03/08/2010 - 29292CITY COUNCIL MEETING
CITY OF FRIDLEY
MARCH 8, 2010
The City Council meeting for the City of Fridley was called to order by Mayor Pro Tem Barnette
at 7:30 p.m.
ROLL CALL:
MEMBERS PRESENT: Mayor Pro Tem Barnette
Councilmember Saefke
Councilmember Varichak
Councilmember Bolkcom
MEMBERS ABSENT: Mayor Lund
OTHERS PRESENT: William Burns, City Manager
Fritz Knaak, City Attorney
Scott Hickok, Community Development Director
Robert Rewitzer, Captain, Police Department
Siah St. Clair, Springbrook Nature Center
Charles Howley, HTPO
7ustin Komarek, Wal-Mart
Usunobun Osagie, HTPO
PROCLAMATION:
Minnesota FoodShare Month — March 2010
PRESENTATION:
Springbrook Day Nature Camps
APPROVAL OF PROPOSED CONSENT AGENDA:
APPROVAL OF MINUTES:
City Council Meeting of February 22, 2010
Councilmember Saefke pointed out on page 16, the last line of the last paragraph in which
Mayor Lund was speaking should read, "He understands why the County should not be
assessed."
APPROVED AS CORRECTED.
FRIDLEY CITY COUNCIL MEETING OF MARCH 8, 2010 PAGE 2
NEW BUSINESS:
1. Receive the Planning Commission Meeting Minutes of February 17, 2010.
Councilmember Varichak pointed out on page 4, the very last line, it appeared a word was
missing.
Scott Hickok, Community Development Director, stated the line should read, ". .. because the
main entrance to the building will be moved over to the east."
APPROVED AS CORRECTED.
2. Final Plat Request, P.S. #09-05, by Premier FMC, LLC, on Behalf of Unity Hospital,
to Replat Property to Allow the Creation of a New Lot to Allow for the Construction
of a new Medical Clinic/Office Building, Generally Located at Osborne Road and
Fifth Street (Ward 1).
William Burns, City Manager, stated Council held a public hearing on this request on
November 4, 2009, and approved the request at their December 14 meeting. There has been no
opposition to the plat from the public and no substantive changes made to the plat request since
Council's December review. Staff recommends Council's approval of the Final Plat request
subject to the following 19 stipulations:
1. Any existing easements on the subject property (parking, drainage, access, etc.) shall be
filed upon final plat approval.
2. New cross parking agreements shall be established and filed between Fridley Medical
Center, Unity Hospital and the Unity Professional Building upon final plat approval.
3. The petitioner shall pay park dedication fee of $35,065.00 upon issuance of a building
permit for the proposed medical office clinic.
4. The petitioner shall obtain all necessary permits prior to construction.
5. The proposed building shall meet all building, fire, and ADA requirements.
6. City engineering staff to review and approve grading and drainage plan prior to issuance
of a building permit.
7. Landscape and irrigation plan to meet code requirements shall be reviewed and approved
by City staff prior to issuance of building permit.
8. The subject property shall be maintained free of any and all construction litter. All
construction materials shall be properly managed on site to avoid neighborhood impacts.
FRIDLEY CITY COUNCIL MEETING OF MARCH 8, 2010 PAGE 3
9. Construction vehicles shall not bring materials before 7:00 a.m. or after 9:00 p.m.
Monday through Friday and 9:00 a.m. to 9:00 p.m. on Saturdays.
10. Future additions/expansions on this site shall be reviewed by City staff and a
determination shall be made regarding the need for a strategic plan for structured parking.
If sufficient additional parking is required based on the addition, a structured parking plan
will be required.
11. Pedestrian crosswalks shall be established to accommodate safe pedestrian movement
between the hospital, professional building and new medical clinic building.
12. The petitioner shall provide 5 ft. easement and sidewalk along Sth Street, Lyric Lane, and
Madison Street. Design and placement shall be reviewed by the City's engineering staff.
