03/01/1999 - 4643OFFICIAL CITY CITY COUNCIL AGENDA
CITY COUNCIL MEETING
MARCH 1,1999
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APPROVAL OF PROPOSED CONSENT AGENDA:
NEW BUSINESS:
Resolution 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 ..................................................... 1.01 - 1.03
Resolution Authorizing Application to the
Metropolitan Council for MNRRA Plan
Funding Assistance ........................................................................ 2.01 - 2.05
Claims....................................................................................... 3.01
Licenses....................................................................................... 4.01
Estimates....................................................................................... 5.01
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FRIDLEY CITY COUNCIL MEETING OF MARCH 1, 1999 PAGE 3
ADOPTION OF AGENDA.
OPEN FORUM, VISITORS:
(Consideration of Items not on Agenda - 15 Minutes)
PUBLIC HEARINGS:
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) ............................................................. 6.01 - 6.04
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) ......................................................... 7.01 - 7.06
Consider Revocation of Special Use
Permit #96-06, to Menard, Inc.,
Allowing Unscreened Exterior Storage
of Materials and Equipment, Generally
Located at 965 - 53�d Avenue N.E.
(Ward 1) ....................................................................................... 8.01 - 8.09
rr��v�� r �.i � i VVUIVtrIL IYICC I Iryl7 VI' IYIAKI�I'1 �, 'lyyy
PUBLIC HEARINGS (CONTINUED):
Consider Reducing the Solid Waste
Abatement Program (SWAP) Fees
in1999 ....................................................................................... 9.01 - 9.02
NEW BUSINESS:
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" ....................................................................................... 10.01 - 10.03
InformalStatus Reports ....................................................................... 11.01
ADJOURN.
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FRIDLEY CITY COUNCIL MEETING OF MARCH 1, 1999 �oF
FRIDLEY
The City of Fridley will not discriminate against or harass anyone in the admission or access to, or treatment, or employment in its
services, programs, or activities because of race, color, creed, religion, national origin, sex, disability, age, marital status, sexual
orientation or status with regard to public assistance. Upon request, accommodation will be provided to allow individuals with
disabilities to participate in any of Fridley's services, programs, and activities. Hearing impaired persons who need an interpreter or
other persons with disabilities who require auxiliary aids should contact Roberta Collins at �72-3500 at least one week in advance.
(TTD/572-3534)
PLEDGE OF ALLEGIANCE.
PROCLAMATION:
Fridley History Month - March, 1999
PRESENTATION:
Fridley's 50`h Anniversary Celebration
Calendar of Events
APPROVAL OF MINUTES:
City Council Meeting of February 22, 1999
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APPROVAL OF PROPOSED CO T AGENDA:
NEW BUSINESS: � ��
Resolution Amending o. 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 ........... 1.01 - 1.03
1
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�... _ _..__
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Resolution Authorizin�yApRlication to the
Metropolitan Council for MNRRA Plan
Funding Assistance ............................... 2.01 - 2.05
APPROVAL OF PROPOSED CONSENT AGENDA:
NEW BUSINESS (CONTINUED):
Claims
Licenses
Estimates
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ADOPTION OF AGENDA.
,�1�' rn� 9, ��
�e„� �LR ,�G� C�- �
..................... 3.01
..................... 4.01
.................... 5.01
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OPEN FORUM, VISITORS: '�� `�# �
(Consideration of Items not on Agenda - 15 Minutes)
PUBLIC HEARINGS:
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) .................... 6.01 - 6.04
�zu�/� ��-
. ,,
Consider Revocation of Special Use
Permit #94-14, to Wal-Mart, Allowing
the Expansion of an Existing Garden
Genter, Generally Located at 8450
University Avenue N.E. (Ward 3) ................. 7.01 - 7.06
C.�n�, 7u.�-e fJ -�-
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FRIDLEY CITY COUNCIL MEETING OF MARCH 1, 1999
PUBLIC HEARINGS (CONTINUED):
Consider Revocation of Special Use
Permit #96-06, to Menard, Inc.,
Allowing Unscreened Exterior Storage
of Materials and Equipment, Generally
Located at 965 - 53`d Avenue N.E.
(Ward 1) ........................................
C��r�U� � � .
Consider Reducing the Solid Waste
Abatement Program (SWAP) Fees
in1999 .........................�--.......--
NEW BUSINESS:
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" .........................................................
����� l�-u-� �L
Informai Status Reports
ADJOURN.
.. 8.01 - 8.09
9.01 - 9.02
10.01 - 10.03
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11.01
PAGE 2
THE MINUTES OF THE FRIDLEY CITY COUNCIL MEETING OF
FEBRUARY 22,1999
.
THE MINUTES OF THE REGULAR MEETING OF THE FRIDLEY CITY
COUNCIL OF FEBRUARY 22,1999
The Regular Meeting of the Fridley City Council was called to order by Mayor
Jorgenson at 7:36 p.m.
PLEDGE OF ALLEGIANCE:
Mayor Jorgenson led the Council and audience in the Pledge of Allegiance to the Flag.
R,OLL CALL:
MEMBERS PRESENT:
MEMBERS ABSENT:
Mayor Jorgenson,
member Bi.11ings,
member Bolkcom
None
APPROVAL OF MINUTES:
Counci]member Barnette, Council-
Counalmember Wolfe, and Council-
Regular' City Councal Meeting of Febx�uary 8, 1999:
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MOTION by Councalmember Billings to approve the minutes of the Regular City
Councal Meeti.ng of Februazy 8, 1999 as presented in wrzting- Seconded by
Councilmember Bolkcom.
UPON A VOICE VOTE, ALL MEMBERS VOTING AYE, MAYOR JORGENSON
DECLARED THE MOTION CARRIED UNANIMOUSLY.
APPROVAL OF PROPOSED CONSENT AGENDA:
NEW BUSINESS:
1. R.ECEIVE THE PLANNING COMMISSION MINUTES OF FEBRUAftY 3
1999:
RECEIVED PLANNING COMMISSION MINUTES OF FEBRUARY 3,
1999.
2. APPROVE AGREEMENT FOR CURAND BFI WASTE SYSTE S OF
BETWEEN THE CITY OF FRIDLE
NORTH AMERICA INCORPORATED:
Mr. Burns, City Manager, explained that this would be a three-year contract
with BFI. It would provide weekly curbside recycling services for Fridley
FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 22 1999 PAGE 2
residents, with collection days, items collected and penalties to remain the same.
The term of the contract would run from Apxzl. 1, 1999 to March 31, 2002. The
contract cost would be $210,640 which was $41,180 under the 1999 budgeted
amount.
APPROVED AGREEMENT FOR CURBSIDE RECYCLING SERVICES
BETWEEN THE CITY OF FRIDLEY AND BFI WASTE SYSTEMS OF
NORTH AMERICA, INCORPORATED.
3. APPROVE AMENDMENT TO THE JOINT POWERS AGREEMENT FOR
THE 57TH AVENUE IMPROVEMENT PROJECT:
Mr. Buxns, City Manager, e.Yplained that this amendment identifies new costs
and the shaxing of costs between the County of Anoka and the City of Fxldley.
The additional costs would be $Gi,583.45, which would be split evenly between
the County and City. The amendment would also establish the County's
payment to the City for constx�uction engineeYing.
APPROVED AMENDMENT TO THE JOINT POWERS AGREEMENT
FOR THE 57TH AVENUE IMPROVEMENT PROJECT.
4. RECEIVE BIDS AND AWARD CONTRACT FOR THE REPAIR OF WELL
NOS. 8 AND 11:
1VIr. Burns, City Manager, e�lained that staff received two bids for repair of
Well Nos. 8 and 11. Staff recommended that the bid award foi repau of Well No.
8 be awarded to Bergerson-Caswell in the amount of $21,756.50. Staff also
recommended that the bid for the repair of Well No. 11 be awarded to Mark
��aut Wells in the amount of $34,325. These amounts are less than the $60,000,
which was budgeted for these well repairs.
RECEIVED BIDS AND AWARDED CONTRACT FOR THE REPAIR OF
WELL NO. 8 TO BERGERSON-CASWELL IN THE AMOUNT OF
$27,756.50, AND FOR THE REPAIR OF WELL NO. 11 TO MARK TRAUT
WELLS IN THE AMOUNT OF $34,325.
