PL 08/05/1987 - 6920Cit17 Of FYid1Ey
AGENDA
PLI�SIING OOM�ffSSION IYEETINu WEINESII➢.Y, Pt7GUSP 5, 1987 7:30 P.M.
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TAR�� CDISS ERATTON � A ATTON �nV $87 08 BV RnPTTI
OIL Cf�7GE: . . . . . . . . . . . . . . 1 - lA
'lb vacate the 66 foot street right o� way (73 1/2 Aven�)
lying north af Lots 1 and 2, Block 2, Central View Manor.
To allcw far an improved site plan for a proposed Rapid
Oil station, generally located at 7315 Hic�way 65 N.E.
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RE�IVING '.�iE MiIQ.*7F.S OF ZiiE APPEALS COMMISSION MEETING YELi�OW (At Mtg.)
OF JCII,Y 28, 1987
al'HER BUSIIVFSS:
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CITY Of FRIDLEY
PLIU�WING C0�IMISSION MEETING, JULY 22, 1987
CALL TO ORUER:
Chairperson Billings called the July 22, 1987, Planning Commission meeting to
order at 7:32 p,m.
RQLL CALI:
Ider�bers Present: Steve Qillings, Dave Kondrick, Sue Sherek, Donald Betzold,
Richard Svanda
Menbers Absent: Dean Saba
Otliers Present: Jim Robinson, Planning Coordinator
Jock Robertson, Community Development Director
Mark Gilbertson, Rapid Oil Change
Jane Schrader, 2715 Medicine Ridge Rd., Plymouth
Alvan Schrader, A.L.S. Properties, Crystal
John Grossman, Robert Boblett Assoc.
David Henrikson, 6031 3rd St. N.E.
Margaret Reed, 6017 3rd St. N.E.
Wayne Johnson, 6051 3rd St. IJ.E.
Dennis Trisler, 3041 - 4th Ave. PJ.E., P4pls.
APPROUAL OF JULY 8, 1987, PLANNING C0�IMISSION t•1INUTES:
MOT70,4' BY MR. XONDRICX� SECONDED BY MS. SHEREK� TO APPROVE THF. JULY 8, 1987,
PLRNNING CON,MISSION P?INUTES AS WRITTEN,
UPO.R R VOICE VOTE�. ALL VOTZNG AYE, CHAIRPERSON�BZLLINGS DECLARED THE MOTION
CARRIED UtiANZMOUSLY.
1. PU6LIC HEARIf�G: CONSIDERATIOlJ OF A SPE�
AL USE PERPIIT, SP ,987-14, BY
Yer section 205.17.1, C, 7, of the fridley City Code to allow an automobile
service station on Lots 1 and 2, Block 2, Central View Manor, the same
being 7315 Highway 65 N.E.
MOTSON BY MR, KONDRICK, SECONDED BY MS. SHEREK� SO OPEN ^NE PUBLZC HEAkING.
UPQN A VOICE VOTE, RLL VOTING AYE, CHAIRPERSON BZLLINGS DECLARED THF, PUBLIC
HEAF27NG OPEN AS 7:37 P,M.
Mr. Robinson stated the proposal was for property which was now the site of
the vacant gas station north of 73rd Ave, and south of 73% Ave, east of
Highway 65. The proposal was for a special use permit for an automotive
service facility. In conjunction with this proposal, there were two other
submittals--one for variances that were being processed through the Appeals
Corrmission and one for a vacation of 73'2 Ave., just north of the property
(the vacation was the second item on the agenda).
�,..
PLANNII�G COM(4ISSIOIJ MEETING, JULY 22; 1987 PAGE 2
Mr. Robinson stated the lot size without the vacation was .54 acres. The
Zoning Code requires .75 acres. The variances being applied for were the
reduciion in acreage, curb cuts for the property that would be located too
close to the intersections, building setbacks on the north and e�st and west of the
property, and a hard surface setbacks.
Mr. Robinson stated the property was zoned P9-7, light industrial, and required
a special use permit. There was some commercial property to the north and
east wliich was vacant, and there some people at the meeting representing the
developer of that property.
Mr. Robinson stated the proposal was to place a 1,700 sq. ft. service facility
en the site, There would be nine parking sta7ls, one handicapped, in addition
to four servicebays within the building. It was standard procedure to include
the inside service bays as part of the parking.requirement. He stated Staff
has worked diligently with the petitioner, represented by Mark Gilbertson,
t� come up with a site plan and improvement program which includes landscaping,
berming, automatic sprinkling, as well as specific elevation and facade refinements.
Mr. Robinson stated item #2 on the agenda was the vacation request. He stated
if the vacation was successful, the City wouid propose to provide a driveway
opening onto the serv9ce road. Viron Road presently did not exie,nct.completely
north. It was blocked by the trailer court south of Fireside ('rive, and the
City has 6een pursuing easements in that area but have been uneaccessful at this
time.