[Staff recommends] Installation of Sth Street sidewalk in 2010 with proposed project,
installation of Lyric Lane sidewalk in 2011 and installation of Madison Street sidewalk in
2012.
13. The petitioner shall receive Rice Creek Watershed District approvals prior to issuance of
a building permit.
14. The petitioner shall comply with any requirements set forth by Anoka County Highway
Department.
15. The petitioner shall obtain a permit from Anoka County for any work done within the
County right-of-way.
16. No signs shall be located within the County right-of-way. Any planting within the right-
of-way shall be approved by the County prior to planting.
17. Stormwater management maintenance agreement shall be filed with the City prior to
issuance of building permits.
18. The petitioner shall agree to preserve mature trees to the e�tent possible. All trees
required to be removed for the proposed medical clinic or parking shall be marked and
approved by City staff prior to the issuance of building permits.
19. The petitioner shall screen parking areas from the public right-of-way by a continuous
earth berm with slopes no greater than 3:1 and a minimum of three (3) feet in height with
a combination of landscaping.
ADOPTED RESOLUTION NO. 2010-17.
3. Receive Bids and Award Contract for the 2010 Sanitary Sewer Lining Project No.
394.
FRIDLEY CITY COUNCIL MEETING OF MARCH 8, 2010 PAGE 4
William Burns, City Manager, stated this year's lining will encompass about a mile of existing
sanitary sewers in two locations. The locations were selected by the City's Public Works
Director and Sewer Maintenance Supervisor based upon the age of the pipes and past inflow and
infiltration problems. They include the lining of 4,193 feet of 15-inch vitrified clay pipe on the
west side of University Avenue between Rice Creek Terrace and 61 st Avenue. The City is also
lining 1,025 feet of 8-inch vitrified clay pipe along Stinson Boulevard between Gardena Avenue
and 61 st Avenue. Four bids were opened on March 3. Lametti and Sons provided the low bid in
the amount of $159,472. This is well within the $185,000 included in this year's capital
improvement budget for this work The work will take place between April 15 and September
15. Staff recommends Council's approval.
RECEIVED BIDS AND AWARDED THE CONTRACT FOR THE 2010 SANITARY
SEWER LINING PROJECT NO. 394 TO LAMETTI & SONS, INC., IN THE AMOUNT
OF $159,472.00.
4. Resolution in Support of an Application to Conduct Off-Site Gambling by the Lions
Club of Fridley at Commons Park and Community Park from June 24 to June 27,
2010, During the Fridley `49er Days Events.
Dr. Burns stated the Lions are asking to conduct pull tab sales during softball tournaments at
Commons Park and Community Park during '49er Days. The premise permit would be effective
from June 24 to June 27, 2010. Staff recommends Council's approval.
ADOPTED RESOLUTION NO. 2010-18.
5. Claims (145258 — 145401)
APPROVED.
6. Licenses
APPROVED THE LICENSES AS SUBMITTED AND AS ON FILE.
7. Estimates
Ron Kassa Construction
6005 East 250th Street
Elko, MN 55020-9447
2009 Miscellaneous Concrete Repair
FINAL ESTIMATE ................................... $ 3,425.27
APPROVED.
FRIDLEY CITY COUNCIL MEETING OF MARCH 8, 2010 PAGE 5
APPROVAL OF PROPOSED CONSENT AGENDA:
MOTION by Councilmember Bolkcom to approve the consent agenda as presented. Seconded
by Councilmember Saefke.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR PRO TEM DECLARED THE
MOTION CARRIED UNANIMOUSLY.
ADOPTION OF THE AGENDA:
MOTION by Councilmember Bolkcom to approve the agenda. Seconded by Councilmember
Saefke.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR PRO TEM BARNETTE
DECLARED THE MOTION CARRIED UNANIMOUSLY.
OPEN FORUM: No items presented.
OLD BUSINESS:
8. Second Reading of an Ordinance to Amend the City Code of the City of Fridley,
Minnesota, by Making a Change in Zoning Districts (Rezoning Request, ZOA
#10-01, by Tri-Land Properties, Inc., to Rezone Property from C-3, General
Shopping, to Planned Unit Development Zoning, for the Redevelopment of the Site
Generally Located at 244, 246, 248 and 250 — 57t'' Avenue N.E. (Ward 3).
