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