5. RECENE BIDS AND AWARD CONTRACT FOR THE PURCHASE OF A
TANKER/FLUSHER TRUCK:
Mr. Burns, City Manager, stated that the City received two bids for this
purchase; one of which did not meet speci.fications. Therefore, staff
recommended that the bid be awarded to Ruffxldge-Johnson of Minneapolis in
the amount of $98,613.29. This amount takes into account a warranty option
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FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 22� 1999 PAGE 3
and a$7,500 credit for a trade-in. Mr. Buins noted that this vehicle was
principally used for ice maintenance and landscape watering.
ftECEIVED BIDS AND AWARDED CONTRACT FOR THE PURCHA.SE
OF A TANKER/FLUSHER TRUCK TO RUFFftIDGE-JOHNSON OF
MINNEAPOLIS IN THE AMOUNT OF $98,613.29.
6. RECEIVE BIDS AND AWARD CONTRACT FOR SANITARY SEWER
REPAIR PROJECT NO. 320:
Mr. Burns, City Manager, explained that the City received bids fiom four
contractors for re-lining sanitaiy sewer lines on 68th Avenue between Madison
Street and Highway 65. Staff recommended that the bid be awarded to the low
bidder, Visu-Sewer Clean & Seal, Inc. of St. Louis Park in the amount of
$125,370.40, which would be well within the budgeted amount of $170,000.
RECEIVED BIDS AND AWARDED CONTRACT FOR SANITARY
SEWER REPAIR TO VISUSEWER CLEAN & SEAL, INC. OF ST. LOUIS
PARK, MINNESOTA, IN THE AMOUNT OF $1`L5,370.40.
7. RESOLUTION NO. 18-1999 AUTHORIZING CHANGES IN
APPROPRIATIONS FOR THE GENERAL FUND AND THE CAPITAL
IMPROVEMENT FUND THROUGH DECEMBER 31, 1998:
Mr. Burns, City Manager, explained that these changes have been requested as
a result of donations and other unforeseen revenues and e.zpenditures. The
General Fund revenue and expenditure adjustments amount to $17,482, with
$15,282 being accounted for by revenues and eYpenditures for the City's
fuefighters pension contilbution. The capital improvement adjustment of
$13,000 is for treatment of contaminated soil at the municipal garage.
APPROVED THE ADOPTION OF ftESOLUTION NO. 18-1999,
AUTHORIZING CHANGES IN APPROPRIATIONS FOR THE GENERAL
FUND AND THE CAPITAL IMPROVEMENT FUND THROUGH
DECEMBER 31, 1998.
8. APPROVAL OF 1999 RE APPOINTMENTS TO CITY OF FRIDLEY
COMMISSIONS:
Mx. Burns, City Manager, noted that all of the cux�rent board or commission
members whose teims expire on April 1, 1999 have indicated that they would
like to be reappointed to an additional teim.
FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 22 1999 PAGE 4
APPROVED 1999 RE APPOINTMENTS TO CITY OF FRIDLEY
COMMISSIONS.
9. APPOINTMENTS: CITY EMPLOYEES•
Mr. Burns, City Manager, explained that staff recommended the appointment of
Nicholas Kaufer as Patrol Officer. Mr. Kaufer has a Bachelor of Science Degree
in Law Enforcement from the Metropolitan State University and also completed
a law enforcement skills course at the Minneapolis Community College. He
served as a police o�cer with the Minnesota State Fair Police Department and
has been a reserve officer with the Baypoi�t Police Department.
Mr. Buins also added that staff recommended the appointment of Michael
Stalboerger to the Streets Maintenance position. Mr. Stalboerger has been
working as a dzzver foY• Browning Fex71s IndustYZes (BFn for the past nine years.
APPROVED THE APPOINTMENT OF NICHOLAS KAUFER TO THE
POSITION OF FRIDLEY POLICE OFFICER AND THE APPOINTMENT
OF MICHEL STALBOERGER TO THE STREETS MAINTENANCE
POSITION.
9(A). RESOLUTION NO 21-1999 REQUESTING STATE AID
CONSTRUCTION FUNDS FOR THE RIVERVIEW HEIGHTS PROJECT:
Mr. Burns, City Manager, explained that this resolution was a request for
population funds within the Minnesota Department of Transpoi�tation's state aid
account for off-system use.
APPROVED THE ADOPTION OF RESOLUTION NO. 21-1999,
REQUESTING STATE AID CONSTRUCTION FUNDS FOR THE
RIVERVIEW HEIGHTS PROJECT.
10. CLAIMS:
APPROVED THE PAYMENT OF CLAIM NOS. 85488 THROUGH 85779.
11. LICENSES:
APPROVED LICENSES AS SUBMITTED.
FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 22. 1999 PAGE 5
12. ESTIMATES:
APPROVED ESTIMATES AS FOLLOWS:
Newquist & Ekstxum, Chartered
301 Fridley Plaza O�ce Building
6401 University Avenue N.E.
Fridley, MN 55432
Services Rendered as City Prosecuting
Attorney for the Month of November, 1998 $16.605.00
MOTION by Councilmember Baznette to approve the consent agenda, with the
inclusion of Item 9(A). Seconded by Councilmember Wolfe.
UPON A VOICE VOTE, ALL MEMBERS VOTING AYE, MAYOR JORGENSON
DECLARED THE MOTION CARRIED UNANIMOUSLY.
ADOPTION OF AGENDA:
MOTION by Councilmember Billings to approve the adoption of the agenda. Seconded
by Councilmember Barnette.
UPON A VOICE VOTE, ALL MEMBERS VOTING AYE, MAYOR JORGENSON
DECLARED THE MOTION CARRIED UNANIMOUSLY.
PUBLIC HEARING:
13. RIVERVIEW HEIGHTS AREA IMPROVEMENT PROJECT NO. ST.
1999-1:
MOTION by Councilmember Bolkcom to open the public hearing at 7:50 p.m. and to
waive the reading. 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.
Mr. Flora, Public Works Director, provided a surrzmary and diagrams of the proposed
improvements. The project consists of upgxading all of the streets in the area, west of
Eas� River Road and no��th of 79th Way, replacing asphalt curbs with new concrete curb
and gutter and new asphalt sui�aces, sanitaiy sewer unprovements and a new storm
water system teiminating at a detention pond at 79th Way and R.iverview Terrace.
FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 22 1999 PAGE 6
Additionally, a flood control structure would be constructed to prevent flooding of the
Mississippi River through Stonybrook Creek. He explained that the project does not
allow for a separate bike path to be constructed, but that street parking would be
forbidden on R.iveYView Terrace to allow for a bike lane.
Mr. Flora said staff hoped to have the construction completed by October of 1999. The
assessment hearing would likely then be held in November, where moxe accurate
assessment figures would be available. At this time, it appeared that the costs would
not exceed $14.00 per fi•ont foot for the concrete curb and gutter and would not exceed
$1,000 per propex�ty for the storm water assessment. The assessments could be paid as
a part of the resident's taxes over a fifteen-year period with interest, or they could pay
the assessments in full. Additionally, there would be a senior defezTal process for those
who ax�e eligible.
Mayor Jorgenson noted that thex•e are properties that consist of more than one lot or
parcel_ In this instance, it would be advantageous to the property owner to combine the
lots under one PIN number so that the property is looked upon as one lot for
assessment puiposes. To accomplish this, propex�ty owners should contact the city
assessor.
Mr. Kevin Holman, 571 79th Way N.E., asked if the new road would be raised. If so, he
asked what effect it would have on his propei�ty. 1VIr. Flora noted that the road would
be raised, but a new dYlveway would be provided fiom the road down to his garage
(Mr. Holman noted, however, that he does not cui7ently have a garage).
Mr. Holman asked if the concrete slab being constYUCted as part of the flood control
structure would enable people to park there. Mr. Flora noted that there would b.e grass
around the slab, so it will likely be looked upon as a boulevard.
Mr. A1 Stahlberg, 8055 R,iveiview Teizace, asked if a sidewalk would be put in as noted
on the backside of the notice under construction items. Mr. Flora noted that there are
no plans for sidewalks as a part of this project.
Ms. Deb Strand, 590 Hugo Street, stated that she has experzenced sewer problems and
wondered if the sewer work would be included as pai�t of the project, or if it would be a
separate charge to the residents. Nli•. Flora noted that the sanitary sewer
improvements would be completed in conjunction with the project. However, he noted,
that her property is not identified as a problem proper�ty. Ms. Strand replied that her
property is 50 feet fiom the sewer connection. When the City scoped out her sewer
there was 79 feet of sewer system. She would like to have the line straightened out.