Scott Hickok, Community Development Director, said the development agreement in this matter
needs to be approved before the second reading. The development agreement is not yet finished.
Staff recommends that Council table this item. They anticipate that both the development
agreement and the second reading will be on the agenda for the ne�t Council meeting.
MOTION by Councilmember Bolkcom to table this item to the March 29, 2010, Council
meeting. Seconded by Councilmember Saefke.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR PRO TEM BARNETTE
DECLARED THE MOTION CARRIED UNANIMOUSLY.
9. Approve Contract for Towing, Impounding and Storage of Motor Vehicles between
the City of Fridley and Schmit Towing, Inc.
Robert Rewitzer, Captain, Fridley Police Department, stated a comprehensive evaluation of
vendors to provide towing, impounding, and storage of motor vehicles for the City was
conducted. Based upon a thorough review of responses received from vendors and site
inspections, staff recommends a contract with Schmit Towing located in Fridley.
FRIDLEY CITY COUNCIL MEETING OF MARCH 8, 2010 PAGE 6
Captain Rewitzer stated the Police Department has contracted with Shorty's Towing for the
provision of towing and vehicle impound services for many years. The towing contract was last
reviewed in 2004, and the decision was made to retain the services of Shorty's Towing. Five
years had elapsed since that last review so a comprehensive review of the service contract was
initiated. A request for proposals was prepared outlining the requirements for 24-hour motor
vehicle towing, impounding, and storage services for the City. The RFP was published in the
League of Minnesota Cities marketplace and was mailed to tow service vendors that had
previously contacted the Department. Responses were received from 11 vendors. Data from
each of the RFP responses was transcribed to a matrix in order to permit quality of evaluation
based on the identified factors in relative order of importance of service, security in facilities,
qualifications, experience, and costs. The matrices with the vendor identification removed were
reviewed and evaluated by 14 staff inembers from Police, Fire, Public Works Engineering, and
Community Development. Site inspections were conducted with the top three vendors.
Captain Rewitzer stated it was the firm conclusion of staff, based on the evaluation criteria, that
Schmit Towing, located at 92 — 43rd Avenue in Fridley, would best meet the needs and
requirements of the City. Schmit Towing was the only facility actually located in the City. The
office and impound yard is only 3.1 miles from the municipal center. The transactions at the
office are audio and video recorded, and Schmit Towing has agreed to make all notifications to
vehicle owners and lien holders. Schmit Towing has sufficient equipment to handle City tow
requests. Schmit Towing also has specialty equipment including water recovery capabilities.
Captain Rewitzer stated regarding the evaluation criteria of security and facilities, Schmit
Towing has adequate indoor and outdoor storage for City needs. Security includes fencing,
motion alarm, video surveillance, and security lighting. The building was well maintained, the
grounds were paved, the vehicles were stored in an orderly fashion, staff was uniformed, and the
lobby area was neat and clean. Overall Schmit Towing exudes a professional appearance.
Captain Rewitzer stated regarding the evaluation criteria of qualifications and experience,
Schmit Towing is a family-owned business founded in 1983. Schmit Towing currently holds
contracts with the Hennepin County Sheriff and State Patrol and, in previous years, held a
contract with Minneapolis. As a Fridley-based business, Schmit Towing will make Fridley calls
a priority. Background checks have been conducted on the staff at Schmit Towing.
Captain Rewitzer stated Schmit Towing received the American Towman magazine ACE Award
in 2008 and was a Better Business Bureau Integrity Award nominee in 2008 and a finalist in
2009. Regarding the evaluation criteria of costs, Schmit Towing's fees appear reasonable and
customary, and there will be no charge for tows or roadside assistance for police squads.