Mr. Billings stated that if it was not out of order, he would like to receive
tl�e information on the vacation request at this time also so the Commissioners
would have all the information before making any decisions.
Mr. Robinson stated he would a9ree with �4r. Billings' suggestion,
�4r. Robinson stated the vacation was for an area just north of the proposed
site which was 73'� Ave.,north of Lot 1 and part of Lot 2. Presently, there
were two scenarios. The petitioner has applied for a variance for the building
setback from the right-of-way so the petitioner can start construction prior
to finishing the lengthy vacation process. So, with the approval of the
special use permit (plus the pending variances), the petitioner could build
with the drive�oay coming straight out. blhen the vacation was finally
approved, the street would be removed, the driveway rerouted, and the green
area restored,
Mr. Robinson stated it was Staff's recommendation to continue the serviee road
north throuah the trailer court to conr.ec*_ to the new Viron P,oad; however, they are
having difficulty in acquiring the easement to do that.
Mr. Robinson stated that closing 73 2/2 Avenue was consistent with MnDOT's plans
for the arPa which limits access onto Highway 65 and also includes the
alteration of the Fireside Drive intersection.
1
PLAIJtyING COt1t1ISSI0N MEETING, JULY 22, 1987 PAGE 3
Mr. Robinson stated Staff was recommending the following stipulations:
1. Special use permit, SP #87-14, contingent upon approval of all variances
for development by Council. '
2. Petitioner to provide a storm drainage plan and receive approval from
Public Works prior to building permit.
3. Building facade to be constructed �vith face brick as depicted in
elevations received by City on June 15, 1987.
4, All doors,metal trim, and window framing to be painted or color clad to
compliment building facade. Color treatment to be approved by City
Staff prior to building permit.
5. Landscaping to be installed as depicted in plan proposed by City Staff,
dated July 22, 1987, including vacated street portion if vacation is
approved,
6. Automatic lawn irrigation to be installed for all green areas, including
vacated street portion if vacation is approved.
7. Petitioner agrees to provide an additional seven (7) foot street easement
over the east seven feet of the west 27 feet of Lot 2, Block 2, Central
View 44anor, prior to building permit.
8. Petitioner agrees to submit letter (to City) petitioning for widening
of service road (to east) to 3b foot-width and agreeing to assessment
for all costs associated with said widening prior to building permit.
4. Petitioner to combine tax parcels into one prior to building permit.
10_ A brick dumpster enclosure with opaque gate to be constructed along with
building.
11. All roof equipment to be screened from view. Qetails to be approved by
Staff.
12, No outside storage of materials or equipment is permitted.
13. A performance bond or letter of credit for $20,QOQ to cover all improve-
ments to be supplied �o City prior to building permit.
Mr. t4ark Gilbertson, Rapid Oil Change, stated he has worked with
Mr. Robinson for some time on how to work out this site pian in order to get
the building on the site. They would like to proceed with this site plan
for now which showed the building and parking lot worked out without the
street being vacated so they can proceed with construction.
Mr. Gilbertson stated right now the site has an abandoned gas station on it,
and the property was quite unsightly. He felt they had a good proposal that
would really enhance the area with good landscaping.
PLANNItJG COh1t1ISSI0t� t4EETING, JULY 22, 1987 PAGE 4
Mr. Gilbertson stated to save some congested probTems, they have rerouted
the traffic off 73rd Ave., moved it on the back street in order to get the
majority of the traffic away from the intersection, exited out onto 73= Ave.,
etc., with the possibility of dumping it back onto the service road if the
vacation was approved.
Mr. 6ilbertson stated this was the first ttme he had seen all the stipulations
in writing. He had discussed with the City the taking of the adtlitional 7 ft.
of property off the east side of the site. With the already 33 ft. easement
along the east and along the south edge of the property, ft really limited
their land area. He did not foresee any.problems with the 7 ft. easement,
but he would like to ask that the assessment for the widening of the service
road be split among all the developers aiong there. The additiona] traffic
carried on this road was going to be increased because the City wants to
vacate 73%z Ave. Their store itself will only generate about 40 additional
cars per day. 7he service road presentiy is substandard; hence the request
for the additional 7 ft. They do not feel their store was going to create
that much of a traffic problem on this back road at this point prior to the
vacation of 73'2 Ave. Once 73= Ave. was vacated, that would become more of a
connecting street.
P4r. Gilbertson stated the stipulations he had a problem with were stipu]ations
#7 and #8. His primary concern was the cost of the road improvements along
the service road.
P4r. Robinson stated Staff felt Rapid Oil was the primary petitioner and
business abutting this service road that would benefit from the widening of
the road.