She wondered if this could be done. Mr. Flora told her that if she would like to do so,
now would be the ideal time; however this cost would be her responsibility. If she
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FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 22,1999 PAGE 7
wished to proceed, Mx. Flora asked that she contact a plumber and have them contact
him directly.
Councilmember Billings noted that the only sanitary sewer work, which would be paid
for by the City as a part of this project, would be the work that needs to be done in the
right-of-way. Any additional work, which may be necessary from that portion of the
line to the residents home, is a cost that would need to be paid for by the resident.
Mr. Garland Lagesse, 7951 Broad Avenue N.E., stated that he received a letter of a
potential sewer problem at his property, and that the City needed to come out to his
property to further assess the situation. However, when they came out they were only
able to get out approximately GO feet with the camera. They were told that someone
would get in touch with them; however, to date he has not heard from anyone.
Mr. Flora noted that the problem has been identified as a repau job at the street. He
apologized that staff has not gotten back to him.
Mr. Flora noted that it is sometimes di�`icult to determine when televising the line
whether the problem exists at the main sewer line or at the house connection. This
resident noted that it was possible that there are problems between the area that they
were able to televise from his house and the main line (approximately 100 feet).
Mr. Flora asked that the resident contact Jim Brindley, Sewer Supervisor, for further
infox�nation.
Mr. Flora informed residents that during construction, residents would be able to get to
thei� properties. However, when the new concrete curb and gutters are put in, it would
be necessaxy to stay off the concrete for a pe�lod of time. Du�zng that time, residents
would be notified and would be able to park on the streets.
N1r. Dennis Micke, 621 Lafayette Street, asked why staff hasn't looked at the option of
duected curbing which would take sux�'ace water and direct it above ground rather
than tearing up streets and putting in a new system to direct water flow underground.
It seems like direct curbing would be more cost effective.
Mi. Flora noted that par�t of the puipose in putting in a new system is to bring much of
the runoff into a detention pond where the sediments are settled, and therefore, provide
for a better quality of water to the river. It would also provide for ground water
recharge. Additionally by having a system underground, the pipes can be sloped
downward regardless of the alignment of the roadway.
Mr. John Maloy, 8051 Broad Street, stated that he has expezlenced problems with his
dxlveway. The slope of it is rather steep, and he already has problems with his vehicle
when entering/exiting his dxlveway. He wondered how his property would be affected
with the new road. 1VIi. Flora stated that they are doing as much as they can to try to
FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 22 1999 PAGE 8
match the existing dilveways. However, he would like to come out to the property to
look at the situation so that any potential problems can be corrected.
Ms. Deb Wagner, 681 Ely Street, asked why Rivexview Terrace was being widened.
She noted that the roads in the Christianson Crossing development are substantially
narrower.
Councilmember Bolkcom noted that the Chizstenson roads are private roadways, which
are also pilvately maintained.
Mr. Larry Miskowiec, 440 Ely Street, asked what would happen if the project is not
completed by winter. He also wanted to know if constructi.on would be done during the
night. Mr. Flora stated that he does not foresee a problem in completing the
consti�uction before winter. He noted that it is possible that construction would begin
early in the morning and that it could continue into the evening. However, it is
unlikely that any construction wol�ld take place duting the night. The hours of work,
however, would la�.•gely depend upon the weather.
One resident voiced his concern about the detention pond and whether it will become a
mosquito "breeduig gtound". M�.�. Flora noted that typically any rainwater would drain
off relatively fast. He did not fox•esee this being any gxeater a problem than the
rainwater accumulating in areas of the park.
Mr. A1 Stahlberg asked how the sand on the streets would affect the water run off.
1VIY. Flora noted that Fxzdley has a veiy aggressive street sweeping prog•ram. It is likely
that most of the sand accumulated duYing the winter months would have been removed
by then.
1VIr. Stahlberg stated that he felt a smooth ditch would be fa.r easier to clean out than
gi avel one.
Mr. Dave Ruschy, 584 Janesville, stated his concerns about access to his property with
this construction and the East River Road construction.
1VIz. Bob Hashier, G00 Kimball Street, stated that his concern is about re-routing traffi.c
to Kimball Street, Fairmont Street or 79th Avenue duizng the East River Road
construction. He felt that it would create a lot more traffic in his neighborhood. He
also noted that a tra�c signal was badly needed at the end of Kimball Street or
Faitmont Street.
In response to a concern addressed by a resident about oil residue deposits, etc., Mayor
Joigenson stated that she felt it was the responsibility of each resident to see that theix
FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 22, 1999_ PAGE 9
vehicles are not dripping oil onto the streets. However, it would be far better to have a
residue buildup on the rocks than have it go into the river.
One resident asked if it is necessaiy to have grass around the detention pond. Mayor
Jorgenson noted that there are other options, however grass would provide a more
aesthetically pleasing appearance.
Councilmember Barnette took this oppox�tunity to thank Councilmember Bolkcom for
her efforts in working with the R.iveiview Heights residents on this project. Council-
member Barnette stated his appreciation to all residents who took the time to come to
the meeting, noting that this project will be a great improvement to their
neighborhoods.
Councilmember Bolkcom stated that she also is appreciative to those residents and the
input she has obtained. She stated that she hopes they all will see the benefits of this
pro�ect.
MOTION by Councilmember Bolkcom to close the public heaxing at 8:55 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 8:55 P.M.
NEW BUSINESS:
14. RESOLUTION NO. 19-1999 ORDERING FINAL PLANS AND
SPECIFICATIONS AND ESTIMATES OF COSTS THEREOF:
RIVERVIEW HEIGHTS AREA IMPROVEMENT PROJECT NO. ST.
1999-1:
MOTION by Councilmember Bolkcom to approve the adoption of Resolution No.
19-1999 Ordering the Final Plans and Specifications and Estimates of Costs Thereof:
R.iveiview Heights Area Improvement Project No. ST 1999-1. Seconded by
Councilmember Barnette.
UPON A VOICE VOTE, ALL MEMBERS VOTING AYE, MAYOR JORGENSON
DECLARED THE MOTION CARRIED UNANIMOUSLY.
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FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 22 1999 PAGE 10
15. RESOLUTION NO. 20-1999 RECEIVING FINAL PLANS AND
SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS:
RIVERVIEW HEIGHTS AREA IMPROVEMENT PROJECT NO. ST.
1999-1:
MOTION by Councilmember Bolkcom to approve the adoption of Resolution No.
20-1999, Receiving Final Plans and Specifications and Ordexzng Adverti.sement for
Bids: Riverview Heights Area Impxovement Project No. ST 1999-1. Seconded by
Council-member Billings.
UPON A VOICE VOTE, ALL MEMBERS VOTING AYE, MAYOR JORGENSON
DECLARED THE MOTION CARRIED UANIMOUSLY.
16. INFORMAL STATUS REPORTS:
Mayor Jorgenson noted that the City's Web Page is up and running. For further
information, contact Bill Champa at the Municipal Center.
Ms. Barbara Dacy, Community Development Du•ector, noted that the North Metro
Home and Garden Fair will be held on Satux�day, Februaiy 27 fiom 9:00 a.m. to 3:00
p.m. at the Mounds View Community Center. This is a joint effort between several
cities and will provide homeowners with information about home improvements and
remodeling options.
Councilmember Bolkcom stated that members of the 50th Anniversazy Task Force have
been putting together a commemorative booklet, which will be coming out in Focus
News in March.
ADJOURN:
MOTION by Councilmember Bolkcom to adjourn the meeting. Seconded by Council-
member Barnette.
UPON A VOICE VOTE, ALL MEMBERS VOTING AYE, MAYOR JORGENSON
DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE
FEBRUARY 22, 1999 MEETING OF THE CITY COUNCIL WAS ADJOURNED
AT 9:05 P.M.
Respectfully submitted,
Tamara D. Saefke Nancy J. Jorgenson
Recording Secretaiy Mayor
MEMORANDUM
DEVELOPMENT DIRECTOR
DATE: February 25, 1999
I�
TO: William W. Burns, City Manager ��
FROM: Barbara Dacy, Community Development Director
SUBJECT: Resolution Amending the Geographic Area for the Alternative Urban
Areawide Review for the Medtronic Inc. Campus
The final AUAR document is now being prepared by staff. Since Medtronic Inc. has
submitted a concept master plan which includes additional geographic area beyond the
original boundaries of the project, legal staff has suggested that the City Council amend
the previous resolution adopted in October to identify the additional geographic area.