Captain Rewitzer stated in their proposal, Schmit Towing's owner, Steve Schmit, stated the
following: "We understand that we will be representing the City of Fridley and its Police
Department under this contract. Schmit Towing can assure you that our drivers are uniformed,
well groomed, polite, and trained. Our equipment is in good condition, clean, and updated; and
our facility is well-lit, clean, secure, and non-intimidating."
Captain Rewitzer stated in conclusion, staff is satisfied that Schmit Towing meets or exceeds
FRIDLEY CITY COUNCIL MEETING OF MARCH 8, 2010 PAGE 7
the requirements specified in the RFP. A contract has been negotiated, and the City Attorney has
reviewed and approved it as to form. Staff recommends Council's approval.
Councilmember Saefke asked regarding the price list for towing, etc., presumably that is for the
owner of the vehicle and the City does not pay that?
Captain Rewitzer replied, that is correct. There is very little that the City actually has as far as
fees to Schmit. Typically there may be costs on forfeitures, but those costs are recouped when
the City either auctions the vehicle off or it is returned to the owner.
Councilmember Saefke said typically, there is a lien against that vehicle until those towing and
storage fees have been paid?
Captain Rewitzer replied, right.
Councilmember Saefke stated the fees seemed quite reasonable to him.
Councilmember Bolkcom referred to page 21, the first line under "Equipment." It all seems to
run together and seems it should be almost two sentences. One related to any of the City
vehicles and the other one related to any other vehicles that we, as a City staff, designate.
Fritz Knaak, City Attorney, stated actually the most important part is the second part of that
sentence which is the vehicle released, as far as the City is concerned, those vehicles that are
designated to be towed are towed. The smaller part of that is really the City vehicles themselves.
The language is clear enough.
MOTION by Councilmember Bolkcom to approve the Contract for Towing, Impounding and
Storage of Motor Vehicles between the City of Fridley and Schmit Towing, Inc. Seconded by
Councilmember Varichak.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR PRO TEM BARNETTE
DECLARED THE MOTION CARRIED UNANIMOUSLY.
10. Preliminary Plat Request, P.S. #10-01 by Hansen Thorp Pellinen Olson, Inc., on
Behalf of Wal-Mart to Allow the Creation of a New Lot to be Located on the North
Side of the Property, Generally Located at 8450 University Avenue N.E. (Ward 3).
11. Special Use Permit Request, SP #10-02, by Hansen Thorp Pellinen Olson, Inc., on
Behalf of Wal-Mart, to Allow the Relocation of the Existing Garden Center from the
East Side of the Existing Building to the Northwest Side of the Building, Generally
Located at 8450 University Avenue N.E.
and
Resolution Approving Special Use Permit, SP #10-02, for Wal-Mart, Generally
Located at 4850 University Avenue N.E. (Ward 3).
FRIDLEY CITY COUNCIL MEETING OF MARCH 8, 2010 PAGE 8
Scott Hickok, Community Development Director, stated petitioner is requesting a preliminary
plat to create a new parcel on the north side of the subject property. A special use permit is also
being sought for the garden center to be relocated. The property is zoned C-2, General Business.
It is located south of 85th Avenue along the University Avenue Service Drive on the west side of
University Avenue. The property was platted in 1992, just prior to Wal-Mart's original store
construction. A special use permit was issued in 1992 to allow construction of a garden center.
That special use permit was modified in both 1994 and 1999 to allow expansions of that garden
center.
Mr. Hickok stated the petitioner is seeking to replat the property to allow for the creation of a
new parcel along the north side of the property. The proposed replat will consist of two lots, Lot
1, Block 1, and Outlot A, Wal-Mart in Fridley 2nd Addition. Proposed Lot 1 will be 19.25 acres
in size and Outlot A will be 1.36 acres in size. The General Business zoning district requires a
minimum lot area of 20,000 square feet.
Mr. Hickok stated staff has stipulated that the new outlot receive access from the existing
Wal-Mart site and will require that a shared parking easement be established between the two
properties.
