Updated: Fridley Gives Home Depot 'til August to Shape Up Garden Center

Updated below. The garden center at the Home Depot store in Fridley could lose its special use permits from the city and might have to close—but not until Aug. 31, 2012.

That long period of limbo sounded at Monday's Fridley City Council meeting a bit like being put on probation at a new job or on scholastic probation at college.

Fridley Council Member Jim Saefke described the action the Fridley council took later Monday evening as a “conditional revocation” of two special use permits.

Zero Tolerance
That’s because Home Depot must obey every stipulation of its special use permits—especially not to store, sell or display plants or any plant materials or any other materials outside its garden center.

If Home Depot does not violate the stipulations of the two permits through Aug. 6, 2012, its special use permits will not be revoked. That means Home Depot would have made it through probation and can keep its garden center.

The city council had held a public hearing at at its Sept. 12 meeting on numerous violations of the permits and a .

Store's Statement
Home Depot Regional Manager Scott Tesmer spoke at the Sept. 12 meeting and again at Monday's meeting.

Tesmer told the council Monday that he had instituted training programs and improved communication among employees. He tried to assure the city council that Home Depot could “live with” and comply with Fridley’s stipulations for the garden center.

The company had to get the permits so it could have the garden center. Home Depot got the first permit in 1995 and another in 2004 so it could expand the garden center.

Saefke said outside storage “seems to be the biggest headache.” He called the period until Aug. 6, 2012, a “performance review” period. During the council meeting, he described the history of the situation and outlined what the council would be voting on.

Distant Dates
Saefke was the first council member to use the dates of Aug. 6, 2012, and Aug. 31, 2012.

(Update: Saefke and City Manager Bill Burns said in interviews after the meeting that the suggested the solution of a waiting period before revocation at the council's pre-meeting.)

When Saefke finished speaking, Mayor Scott Lund said it sounded as if there were a motion on the floor. Saefke objected to that.

Council Member Ann Bolkcom also said, “No," adding that she had the resolution and an amendment to present (which she did).

The staff resolution presented facts about multiple violations of the permits’ stipulations since 1996 and called for revocation of the two permits.

Bolkum’s amendment set the probationary phase until Aug. 6, 2012. It restated the earlier stipulation against outside storage, display or sales and said if Home Depot violated it or others, the revocation would go into effect Aug. 31, 2012.

Lund asked if there was any discussion and essentially there was none among the council. Bolkcom asked Tesmer if he understood what the council was doing. He said he did, and the council approved the amended resolution.