, and that the special use permit not be revoked at this time, but
that Council reserve the right to for any future infractions.
Councilmember Billings stated that in November of 1998 a truckload sale was held in the parking
lot, and he requested that staff contact Menards to see if they were aware that it was a violation.
Mr. Hickok noted that a letter was sent, and citations were issued at that time. He also met with
a representative from the Menards corporate offices at that time. The violations were
acknowledged, and Menards management staff agreed that they would not continue to violate on
the site. Mr. Hickok noted that he was not aware whether this meeting occurred before or after
the November fruit sale in the parking lot.
Mr. Anderson, Legal Manager of Menards (Eau Claire, WI headquarters), and Mr. Scott
McKensey, Fridley Menards Store Manager, were present to address this issue. Mr. Anderson
stated that they have not intentionally violated the agreement or jeopardized the outdoor special
use permit. He agreed that perhaps the internal communication of Menards was in need of some
improvement; however they were attempting to rectify the problems. Merchandise has not been
sold outside at the Fridley facility since the truckload sale.
Mayor Jorgenson asked who typically was contacted in regard to the violations. Mr. Hickok
stated that he believed the Corporate Office has been notified in the past. Mayor Jorgenson asked
that any future notices also be sent to the local store manager, as it appears that the information
has not been related to the local store in the past.
Councilmember Billings stated he does not believe the problem was a result of poor management
at the Fridley store. He felt it was apparent that the management at the corporate headquarters in
Eau Claire, Wisconsin did not care enough to see that the local store was in compliance with their
agreements. If he were not concerned about the employees at the Fridley facility, he would vote
to revoke the special use permit without further consideration. This would seem to be a continual
problem that management does not take seriously.
Mayor Jorgenson said she noticed trucks also parked outside the Fridley Menards that could be
rented to haul building materials. She asked if that was also a violation of the special use permit.
Mr. Hickok responded that it was and would be subject to penalties as well. Mayor Jorgenson
reminded Mr. McKensey that anything parked outside of the fenced area was a violation of the
special use permit. Any further violations would be subject to revocation of the special use permit
that will have an immense impact on their business. She asked that this be relayed to corporate
management.
Mr. and Mrs. Rasmussen, Skywood Lane, stated that they felt very strongly that Council needed
to uphold the statements that have been made. Menards has a history of completing things only
FRIDLEY CITY COUNCIL MEETING OF MARCH 1, 1999 PAGE 9
to a point and then stopping. Ms. Rasmussen noted that Menards never completed the required
landscaping and that major erosion has resulted with a threat of the Rasmussens losing many of
their trees. Additionally, concerns were addressed about the fencing with regard to proper
screening and maintenance.
Mr. Hickok responded that when any project reaches completion, a check-off sheet is routed to
determine that everything has been completed properly. At that time, the landscaping will be
reviewed as well and if necessary, corrective action will be required.
MOTION by Councilmember Billings to continue the public hearing for the revocation of Special
Use Permit SP #96-06, that the City of Fridley waives none of its rights in any continuance of this
hearing and that the purpose of the hearing is to continue the review and complete the process.
Furthermore, the City can revoke the special use permit for any reason if there is any past or
future violation of the conditional uses that are referred to in the permit. Seconded by
Councilmember Bolkcom.
UPON A VOICE VOTE, ALL MEMBERS VOTING AYE, MAYOR JORGENSON
DECLARED THE MOTION CARRIED UNANIMOUSLY.
1 L INFORMAL STATUS REPORTS:
Councilmember Bolkcom stated that she attended the North Metro Home & Garden Fair at the
Mounds View Community Center on Saturday, February 27. She noted that the fair was well
attended, and she thanked staff for their efforts in organizing the event.
ADJOURN:
MOTION by Councilmember Billings to adjourn the March 1, 1999 meeting of the City Council
at 8:55 p.m. Seconded by Councilmember Bolkcom.
UPON A VOICE VOTE, ALL MEMBERS VOTING AYE, MAYOR JORGENSON
DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE MEETING WAS
ADJOURNED AT 8:55 P.M.
Respectfully submitted,
Tamara D. Saefke Nancy J. Jorgenson
Recording Secretary Mayor