Mr. Hickok stated garden centers and nurseries are permitted special uses in a C-2 district
subject to stipulations. The property currently has a special use permit for a garden center, and
modifications to that garden center require Planning Commission review and City Council
approval. The petitioner is proposing to relocate the existing garden center from the east side of
the building to the northwest corner of the building. The garden center will also be reduced in
size from 11,221 square feet to 3,680 square feet.
Mr. Hickok stated relocating the garden center on this site is just a portion of the work that is
being proposed for the property. The entire store will be remodeled by adding two receiving
dock doors at the southeast corner of the building, relocating the entrance vestibule, changing the
store branding on the front elevation, adding a grocery component, and reconstructing areas of
the site immediately adjacent to the building.
Mr. Hickok stated a 456 square foot addition will be constructed to the vestibule area that will
bring the total square footage of the building to 121,191 square feet. The remodel will also allow
Wal-Mart the chance to make some other improvements to the site. Those include
reconstructing the front drive aisle access point with the University Avenue Service Drive
entrance, adding a sidewalk along the west side of the University Service Drive to connect the
sidewalk at Banfill Crossings, adding a crosswalk connection to the existing bituminous trails on
the east side of the University Avenue Service Drive, removing access parking on the north side
of the building to create an outlot for future developments, and allow the installation of new
landscaped islands in the parking lot.
Mr. Hickok stated City Code requires that the project have 553 parking stalls. The current site
has 741 parking stalls. With the creation of the new outlot and some landscaping islands, the
subject property will have 576 parking stalls which is still above what Code would require. The
proposed relocation of the garden center and building expansion meets lot coverage and setback
FRIDLEY CITY COUNCIL MEETING OF MARCH 8, 2010 PAGE 9
requirements. The new garden center will be constructed using decorative block and wrought
iron fence. The decorative block and the building will be painted.
Mr. Hickok stated City Code requires that a 5-foot sidewalk easement be provided along all
property lines when a commercial property is adjacent to a public right-of-way or across from
residential. The City Council may allow the petitioner to delay installation of the sidewalk if the
petitioner signs an agreement that they will be constructing that sidewalk when the City requires
that installation. Staff has discussed with the petitioner at length, since this report was written,
that they would like to construct the sidewalk as part of this construction project. They would
like to do it at a 6-foot width within the right-of-way along the west side of that Service Drive.
Staff has looked at the landscape plan and the berming along there, and it has had plenty of years
to mature and to grow and look very nice. Staff concurs that the sidewalk adjacent to the
roadway in the right-of-way would be better than easement on their property which would then
take out their berming and landscaping. That is a variation to the standard outline in the Code,
but staff recommends that is a better alternative than to rework their landscape in an area where
it would be hard to replace it. Staff will stipulate that sidewalk be installed by September 2010
in this recommendation.
Mr. Hickok stated regarding concerns about additional deliveries and noise as a result of the two
docks doors added, a store like Wal-Mart or a grocery store is permitted by right in the C-2
zoning district. It is only the garden center that requires an SUP.
Mr. Hickok stated regarding the visibility concerns coming out of the garage, south of this
property, at the senior building. Staff has made several site visits and determined there is at least
one tree that is causing a vision safety issue that will need to be removed. There may be as many
as three evergreen trees that are closest to the roadway that now cause people in the senior
building to need to almost pull out into the roadway before they see what is coming south. Staff
will work with the petitioner to resolve that issue.
Mr. Hickok stated staff recommends approval of the preliminary plat request with stipulations.
The proposed lots meet the minimum standards, and staff sees no cause not to recommend
approval. Staff also recommends approval of the special use permit with the following
stipulations:
1. A shared access agreement using Wal-Mart's existing access points shall be established and
filed at Anoka County between Wal-Mart and Outlot A upon final plat approval.
2. Cross parking agreements shall be established and filed between Wal-Mart and Outlot A upon
final plat approval.
3. The petitioner or applicant shall pay park dedication fee for Outlot A of $1,363.35 upon
issuance of a building permit for a building for Outlot A.
4. The petitioner shall obtain all necessary permits prior to construction.
5. The proposed building shall meet all building, fire, and ADA requirements.
6. South side of building shall be painted using more than one color to break up the building
and make it more compatible with the north side.