Exhibit A of the resolution identifies the seven single family lots which have been
proposed for acquisition by Medtronic Inc. The purpose of amending the previous
resolution is simply to ensure that the final AUAR environmental document is accurate
and complete as to the current scope and status of the proposed project. The
resolution in no way commits the City Council to any other issues other than simply
analyzing the additional area in terms of environmental impacts.
Recommendation
Staff recommends that the City Council adopt the attached resolution as presented.
BD\jt
Enclosure
M-99-46
1.01
R$SOLUTION NO. - 1999
A RESOLUTION AMENDING RESOLUTION NO. 68-1998 TO AMSND
THi3 G}'sOGRAPHIC ARRA FOR THE ALTERNATIVE URBAN ARSAWIDS
REVI$W FOR THE MRDTRONIC INC. CAMPIIS AT THS NORTHWEST
CORNER OF I-694 AND HIGHWAY 65
WHEREAS, the City Council on October 19, 1998, adopted Resolution No.
68-1998 regarding initiation of the Alternative Urban Areawide Review
for the Medtronic Inc. campus; and
WHFsREAS, Resolution No. 68-1998 referred to a geographic area
consisting of the 41 acre site commonly referred to as the Fridley
Executive Center site; and
WHf3REAS, Medtronic Inc. has subsequentTy submitted a concept plan for
a master plan of development which includes additional property to the
north of subject site; and
WHEREAS, the City of Fridley is conducting the Alternative Urban
Areawide Review process as provided for by the State of Minnesota, and
WHEREAS, the final Alternative Urban Areawide Review is now being
prepared.
NOW, THEREFORE, BE IT RFsSOLVED, by the City Council of the City of
Fridley, Minnesota, hereby amends Resolution No. 68-1998 to include
additional area to the north of the site as shown on the attached
Exhibit A. '
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 1ST
DAY OF MARCH, 1999.
ATTEST:
DEBRA A. SKOGEN - CITY CLERK
1.02
NANCY J. JORGENSON - MAYOR
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MEMOR.ANDUM
PLANNING DIVISION
Date: 2/25/99 �
To: William Bums, City Manager �
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From:Barbara Dacy, Community Development Director
Scott Hickok, Planning Coordinator
Paul Bolin, Planning Assistant
RE: Resolution Authorizing Staff to Apply For Mississippi National River and
Recreation Area (MNRRA) Plan Funding Assistance (M99-47)
INTRODUCTION
Funding assistance is being made available to Mississippi River communities by the National Park
Service through the Metropolitan Council. The purpose of the funding is to assist local communities
review and assess plans and ordinances to decide how local plans and ordinances might be updated to
conform with the MNRRA Comprehensive Management Plan.
The MNRRA Comprehensive Management Plan was approved in 1995. The plan is not another layer
of govemment, nor is it another regulatory tool. The plan itself has no teeth. The plan lays out
guidelines that local units of govemment can adopt into their ordinances and plans to implement the
intent of the plan. The plan also relies on existing state regulations, such as the Critical Areas Act and
the Shoreland Management Act, to meet its intent.
The MNRRA Plan is divided into a finro-tier system. Tier 1 conformance requirements are strictly what
is currently required by the state, adoption of a Critical Areas Plan and a Shoreland Management Plan.
Tier 2 is additional, suggested ordinances and plans that a City may choose to adopt to further comply
with and meet the intent of the MNRRA Plan.
The funding assistance requested will not require that the City of Fridley comply with all the policies of
the MNRRA Plan. However, current state law requires that Fridley comply with the requirements for the
state designated Critical Areas (Ter 1), whether or not Fridley accepts this funding assistance. The
requested funding can be used to review and update current plans and ordinances to ensure that they
comply with state law and to evaluate if there are any benefits to adopting additional (Tier 2) MNRRA
standards.
The money does require a 50% match from the local unit of govemment. In the proposal to Met
Council, we have stated that a portion of the money set aside for the Comprehensive Plan shall be
considered the City's match. Staff anticipates no other match will be needed.
STAFF RECOMMENDATION
Staff recommends that the City Council adopt the resolution allowing staff to apply to the Metropolitan
Council for MNRRA Plan Funding Assistance. This appears to be an excellent opportunity to gain
additional funding to enhance portions of the City's Comprehensive Plan. There appears to be no
strings attached to the money being distributed, other than what is cu�rently required by state law.
2.01
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RESOLUTION NO. __ - 1999
A RESOLUTION AUTHORIZING APPLICATION TO THi3
MFTROPOLITAN COUNCIL FOR MNRR.A PLAN FUNDING ASSISTANC$
WHEREAS, the City of Fridley, Minnesota includes areas within the
Mississippi National River and Recreation Area (MNRRA), established by
Public Law 100-696 and within the state Mississippi River Critical
Area, originally designated in 1976 by Executive Order pursuant to the
Minnesota Critical Areas Act of 1973, as amended in 1991 to include
MNRRA; and
V�IiEREAS, the Critical Areas Act requires that local governments within
the critical area adopt and implement plans and ordinances that meet
standards and guidelines that are approved by the Minnesota Department
of Natural Resources; and
WH$REAS, the MNRRA Comprehensive Management Plan (the Plan), effective
May 22, 1995, incorporates the existing state law and standards for
the Mississippi River Critical Area as well as other existing state,
local and regional land use authorities in order to implement the
Plan; and
WHEREAS, full implementation of the MNRRA Comprehensive Management
Plan also depends on local governments updating their plans and
ordinances to voluntarily incorporate the additional resource
protection goals in the MNRRA Plan, as tailored to local needs; and
WIiEREAS, the National Park Service has entered into a cooperative
agreement with the Metropolitan Council to provide financial and
technical assistance to local governments for implementation of the
MNRRA Comprehensive Management Plan and has authorized the
Metropolitan Council to provide funding assistance to local
governments for the review and assessment of Critical Area and all
other relevant local plans, ordinances and enforcement systems to
determine if they conform to the MNRRA Plan:
NOW, THER$FORE, B$ IT R$SOLVSD, by the City Council of the City of
Fridley, Minnesota, that staff is hereby authorized to submit an
application for MNRRA Plan Funding Assistance to the Metropolitan
Council in the amount of $15,000.
BE IT FURTHi3R RFsSOLVED, by the City Council that the City of Fridley
will provide at least 50� match for the project costs and will use the
MNRRA funding assistance to review and assess existing plans and
ordinances in order to determine how to update such plans and
ordinances for compliance with state law/or voluntary conformance with
the MNRR.A Comprehensive Management Plan.
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PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 1ST
DAY OR MARCH, 1999.
ATTEST:
DEBR.A A. SKOGEN - CITY CLERK
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NANCY J. JORGENSON - MAYOR
MNRRA LOCAL FUNDING ASSISTANCE REQUEST
1. Applicant: CITY OF FRIDLEY
2. Contact: Paul Bolin, Planning Assistant
6431 University Avenue
Fridley, MN 55432
Phone: (612)572-3593
Fax: (612)571-1287
e-mail: bolinp@ci.fridley.mn.us
3. Dates Critical Area Plan / Ordinances were adopted:
Fridley has had an approved Critical Area Plan in place since 1980. In 1995,
the City Council adopted an amendment updating the City's Water and Sewer
Chapters of the Comprehensive Plan. The City also adopted a Water
Conservation and Emergency Plan in 1995.
4. Proposed Project Purpose and Outcomes
The main purpose for this project is to update the plan to 1999 conditions,
develop an acceptable shoreland management ordinance, and explore the
possibilities of MNRAA Tier II conformance. Specific desired outcomes
include; an inventory of wetlands and plans for protection, historical site
identification, and standards for vegetative screening along the river.
5. Current status of critical area plans and related ordinances
According to comments received from Met Council staff, the Fridley Critical
Area Plan is "clear succinct, well organized, and includes good inventories.
The Plan is largely consistent with Critical Area requirements': Met Council
staff identified areas to be added to , or clarified in the update of the Critica!
Area Plan. Items to be added or clarified included; wetland inventory, historic
site identification, site design policies, and surFace water plans consistent
with state law and Critical Area requirements.