Mr. Billings asked how many cars were exiting out 73'2 Ave. right now.
Bi
Mr. Robinson stated he did not know.
Ms. Sherek stated that in the morning around 6:45, she waits in line to exit
onto 73'-z Ave. to the north. Seventy-third and one-half Ave, cor�es off Qld
Central, and people can bypass 73rd and the light and make a right turn.
She felt if the cars traveling on 732 cannot exit onto Highway 65, they are
going to make a left turn and benefit from Viron Road also. She did not see
where the petitioner was the only person benefitting from the widening of the
service road. The road behind the station was quite substandard now, and she
definitely felt other people in the immediate area would benefit from the
widening of the road also.
Mr. Billings stated they also have to understand that if the vacation is
approved, the petitioner will receive the 5,742 sq. ft, of what is now City
right-of-way.
Ms. Sherek stated the petitioner would aTmost have a legal lot if he received
the entire vacation. At this point without the vacation, the petitioner was
requesting multiple variances in order to use,a substandard oiece of property.
She felt it was the usuai position of both Staff and the Planning Commission
PLANNII�G C0�IISSION MEETING, JULY 22, 1987 PAGE 5
that if a situation can be worked out whereby the petitioner has a legal
standard sized lot, that was preferred over granting multiple variances for
a substandard lot.
Mr. Gil6ertson stated that right novi the lot was an eyesore. They want to
ae able to have a building constructed by September and improve the site.
The vacation process can conceivably be a lengthy process tohich means the
site would sit as it for quite a while if they had to wait for the vacation
approval.
Mr. Betzold stated the Appeals Commission had tried to accommodate
Mr. Gilbertson in recommending approval of the variances beeause it was
their understanding that by the time the vacation went through, the variances
would be rendered noot. They might have made a different decision if they
had known that Mr. Gilbertson was really not interested in the vacation,
Mr. Gilbertson stated fie did no� have a problem with the vacation. His only
contention, again, �aas the widening of the service road.
Mr. Billings stated that at this time, the lot was substandard, but by the
City vacating 73; Ave., they were giving enough land to the petitioner to
bring the lot closer into conformance. The �nd was being given at no cost
to the petitioner, per se, but in exchange for the land, the City was asking
the petitioner to pay for the improvement of the street. Even though the
petitioner was saying he really did not need the vacation, the Appeals
Corrmission recommended approval of the variances because they figured the
vacation was coming and the whole package was tied together.
Mr. John Grossman, Robert 8oblett Rssoc., stated he was representinq
Mr. A1 Schrader, the owner of the property at 7350 Highway 65 (Lots 4, 5,
and 6, Central View Manor, Block l, and Lot 3, Central View tlanor, Second
Addition}. He stated he was also one of the partners of the Professional
Ventures which owned a parcel of property on the southeest quadrar�t of
Highway 65 and Osborne Rd., 77,000 sq. ft. of all retail space.
Mr. Grossman stated they are very concerned about the vacation of 73'z Ave.
They were at the meeti�g to speak both for and against the vacation at the
same time, Rather than looking at today, they are encouraging the Planning
Comnission to look to tomorrow. This parcel of retail land was for sale
by Mr. Schrader. They feel it is prime retail space. They see many different
uses for the land, one of which might be a sit-down restaurant, for example,
which could have 100+ stalls of parking and does conform to the use. They feel
the vacation could create a furtnel effect. It was going to draw the traffic
into a substandard area with a substandard road, He stated they are encourag-
ing the Planning Commission to act to extend Viron Road all the way through.
They feel the vacation should be contingent upon the City's success in
extending Viron Road all the way through.
Mr, Grossman stated their last figure showed a traffic flow of 27,OG? vehicies
down Highway 65. It has been their experience with retail use that they would
PLANNI��G COMFIISSIOPJ MEETIPJG, JULY 22, 1987 PAGE 6
get an influx of traffic, They think they are trading 2 for 1. They are
creating an invitation for a retail user to come into that property, but with
the deadend and with the access and egress, it would be extremely difficult
for the developer. They could see another use in the back of their retail
area for more retai7 which would create the need for additional traffic.
If 732 Ave. was vacated, it would limit their access as well, and there needs
to be that flow to service the retail.
Mr. Grossman stated Mr. 5chrader was also concerned about the tax ramifications
or assessments on his property, which could impede the sale of his property.