7. Garden Center materials shall be stored inside a permanent structure, attached to and
architecturally compatible with the principal structure.
FRIDLEY CITY COUNCIL MEETING OF MARCH 8, 2010 PAGE 10
8. Products containing chemical fertilizers, pesticides, or herbicides must be stored in a
roofed and contained area where water runoff cannot reach the e�terior landscape or
storm sewer.
9. Floor drainage for garden center/nursery must protect storm and ground water sources by
following Stormwater Best Management Practices (BMP's), including a stormwater
pollution prevention plan.
10. No merchandise can be sold or displayed outside the garden center walls.
11. No off-season storage can occur in the outdoor sale area unless specified in the special
use permit.
12. No intercom system shall be used in the garden center area.
13. Creation of the garden center shall not disrupt safe traffic flow through the site.
14. The petitioner shall install a screening wall at the SE corner of the building, 45 ft. in
length. Screening walls shall be architecturally compatible with the principal building.
15. There shall be no storage of semi-trailers in the south concrete truck turnaround area.
16. The petitioner shall construct a 6 ft. sidewalk against the back of the curb along the
University Avenue Service Drive to 85th Avenue. Design shall be reviewed by the City's
engineering staff and installed by September 2011.
17. City Engineering staff to review and approve grading and drainage plan prior to issuance
of a building permit.
18. Applicant shall submit the SWPPP to the City of Fridley for review and approval, which
shall include BMP details. Approval to be prior to construction commencement.
19. The south and west stormwater detention areas shall be surveyed to determine whether
their capacity allows performance of the stormwater management system as designed.
Analysis to be provided to City of Fridley for approval. Work to restore capacity to
initial development plans will be incorporated into construction, as needed.
20. Provide details and calculations for e�ternal grease trap to be approved by City of Fridley
Engineering. Approval to be prior to construction commencement.
Councilmember Bolkcom asked if the new docks were closer to Banfill Crossing.
Mr. Hickok said they were not. There are two docks at the southeast corner of the building now
and there will be two more docks. The two new docks will be closer to University Avenue.
Staff thinks that by moving towards University Avenue, the noise will not project towards the
building as much as it would towards University Avenue or the Service Drive.
Councilmember Bolkcom asked regarding the trees being removed, would there be something
going back in there for screening.
Mr. Hickok replied looking at the landscape that area, it is almost a dense forest along the
southern and eastern property line before you get into the opening that allows you into the dock
area. The three trees staff is talking about are smaller trees, and they are closer to the road. The
smaller ones have now filled out to the point where they are at the curb. You could take out as
many as three of those trees out and not minimize the impact of the screening that is there.
Councilmember Bolkcom asked what the width of the parking stalls was.
FRIDLEY CITY COUNCIL MEETING OF MARCH 8, 2010 PAGE 11
Mr. Hickok replied, they have not asked for any deviation from the 10-foot standard.
Councilmember Bolkcom asked regarding Stipulation No. 16, is that the correct one related to
the sidewalk.
Mr. Hickok replied, that is correct.
Councilmember Bolkcom asked whether staff has heard anything else from either Springbrook
Apartments or Banfill Crossing regarding this project. There was a gentleman at the Planning
Commission meeting concerned about some of the trash issues.
Mr. Hickok replied, beyond that, no. They have not had a lot of discussion from other property
owners.
Councilmember Varichak asked with the addition of the two loading docks, with the turn
around and the truck traffic, is there enough there.
Mr. Hickok replied, yes, there is. This might be one of the nicest dock areas in terms of
screening, maneuverability, and overall functionality in Fridley.
Councilmember Bolkcom asked she received a call last fall from a woman who had moved to
Banfill Crossing recently and was concerned about some of the delivery noises (backing up to
the docks). She asked whether they anticipate a lot more deliveries late at night.
Charles Howley, HTPO Engineering, replied what a lot of people do not understand is for an
existing store, when a truck comes now, it might be half full or a quarter full, and when adding
more docks it does not mean you will get more trucks. The truck would just be more full and
they will be more efficient in their deliveries.