6. Goals and issues to be addressed as related to MNRRA and Mississippi River
Critical Area Governor's Executive Order. Approach or strategy to addressing
issues.
To update and clarify the wetland inventory, historic site identification, site
design policies, and surface water plans. This is also an excellent opportunity
for the City to examine the potential for Tier II conformance.
7. Work plan and project time table.
A. Review Critical Area Plan
B. Review DNR & Met Council assessment of City's plan and ordinance(s)
C. Review MNRRA Implementation guidelines
2.04
D. Meet with appropriate agencies to determine out of date issues versus
current MNRRA Plan
E. Review relationship of other natural resources to Mississppi River
(tributaries and flood plain areas)
F. Identify potential projects of issues which the City should address along
the river to achieve the City's vision.
G. Conduct a public meeting(s) focusing on the river corridor and the
application of MNRRA policies.
All work tasks will be completed by September 1, 1999.
8. Budget and sources of matching funds.
The City of Fridley is currently in the process of updating it's Comprehensive
Plan. The Comprehensive Plan has an overall budget of $62,750 and is being
completed by the Hoisington Koegler Group. A portion of the Comprehensive
Plan budget has been ear-marked for initiating review of MNRAA / river related
planning activities. However, in .order to reach the desired outcomes of the
Critical Area Plan, an additional $15,000 will need to be obtained for the
project.
9. Other resources available to project.
Hoisington Koegler Group is currently in the process of completing the City's
Comprehensive Plan. All of the information they have collected for the
Comprehensive Plan process will be useful in completing the Critical Area
Plan. Additional resources available include:
a. Watershed plans
b. City of Fridley GIS mapping and information
c. Water Conservation Plan
d. Amended Sewer and Water Plan
e. Technical assistance from DNR, Met Council, and National Park Service
10. Attachments
• City Council resolution
• Met Council staff review of Fridley Critical Area Plan
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ClTY OF
FRIDLEY
CLAIMS
MARCH 1, 1999
CLAIMS
85780 - 85869
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CRY OF
FRIDLEY
Frederic W. Knaak, Esq.
Holstad and Knaak, P.L.C.
3535 Vadnais Center Drive
St. Paul, MN 55110
ESTIMATES
MARCH 1, 1999
Services Rendered as City Attorney
for the Month of February, 1999 ........................................................ $ 5,000.00
5.01
MEMORANDUM
PLANNING DIVISION
DATE: February 25, 1999
TO: William W. Bums, City Manager�^'j��
FROM: Barbara Dacy, Community Development Director
Scott J. Hickok, Planning Coordinator
SUBJECT: Consider Revocation of Special Use Permits for Paul Litwinczuk
INTRODUCTION
Staff asks that the City Council consider a revocation hearing for Paul Litwinczuk's
second accessory structure special use permit at 6291 Central Avenue NE. A
revocation hearing would be required to allow the property owners their due
process and an opportunity to enter their statements into the public record. It is
the City's obligation to enforce the stipulations of a special use permit, or the City
waives its right to do so. The City can determine after the public hearing whether
or not the facts warrant revocation.
SUMMARY OF ISSUES
Paul Lifinrinczuk of 6291 Central Avenue N.E. was granted a special use permit
(#97-07) in October 1997. The City Council granted a special use permit to allow
Mr. Lifinrinczuk's existing 2-car garage to remain, as he built his home with an
attached 2-car garage. Mr. Litwinczuk's approval included 7 stipulations.
Mr. Lifinrinczuk has failed on the requirements for 3 of the 7 stipulations.
• All vehicles are to be parked on a hard surface as approved by the City. He
does not have the hard surFace driveways installed.
• The siding and roof materials shall match the exterior of the new dwelling.
The siding and roofing do not match.
• A letter of credit of $20,000 shall be submitted to assure completion of the
project in accordance with City requirements. No letter was submitted.
The special use permit stated: Failure to complete fhe project by October 1, 1998,
shall constitute a basis for establishing a public hearing to revoke the special use
permit.
6.01
Paul Litwinczuk
February 25, 1999
PAGE 2
As for revocation for violations, our City Attomey has indicated that the City is
obligated to review cases such as this and make a determination as to the action
necessary. Mr. Knaak has indicated that there is no such thing as a partial
revocation. Either the City revokes the special use permit, or they do not. The
City cannot partially revoke a permit. If revoked, Litwinczuk can re-apply for a
permit. New stipulations would be constructed through this process.
In all cases a public hearing must be held in accordance with state law. Once the .
hearing is held the City has the following 2 options:
• Revoke special use permit, SP #97-07, and require Mr. Litwinczuk to either re-
apply for a special use permit by a given date or remove the garage by a
given date.
• Allow Mr. Litwinczuk to keep his special use permit, but create a public record
setting Litwinczuk on notice of past violations and the City's obligations to
strictly enforce the stipulations of the special use permit.
HISTORIC REFERENCE
The City has exercised its right to hold a revocation hearing with another business
in Fridley. Home Depot was issued a citation and pled guilty to violating City
ordinances and the provisions of their special use permit. The City did not revoke
the special use permit, but notified Home Depot of its intent to revisit and
potentially revoke their special use permit for future violations. Home Depot has
complied with City requirements since the time of that hearing.
RECOMMENDATION
Due to the disregard for numerous critical stipulations, staff recommends that the
City revoke the special use permit at this time. Further, staff recommends that a
new special use permit be requested, by Mr. Litwinczuk, through a formal
application process, by the City's April 2, 1999 deadline. 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 second accessory (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 and
all associated expenses will be billed to the property owner.
M-99-51
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U�DL�Y
FTZi
FRIDLEY MUNICIPAL CENTER • 6�131 UNNERSTtY AVE. N.E. FRIDLEY, MN 55432 •(612) 571-3450 • FAX (612) 571-1287
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November 6, 1997
Paul Litwinczuk
6291 Centrai Avenue N.E.
Fridley, MN 55432
Dear Mr. Litwinczuk:
On October�7, 1997, the Fridley City Council officially approved your request for a
special use permit, SP #97-07, to grant approval to maintain an existing 18' x 20'
garage on Lot 17, except the South 55 feet thereof, Auditor's Subdivision No. 22,
generally located at X91 Central Avenue N.E.
This special use permit is contingent upon the following stipulations:
1. All grading, drainage, and downspout locations shall be designed in a manner to
prevent detrimental runoff impacts to adjacent properties.
2. All necessary permits shall be obtained from the City prior to construction.
3. The structure shall not be used for a home occupation.
4. All vehicles shall be stored on a hardsurface as approved by the City.
5. The siding and roof materials shall match the exterior of the new dwelling. An
overhead garage door shall be installed.
6. A letter of credit of $20,000 shall be submitted prior to issuance of a building permit
to insure timely completion of the project.
7. Failure to complete the project by October 1� 1998 shall constitute a basis for
establishing a public hearing to revoke the special use permit.
6.03
Paul Litwinczuk
November 6, 1997
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You have one year from the date of City Council action to initiate construction. If you
cannot begin construction in time, you must submit a letter requesting an extension at
least three weeks prior to the expiration date.
If you have any questions regarding the above action, please call me at 572-3590.
Sincerely,
Barbara Dacy, AICP
Community Development Director
BD/dw
Please review the above, sign the statement below and retum one copy to the City of
Fridley P(anriing Department by November 20, 1997.
Concur with action taken.
6.04
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MEMOR.ANDUM
PLANNING DIVISION
DATE: February 25, 1999
TO: Wiiliam W. Burns, City Manager,y/'� ��
FROM: Barbara Dacy, Community Development Director
Scott J. Hickok, Planning Coordinator
SUBJECT: Consider Revocation of Special Use Permits for Wal-Mart
INTRODUCTION
Staff asks that the City Council consider a revocation hearing for the Wal-Mart
garden centers special use permit. A revocation hearing would be required to
allow the property owne�s their due process and an opportunity to enter their
statements into the public record. It is the City's obligation to enforce the
stipulations of a special use permit, or the City waives its right to do so. The City
can determine after the public hearing whether or not the facts warrant revocation.
SUMMARY OF ISSUES
In 1994, Wal-Mart received a special use permit, SP #94-14. Their special use
permit was to allow the expansion of an existing garden center (SP #92-07).
However, the approval of the special use permit was very specific in its definition of
where outdoor activities could occur.
Stipulation #2, SP #94-14, states, The petitionershall nof be permitted fo disp/ay
products on the front sidewalk.
