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06/10/1996 - 00002069� � 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: 1 2 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 � � � FRIDLEY CITY COUNCIL MEETNG OF SUNE 10, 1996 3 4 PAGE 2 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 � � � FRIDLEY CITY COUNCIL MEETNG OF JUNE 10, 1996 PAGE 3 5 6 7 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 , � � FRIDLEY CITY COUNCIL MEETNG OF JUNE 10, 1996 8. CLAIMS: AUTHORIZED PAYMENT OF CLAIMS NO. 68205 TAROUGH 68512 9. LICENSES: PAGE 4 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 � � 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. � 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. � FRIDLEY CITY COUNCIL MEETNG OF JUNE 10, 1996 PAGE 6 PUBLIC HEARINGS: L� 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. ' 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 � 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. � 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. � � � 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. � � � 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. � FRIDLEY CITY COUNCIL MEETNG OF JUNE 10, 1996 PAGE 12 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