Dr. Burns stated he recalled at the time the store manager was very responsive.
Justin Komarek, store manager of the Fridley Wal-Mart, stated in the last two years, their
deliveries have become very efficient to where most of their deliveries happen before 8 p.m.
Maybe 1 out of 100 deliveries will come between 10 p.m. and 1 a.m. and that is probably
because of transportation issues. Also, now they will be getting in a complete trailer instead of a
third of one.
Councilmember Bolkcom asked about the trash.
Mr. Komarek stated they have a third-party company who sweeps the parking lot seven days a
week They also do weekly and daily tours of the parking lot. Sometimes they have to increase
that frequency themselves. That is something they are very aware of. Especially now with the
spring melt, that will be a daily routine. Also the fence that runs along the west side of the
property, it has three rows and had about a foot and one half of space in various locations.
Through the request of the City they had that lowered last year which has helped to keep the
trash from blowing over into the Springbrook area.
FRIDLEY CITY COUNCIL MEETING OF MARCH 8, 2010 PAGE 12
Councilmember Saefke asked with the increase of the square footage and the reduction of the
parking spots, do they find any problems that might incur because of the reduction in the
parking.
Mr. Howley replied Wal-Mart has an internal number of parking stalls they like for all their
stores and it is 5 stalls for every 1,000 square feet which is why they have more than what the
Code is saying they should have. The increase in square feet is so minor it is not going to create
more additional parking problems. It is actually vestibule square feet, not sales floor square feet.
William Burns, City Manager, stated they are going to enlarge the grocery store to at least half
the building. He asked what would go in terms of inerchandise.
Usunobun Osagie, architect, replied Wal-Mart would conduct an inventory of the entire store.
Based on the sales within the divisions, some of them will be eliminated.
Councilmember Bolkcom asked the petitioner if they are in agreement with the stipulations.
Mr. Howley nodded his head in agreement.
MOTION by Councilmember Bolkcom to approve Plat Request, P.S. #10-01 by Hansen Thorp
Pellinen Olson, Inc., on Behalf of Wal-Mart, with the following twenty stipulations:
1. A shared access agreement using Wal-Mart's existing access points shall be established
and filed at Anoka County between Wal-Mart and Outlot A upon final plat approval.
2. Cross parking agreements shall be established and filed between Wal-Mart and Outlot A
upon final plat approval.
3. The petitioner or applicant shall pay park dedication fee for Outlot A of $1,363.35 upon
issuance of a building permit for a building for Outlot A.
4. The petitioner shall obtain all necessary permits prior to construction.
5. The proposed building shall meet all building, fire, and ADA requirements.
6. South side of building shall be painted using more than one color to break up the building
and make it more compatible with the north side.
7. Garden Center materials shall be stored inside a permanent structure, attached to and
architecturally compatible with the principal structure.
8. Products containing chemical fertilizers, pesticides, or herbicides must be stored in a
roofed and contained area where water runoff cannot reach the e�terior landscape or
storm sewer.
9. Floor drainage for garden center/nursery must protect storm and ground water sources by
following Stormwater Best Management Practices (BMP's), including a stormwater
pollution prevention plan.
10. No merchandise can be sold or displayed outside the garden center walls.
11. No off-season storage can occur in the outdoor sale area unless specified in the special
use permit.
12. No intercom system shall be used in the garden center area.
13. Creation of the garden center shall not disrupt safe traffic flow through the site.
FRIDLEY CITY COUNCIL MEETING OF MARCH 8, 2010 PAGE 13
14. The petitioner shall install a screening wall at the SE corner of the building, 45 ft. in
length. Screening walls shall be architecturally compatible with the principal building.
15. There shall be no storage of semi-trailers in the south concrete truck turnaround area.
16. The petitioner shall construct a 6 ft. sidewalk against the back of the curb along the
University Avenue Service Drive to 85th Avenue. Design shall be reviewed by the City's
engineering staff and installed by September 2011.