Stipulation #3, SP #94-14, states, The petitionershall create a storage area fo the
rear of the building for trailer, pallet, and baled cardboard storage. The design of
the storage area shall meet with City approval.
In 1995 and 1996, several sidewalk sale violations occu�red.
On December 11, 1998, our staff issued a citation to Wal-Mart regarding continued
outdoor storage violations.
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WAL-MART
February 25, 1999
PAG E 2
As for revocation for violations, our City Attomey has indicated that the City is
obligated to review cases such as this and make a determination as to the action
necessary. Mr. Knaak has indicated that there is no such thing as a partial
revocation. Either the City revokes the special use permit, or they do not. The
City cannot partially revoke a permit. If revoked, Wal-Mart can re-apply for a
permit. New stipulations would be constructed through this process.
In all cases a public hearing must be held in accordance with state law. Once the
hearing is held the City has the following 2 options:
• Revoke special use permit, SP #94-14, and require Wal-Mart to discontinue
their garden sales within the fenced area east of their building.
• Allow Wal-Mart to keep special use permit, but create a public record setting
Wal-Mart on notice of past violations and the City's obligations to strictly
enforce the stipulations of the special use permit.
HISTORIC REFERENCE
The City has exercised its right to hold a revocation hearing with another business
in Fridley. Home Depot was issued a citation and pled guilty to violating City
ordinances and the provisions of their special use permit. The City did not revoke
the special use permit, but notified Home Depot of its intent to revisit and
potentially revoke their special use permit for future violations. Home Depot has
complied with City requirements since the time of that hearing.
RECOMMENDATION
Staff recommends the second option listed above. That the City not revoke the
special use permit at this time, but, create a record through the public hearing
process and preserve the City's right to revoke the special use permit for future
violations.
M-99-50
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C17YOF
FRf DLEY
FRIDLEY MU�IC(P.�L CENTER • 6�31 U�t(VERSfTY AVE. N.E. FRIDLEY. MN 5��t32 •(61?).571-3450 • FAX (6l2) 57i-12�7
CITY CO[TNCIL
ACTION TAKEN NOTICE
October 24, 1994
Wal-Mart Stores
8450 University Avenue N.E.
Fridley, 1�II1 55432
Dear Sir or Madam:
On October 17, 1994, the Fridley City Council officially approved
your request for a special use permit request, SP #94-14, to
allow the expansion of an existing garden center on Lot 1, Block
l, Wal-Mart in Fridley, the same being 8450 University Avenue
N.E.
Approval of the special use permit is contingent upon the
following stipulations:
1. No garden sales shall occur in the parking lot as conducted
in 1994.
2. The petitioner shall not be permitted to display products on
the front sidewalk.
3. The petitioner shall create a storage area to the rear of
the building for trailer, pallet, and baled cardboard
storage. The design of the storage area shall meet with
City approval.
4. The landscaping and irrigation displaced by the above
activities shall be relocated.
You have one year from the date of City Council action to
initiate construction. If you cannot begin construction in time,
you must submit a letter requesting an extension at least three
weeks prior to the expiration date.
7.03
Wal-Mart Stores
October 24, 1994
Page 2
If you have any questions regarding the above action, please call
me at 572-3590.
Sincerely,
Barbara Dacy, AICP
Community Development Director
BD/dw
cc: Wal-Mart Stores, Inc.
Please review the above, sign the statement below and return one
copy to the City of Fridley Planning Department by November 7,
1994.
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� ' oncur with act' n taken.
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UTY OF
FRiDLEY
FRIDLEY" �i� �IC[PAL CE�TER • 6431 U�[VERSITY AVE. N.E. FRfDLEY. MN 55-t32 •(61?) �71-3�F50 • FAX (612) 571-I'_�7
CITY COUNCIL
ACTION TAKEN NOTICE
S�ptember 10, 1992
Wal-Mart Stores, Inc.
c/o McCombs Frank Roos Associates, Inc.
Gregory Frank
15050 - 23rd Avenue North
Plymouth, MN 55447
Dear Mr. Frank:
On September 8, 1992, the Fridley City Council officially approved
your request for a Special Use Permit, SP �92-07, to allow garden
centers or nurseries which require outside display or storage of
materials, on the following described property:
Parcel 1: That part of the Diorth 32.12 acres of the
North Half of the Northwest Quarter of Section 2,
Township 30, Range 24, lying West of Highway 47
(University Avenue), according to the United States
Government Survey and situate in Anoka County, Minnesota.
Parcel 2: The East 600 feet as measured at right angles
to the west right-of-way of State Trunk Highway 47, of
the following described tract: All of the Northwest
Quarter of t.he North��;est �uartPr �f Sec.tion 2., Townshin
30, Range 24, Anoka ::ounty, Minnesota, lying westerly of
State Trunk Highway Nc. 47 except the South 1050 feet
thereof and except that part lying North of the South
line of the North 32.12 acres of said Northwest Quarter
of Section 2.
Parcel 3: The East 600 feet of the North 600 feet of the
South 1050 feet of all that part of the Northwest Quarter
of the Northwest Quarter of Section 2, Township 30, Range
24, Anoka County, Minnesota, lying Westerly of State
Trunk Highway No. 47.
This property is generally located at 85th and University
Avenues.
7.05
Wal-Mart SUP
September 10, 1992
Page 2
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Approval is based on the following stipulations:
1. Plat request, P.S. �92-05, shall be approved.
2. Bulk items shall be stored adjacent to the main building and
screened from the public right-of-way.
3. There shall be no outside storage of chemical fertilizers,
pesticides, or herbicides.
You have one year from the date of City Council action to initiate
construction. If you cannot begin construction in time, you must
submit a letter requesting an extension at least three weeks prior
to the expiration date.
If you have any questions regarding the above action, please call
the Planry�'ng Department at 571-3450.
B'�rbara Dacy, AICP �
Community Development Director
BD/dn
cc: YMCA
The Estate of Kenneth Isaacson
Please review the above, sign the statement below and return one
copy to the City of Fridley Planning Depar�ment by September 24,
1992.
Concur with ion taken
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7.06 �
MEMORANDUM
PLANNING DIVISION
DATE: February 25, 1999
TO: William W. Burns, City Manager ,�� j�
FROM: Barbara Dacy, Community Development Director
Scott J. Hickok, Planning Coordinator
SUBJECT: Consider Revocation of Special Use Permits for Menards
INTRODUCTION
Staff asks that the City Council consider a revocation hearing for the Menards
special use permit. A revocation hearing would be required to allow the property
owners their due process and an opportunity to enter their statements into the
public record. It is the City's obligation to enforce the stipulations of a special use
permit, or the City waives its right to do so. The City can determine after the public
hearing whether or not the facts warrant revocation.
SUMMARY OF ISSUES
In 1996, the City approved special use permit, SP #96-06, which allowed Menards
to have merchandise in the open and not within an enclosed structure. However,
the approval of the special use permit was very specific in its definition of where
outdoor sales could occur.
According to stipulation #2, of SP #96-06, No additional future outdoor display of
merchandise shall be permitted without a review and approval of a special use
permit by the City of Fridley.
Upon approval of their special use permit, Menard's began their redevelopment
project which took approximately 18 months to complete. Menards did a
commendable job in taking extraordinary precautions in assuring that the
construction addressed the concems of City staff and the neighbors.
Staffs annual inspections marked the progress and confirmed compliance until
August 1998. In August 1998, the City issued a citation to the Manager of
Menards due to a sale in the parking lot that involved numerous semi-trailers and
outdoor displays.
8.01
Menards
February 25, 1999
PAGE 2
Menards pled guilty in Court and paid several hundred dollars in fines. This sale
represented a violation of stipulation #2, SP #96-06.
In November 1998, Menards applied for a permit to sell Christmas trees in their
parking lot. This application was contrary to stipulation #2, SP #96-06. The City
Council asked staff to meet with corporate Menards to assure that they understood
the importance of compliance with their special use permit. Staff met with
corporate counsel for Menards who apologized and said that they would comply.
On November 19, 1998, a fruit sale occurred in the Menards parking lot. This sale
was contrary to stipulation #2, SP #96-06. No permit was requested, nor
notification given to alert the City of this sale.
As for revocation for violations, our City Attorney has indicated that the City is
obligated to review cases such as this and make a determination as to the action
necessary. Mr. Knaak has indicated that there is no such thing as a partial
revocation. Either the City revokes the special use permit, or they do not. The
City cannot partially revoke a permit. If revoked, Menards can re-apply for a
permit. New stipulations would be constructed through this process.
In all cases a public hearing must be held in accordance with state law. Once the
hearing is held the City has the following 2 options:
• Revoke special use permit, SP #96-06, and require Menards to discontinue
their sales within the fenced area north, east, and south of their building.
• Allow Menards to keep special use permit, but create a public record setting
Menards on notice of past violations and the City's obligations to strictly
enforce the stipulations of the special use permit.
HISTORIC REFERENCE
The City has exercised its right to hold a revocation hearing with another business
in Fridley. Home Depot was issued a citation and pled guilty to violating City
ordinances and the provisions of their special use permit. The City did not revoke
the special use permit, but notified Home Depot of its intent to revisit and
potentially revoke their special use permit for future violations. Home Depot has
complied with City requirements since the time of that hearing.
RECOMMENDATION
Staff recommends the second option listed above. That the City not revoke the
special use permit at this time, but, create a record through the public hearing
process and preserve the City's right to revoke the special use permit for future .
violations.
M-99-49 $.�2
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C[TY OF
FRl DLEY
1=1:11�1.1:1'�1l�IC�11',\t.�li\"I�I:K-b-3;lU\IVEILSI'fl�.-��'1=.\.f:.f=l:IULEI'.\i\ii-�;_'-I(,I?li;i-i-1i(J•1=:\\il,I'���I ;'�%
CITY COUNCIL
ACTION TAKEN NOTICE
Menard, Inc.
Gary Colby
4777 Menard Drive
Eau Claire, WI 54703
Dear Mr. Colby:
June 13, 1996
On June 10, 1996, the Fridley City Council officially approved three requests for
special use permits:
A. Consideration of a:special use permit, SP #96-05, to ailaw agencies selling o�
displaying recreational vehicles, boats, and marine equipment, machinery,
manufactured homes, or other similar enterprises having merchandise in the
open and not within an enclosed structure on Lots 9 and 11, Auditor's
Subdivision No. 94 in Anoka County, Minnesota, excepting therefrom: the
North 75 feet of the South 105 feet of the West 174 feet of the Southwest
Quarter of Section 24, Township 30, Range 24; and the North 75 feet of the
South 419 feet of the West 180 feet of the Southwest Quarter of Section 24,
Township 30, Range 24; and the East 1,789 feet of the Southwest Quarter of
Section 24, Township 30, Range 24; and beginning at a point on the South line
of said Section 24, East of and 50 feet distant from the Southwest corner of
said Section 24; thence running Easterly, along the South line of said Section
24, a distance of 189 feet to a point; thence turning in an angle of 89 degrees
17 minutes 38 seconds (interior angle) from the beforementioned 189 feet line
and running in a Northerly direction, a distance of 106.36 feet to a point;
thence turning in a Northwesterly direction and running along the arc of a
radius of 85 feet (delta angle 54 degrees 17 minutes 38 seconds), a distance of
80.55 feet to a point; thence running along the tangent of the beforementioned
arc, a distance of 100.4 feet to a point; thence turning in a Northerly direction
and running along the arc of a radius of 65 feet, a distance of 34.50 feet to the
point of intersection of the beforementioned arc with a line running parallel with
and 100 feet distant East of the West line of said Section 24; thence running
Southerly, parallel with and 100 feet distant East of the West iine of said
8.03
Gary Colby
June 13, 1996
Page 2
� R
Section 24, a distance of 155.45 feet to a point; thence running Easte�fy and
paralle! with the South line of said Section 24, a distance of 74 feet to a point;
thence running South 0 degrees 42 minutes 22 seconds East, a distance of 75
feet to a point; thence running Weste�ly, parallel with an 30 feet distant North
from the South line of said Section 24, a distance of 124 feet to a point; thence
running Southerly, parallel with and 50 feet distant East of the West line of said
Section 24, a distance of 30 feet to the point and place of beginning, according
to the duly recorded plat thereof on file and of record in the office of the
Register of Deeds in and for Anoka County, Minnesota. This property is
generally located at 965 - 53�d Avenue N.E. (the Menards property).
Approval of special use permit, SP #96-05, is contingent upon the �following
stipulations:
1. Prior approval of variance, VAR #96-10, allowing a 20' x 24' high (rather
than maximum not to exceed building height) accessory structure in a G
3, Shopping Center District.
2. All light fixtures shall be of a downcast design and shall r�ot 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 �his plan shall be reviewed and
approv�d 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. Said vantage point
being six feet above the north, west, and south properly lines.
5. The fence enclosure shall be prope�ly maintained and kept in good
repair.
6. There shall be no outdoor sales of fertilizer, pesticides, or other potential
poUutants.
7. Emergency access knock down panels shall be incorporated into the
rear yard area for emergency purposes.
. � ,
.
Gary Colby
June 13, 1996
Page 3
8. Ali emergency access routes shall be kept free from materials, dispiay
and clutter that �r✓iil biock 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 adjacent properties.
10. Ail building modifications shail be reviewed and approved by the City
Building Qfficial prior to commencement of construction.
11. Access into and out of the storage a�ea 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 a11 debris.
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.
15. Ths City shall review compliance of these terms, in its sole discretion, at
least annually. Failure of the City to conduct any such review, or make
any findings of noncompliance, shall not operate as a waiver of the
City's right or authority to do so in any future review or consideration of
compliance.
B. Consideration of a special use permit, SP #96-06, to aAow unscreened exterior
storage of materials and equipment on �ots 9 and 11, Auditor's Subdivision
No. 94 in Anoka County, Minnesota, excepting thereirom: the North 75 feet of
the South 105 feet of the West 174 feet of the Southwest Quarter of Section 24,
Township 30, Range 24; and the North 75 feet of the South 419 feet of the
West 180 feet of the Southwest Quarter of Section 24, Township 30, Range 24;
and the East 1,789 feet of the Southwest G�uarter of Section 24, Township 30,
Range 24; and beginning at a point on the South line of said Section 24, East
of and 50 feet distant from the Southwest comer of said Section 24; thence
running Easterly, along the South line of said Section 24, a distance of 189 feet
to a point; thence tuming in an angle of 89 degrees 17 minutes 38 seconds
(interior angle) from the beforementioned 189 feet line and running in a
No�therly direction, a distance of 106.36 feet to a point; thence tuming in a
8.05
Gary Colby
June 13, 1996
Page 4
Northwesterly direction and running along the arc of a radius of 85 feet {delta
angie 54 degrees 17 minutes 38 seconds), a distance of 80.55 feet to a point;
thence running along the tangent of the beforementioned arc, a distance of
100.4 feet to a point; thence turning in a Northerly direction and running along
the arc of a radius of 65 feet, a distance of 34.50 feet to the point of
intersection of the beforementioned arc with a line running parallel with and
100 feet distant East of the West line of said Section 24; thence running
Southeriy, parallel with and 1 QO feet distant East of the West line of said
Section 24, a distance of 155.45 feet to a point; thence running Easterly and
parallel with the South line of said Section 24, a distance of 74 feet to a point;
thence running South 0 degrees 42 minutes 22 seconds East, a distance of 75
feet to a point; thence running Westerly, parallel with an 30 feet distant No�th
from the South line of said Section 24, a distance of 124 feet to a point; thence
running Southerly, parallel with and 50 feet distant East of the West line of said
Section 24, a distance of 30 feet to the point and place of beginning, according
to the duly recorded plat thereof on file and of reco�d in the office of the
Register of Deeds in and for Anoka County, Minnesota. This property is
generally located at 965 - 53rd Avenue N.E. (the Menards p�operty).
Approval of special use pe�mit, SP #96-06, is contingent upon the following
stipulations
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 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
Frid ley.
3. All yard barns and accessory buildings and fence display shall be
moved to an area north of the existing Menards entrance.
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 shall be reviewed and approved by the
City Building Official prior to construction.
: 1 .
Gary Colby
June 13, 1996
Page 5
6. Any architecturai detail of the display or modification shall be consistent
with the architectural detail of the primary structure.
7. The yard barn/accessory building display shall be kept free of debris.
8. Any sales of recreational vehicles, boats, marine equipment and
manufactured homes shall require official review by City staff, the
Planning Commission and approva! by the City Council.