17. City Engineering staff to review and approve grading and drainage plan prior to issuance
of a building permit.
18. Applicant shall submit the SWPPP to the City of Fridley for review and approval, which
shall include BMP details. Approval to be prior to construction commencement.
19. The south and west stormwater detention areas shall be surveyed to determine whether
their capacity allows performance of the stormwater management system as designed.
Analysis to be provided to City of Fridley for approval. Work to restore capacity to
initial development plans will be incorporated into construction, as needed.
20. Provide details and calculations for e�ternal grease trap to be approved by City of Fridley
Engineering. Approval to be prior to construction commencement.
Seconded by Councilmember Saefke.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR PRO TEM BARNETTE
DECLARED THE MOTION CARRIED UNANIMOUSLY.
MOTION by Councilmember Bolkcom to approve approving Special Use Permit Request, SP
#10-02, by Hansen Thorp Pellinen Olson, Inc., on behalf of Wal-Mart, with the following twenty
stipulations:
1. A shared access agreement using Wal-Mart's existing access points shall be established
and filed at Anoka County between Wal-Mart and Outlot A upon final plat approval.
2. Cross parking agreements shall be established and filed between Wal-Mart and Outlot A
upon final plat approval.
3. The petitioner or applicant shall pay park dedication fee for Outlot A of $1,363.35 upon
issuance of a building permit for a building for Outlot A.
4. The petitioner shall obtain all necessary permits prior to construction.
5. The proposed building shall meet all building, fire, and ADA requirements.
6. South side of building shall be painted using more than one color to break up the building
and make it more compatible with the north side.
7. Garden Center materials shall be stored inside a permanent structure, attached to and
architecturally compatible with the principal structure.
8. Products containing chemical fertilizers, pesticides, or herbicides must be stored in a
roofed and contained area where water runoff cannot reach the e�terior landscape or
storm sewer.
9. Floor drainage for garden center/nursery must protect storm and ground water sources by
following Stormwater Best Management Practices (BMP's), including a stormwater
pollution prevention plan.
10. No merchandise can be sold or displayed outside the garden center walls.
FRIDLEY CITY COUNCIL MEETING OF MARCH 8, 2010 PAGE 14
11. No off-season storage can occur in the outdoor sale area unless specified in the special
use permit.
12. No intercom system shall be used in the garden center area.
13. Creation of the garden center shall not disrupt safe traffic flow through the site.
14. The petitioner shall install a screening wall at the SE corner of the building, 45 ft. in
length. Screening walls shall be architecturally compatible with the principal building.
15. There shall be no storage of semi-trailers in the south concrete truck turnaround area.
16. The petitioner shall construct a 6 ft. sidewalk against the back of the curb along the
University Avenue Service Drive to 85th Avenue. Design shall be reviewed by the City's
engineering staff and installed by September 2011.
17. City Engineering staff to review and approve grading and drainage plan prior to issuance
of a building permit.
18. Applicant shall submit the SWPPP to the City of Fridley for review and approval, which
shall include BMP details. Approval to be prior to construction commencement.
19. The south and west stormwater detention areas shall be surveyed to determine whether
their capacity allows performance of the stormwater management system as designed.
Analysis to be provided to City of Fridley for approval. Work to restore capacity to
initial development plans will be incorporated into construction, as needed.
20. Provide details and calculations for e�ternal grease trap to be approved by City of Fridley
Engineering. Approval to be prior to construction commencement.
and
Adopt Resolution No. 2010-19.
Seconded by Councilmember Saefke.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR PRO TEM BARNETTE
DECLARED THE MOTION CARRIED UNANIMOUSLY.
12. Informal Status Report.
No items presented.
ADJOURN.
MOTION by Councilmember Saefke, seconded by Councilmember Varichak, to adjourn.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR PRO TEM BARNETTE
DECLARED THE MEETING ADJOURNED AT 8:35 P.M.
Respectfully submitted by,
Denise M. Johnson Robert L. Barnette
Recording Secretary Mayor Pro Tem