9. The City shall review compliance of these terms, in its sole discretion, at
least annually. Failure of the City to conduct any such review, or make
any findings of noncompliance, shall not operate as a waiver of the
City's right or authority to do so in any future review or consideration of
compliance.
C. Consideration of a speciat use permit, SP #�6-07, to allow agencies salling or
displaying recreational vehicles, boats, and marine equipment, machinery,
manufactured homes, or other similar enterprises having merchandise in the
open and no*. within an enclosed structure on Lot 1, Block 1, Skywood Mall,
generally located at 5207 Central Avenue N.E. (presently the Skywood Mall
property).
Approval of special use permi;, SP �96-07, is contingent upon the following
stipulations:
1. Prior approval of variance, VAR �96-10, allowing a 2�' x 24' 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 instalfation.
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.
8.�7
Gary Colby
June 13, 1996
Page 6
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 potentiai
pollutants.
7. Emergency access knock down panels shaii be incorporated into the
rear yard area for emergency purposes.
8. All emergency access routes shali 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 adjacent�properties.
10. All building modifications shal( be reviewed and approved by the City
Building Official prior to commenceme�Zt of constn.iction.
11. Access into and out of the storage area shall be clearly marked for
custorner 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.
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.
15. The City shall review compliance of these terms, in its sole discretion, at
least annually. Failure of the City to conduct any such review, or make
any findings of noncompliance, shall not operate as a waiver of the
City's right or authority to do so in any future review or consideration of
compliance.
You have one year from the date of City Councit action to initiate construction. If you
cannot begin construction in time, you must submit a letter requesting an extension at
least three weeks prior to the expiration date.
. .
. 1 .
Gary Colby
June 13, 1996
Page 7
If you have any questions regarding the above action, piease cali me at 572-3590.
Sincerely,
Barbara Dacy, AICP
Community Development Director
B D/dw
cc: SDMTK inc.
Please review the above, sign the statement below ard return one copy to the City of
Fridley Planning Department by June 27, 1996.
Concur with action taken.
: 1 '
MEMORANDUM
DEVELOPMENT DIRECTOR
Date: February 23, 1999
To: William Burns, City Manager �� ;� %�
From: Barbara Dacy, Community Development Director
Scott Hickok, Planning Coordinator
Julie Jones, Planning Assistant/Recycling Coordinator
Subject: Reducing SWAP Fees in 1999
Background:
During the 1999 budget sessions, staff indicated to the City Council that we would likely
need to reduce the Solid Waste Abatement Program (SWAP) fee rate that Fridley
residents pay in 1999. The reduction would be necessary to reflect cost savings related
to closing of the Fridley Recycling Center (FRC). Staff did also suggest, however, that
the City Council wait to decide on the exact amount of reduction until after a decision
was made on 1999 curbside recycling contract rates, which we were anticipating to
increase.
The City is fo�tunate that we were able to obtain a lower-cost curbside recycling
contract arrangement for not only 1999, but also for three years into the year 2002.
Staff can now ensure the Council that we can reduce SWAP fees by $.50/quarter and
still cover all budgeted expenses.
1999 Budget and SCORE Funding:
In 1999, Fridley will qualify for $75,198 in state SCORE funding from Anoka County.
Not all expenses in the city's SWAP budget are eligible for SCORE funding
reimbursement. Staff has evaluated the changes in the 1999 recycling programs and
1999 recycling expenses in terms of the impact on eligible SCORE funds. For example,
closing of the FRC, means only 50% of the Recycling Coordinator position is a
reimbursable expense, as opposed to 85% before.
9.01
This analysis has confirmed that the City will not be eligible for the maximum amount of
SCORE funds in 1999 under the current $6/quarter SWAP fee rate, because the level
of revenues is higher than our expenses. Here are the estimated impacts of possible
changes to funding depending on possible adjustments in the SWAP fee rate:
SWAP Fee Rate
$6.00/quarter (current rate)
$5.50/quarter
$5.25/quarter
$5.00/quarter
Amount of $75 198 SCORE Used
$49,209
$62,469
$69,100
full $75,198 plus will have to subsidize SWAP
budget from General Fund about $9,373
First glance at the above numbers would indicate that reducing the SWAP fees by
$.75/quarter is most pn.�dent use of SCORE funds. However, it is important to note that
the above numbers take into account that rates cannot become effective until April of
this year. Looking ahead to the year 2000, the city would be short of funding under the
$.75 reduction option.
The SWAP fee rate is set in City Ordinance and requires a public hearing to amend.
The City Council increased SWAP fees in January 1998 to $6.00/quarter to
accommodate increased costs of weekly curbside collection and increased costs to
operate the FRC. Prior to that change, the rate was $4.00/quarter.
Recommendation:
Staff recommends that the City Council reduce the SWAP fee rate to $5.50/quarter.
Reducing SWAP fees more to $5.25/quarter would maximize SCORE funding available
in 1999, but staff believes that the cut may be too severe, requiring the City to caise the
fee back up again in 2000. Staff feels it may be more prudent to be cautious in the rate
reduction - particularly since Anoka County may not allow the City to receive its full
allotment of SCORE funds if we do not meet our County recycling goal in 1999. If it is
found to be beneficial to the City to lower the rate further, this could always be done
again late in 1999 or early in 2000.
Staff recommends that the City Council conduct the public hearing as advertised on
March 1, 1999, to consider reducing the SWAP fee rate in Ordinance section 113.07
and Chapter 11 as attached. If there are no adverse comments, staff further
recommends that the Cit�r Council also hold the first reading on the same date. This will
allow the rate reduction to occur effective April 1, the same date the new curbside
contract starts.
9.02
M-99-44
�
.
.
MEMORANDUM
DEVELOPMENT DIREC�TOR
Date: February 24, 1999
To: William Burns, City Manager�,�..�'� �
,
From: Barbara Dacy, Community Development Director
Scott Hickok, Planning Coordinator
Julie Jones, Planning Assistant/Recycling Coordinator
Subject: First Reading of Ordinance Amending Chapter 113 and 11
Upon holding the public hearing regarding reducing Solid Waste Abatement Program
fees at the March 1, 1999, council meeting, staff recommends that the City Council also
conduct the first reading on ordinance amendments to Chapters 113 and 11, according
to the attachrnent.
Anticipating that there will be no objections to the fee reduction, staff further
recommends that the second reading be scheduled for March 22, 1999.
10.01
ORDINANCE NO.
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"
113. SOLID WASTE DISPOSAL AND RECYCLING COLLECTION
113.07. SOLID WASTE ABATEMENT PROGRAM FEE
Effective with the April 1999 billing, the City of Fridley shall begin
charging residential dwellings of one to four units and multiple dwellings of 5- 12 units
$6-A9 5.50 per unit per quarter. Multiple dwellings of 13 or more units certified for
service under the City's contract for recycling services will be charged the current
contract price which the City is charged by a private contractor to provide muiti-unit
recycling services. This fee shall be charged in conjunction with the utility billings as
administered by the Finance Department. This fee shall be called the Solid Waste
Abatement Programming Fee. This revenue shall be placed in the Solid Waste
Abatement Fund and shall be expended on solid waste programming activities. These
activities include the curbside collection of recyclables for residential dwellings of one to
four units, recycling services to multiple dwellings of 5- 12 units, and other multiple
dwellings of 13 or more units certified for service under the City's contract for recycling
services, the purchase and distribution of curbside recycling containers, a drop-off
redemption center for recyclables, a yard waste transfer center, and other special
abatement activities as authorized by the City CounciL
11. GENERAL PROVISIONS AND FEES
11.10. FEES
License and permit fees shall be as follows:
CODE SUBJECT
113 Solid Waste Programming
FEE
$�A9 5.50 per residential
dwelling of 1-4 units and per multiple
dwellings of 5- 12 units. Multiple
dwellings of 13 or more units certified
for service under the City's recycling
services contract will be charged the
current contract rate which the City is
paying a private contractor to provide
the service.
10.02
i
�
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS
DAY OF , 1999.
ATTEST:
DEBRA A. SKOGEN
Public Hearing: March 1, 1999
First Reading: March 1, 1999
Second Reading: March 22, 1999
Publication:
NANCY J. JORGENSON - MAYOR
10.03
�
r
� FRIDLEY CITY CO�UNCIL MEETING OF
a,}.oF MARCH 1, 1999
PRIDLEY
INFORMAL STATUS REPORTS
11.01