�9r. A1 Schrader, A. L S. Properties, stated he has owned that parcel of property
{2'; acres) for 12 years. It has been Hart Custom Homes, a mobile home sales
lot which closed on July 1, The property is vacated and after 12 years when
he was now ready to sell the property for a higher and better use, coincidentally,
at the same time the City was talking about shutting off the road to get to his
property. He did not want to be in the situation where his road was shut off
leaving him with a dead end abutting the mobile home park to the north. IJhat
he was saying was that if the City was going to vacate 73%2 Ave, then the City
should give him a guarantee of a way to get his traffic out to the north. The
vacation and the extension of Viron Road should be timed and put in writing to
agree with each other, Otherwise, he could be in the situation r�here if the
City has to go to condemnation procedures, or whatever, to get the other
property to extend Viron Road, he could sit with his property for 1-2-3 years
and not be able to sell it. So, he was asking that if the City was going to
vacate 73'z Ave., that they should also extend Viron Road. He did not object
to closing off 73'2 Ave. and giving that Tand to Rapid Oil, 6ut he did object
to the City doing it at his expense in not being able to sell his propertv.
Mr. Robinson stated that one reason for the vacation was that the City saw a
way of working around a difficult situation with a driveway located in an
area which they considered unsafe. Code says a driveway has to be 75 ft. or
2/3 of the lot width from an intersection and this particUiar driveway would only
be set back 19 feet. At the same time, they would be accomplishing the road
requirement fram MnDOT.
Mr. Grossman stated f1r. Schrader was also concerned if the vacation did occur,
tfiat landscaping be proper and not impede on any signage of his property.
Mr. Grossman stated tliey would encourage the PTanning Commission to attach
the vacation to the extension of Viron Road and not vacate at this time, but
a11ow Rapid Oil Change to go in. And, then at such tSme as the City could
guarantee the other owners that Viron Road would go through, to widen the road
at that time and not invite additional congestion or traffic flow at this time.
h1r. Betzold stated he felt it was very dangerous at this tirne to leave 73%2 Ave.
open, because of the high traffic volume on it.
P4r. Billings asked 11r. Robinson if the City had tried to acquire the property
for the extension of Viron Road.
PLANNIf�G COMNI55IOP� MEETItlG, JULY 22, 1987 PAGE 7
Mr. Robinson stated he has been informed by John Flora, Public Works Director,
that I�r. Flora has been working with the property owner for several months
and there are some stumbling blocks. There is a trailer home on the site
occupied by an elderly couple that would have to be moved in order to provide
the easement, He stated MnDOT has also approached the owner, and the owner
is not interested at this time.
Mr. Gilbertson stated they developed the site plan so it would work either
way--with 73'Z Ave, open so they can start construction while the vacation is
being processed, and then if the vacation is approved, they can easily change
the plan by rerouting the traffic and installing the additional landscapinq.
Ne wouid like to request that the Planning Commission look at the special use
permit separately from the vacation request.
Mr. Betzold stated he felt the special use permit and the vacation went hand
in hand. The issue the City Council will have to address was whether or not
they want anything at all on that lot, because it is such a small substandard
lot. Rapid Oil just happened to be one of the few businesses that could make
it work. The Gity Council also recognizes that the 73', Ave. access to
Highway 65 was probably going to have to be closed. If they decide too much
was being crammed on this little piece of property, the Council might make the
decision that nothing should ever go on that property, possibly redesigning
the whole intersection with the idea that there was going to be more develop-
ment to the nortf�. He really felt they had to consider both the special use
permit and the vacation as part of the sane process.
Mr. Svanda stated he did not agree that it was the two together or nothing.
They have a plan before them that will fit the property quite nicely either
way. He did not think he could vote for the vacation because of the concerns
raised, plus it concerned him that they were trying to place the entire bill
for the road improvement on Rapid Qil when other people may or may not benefit
from the improvements. He would feel a lot more comfortable and probably
could vote for the vacation later on if there was a game plan laid out on how
to deal with the traffic flow situation for the entire area; because if it
were to be done correctly, it would benefit other prooerty owners and then
he thou9ht the cost of the improvement could then be shared by other benefit-
ting parties.
Mr. Billings stated he appreciated the fact that the petitioner has a con-
struction schedule and the fact that City Staff has been workinq diligently
with the petitioner to try and accommodate the structure on that lot, but
there just seemed to be a lot of unanswered questions in terms of what was
going to happen to the traffic, the estimated cost of the improvements, the
possibilities of the future extension of Viron Road, and what the Highway
�epartment's plans were for 73%2 Ave. and Fireside Drive. It was his feeling
that this item should be tabled until the next meeting.
Mr. Svanda stated he would be in favor of taking action on the special use
permit. He had not heard any disagreement regarding the project itself from
either Staff or the Planning Gomnission members.
PLANNII�G CUMMISSIOtJ MEETING,JULY 22, 1987
PA6E 8
Mr. Robinson stated the lot in area was too small without variances. The
variance for the driveway had been his main concern since this proposal was
presented.
Ms. Sherek stated she saw the vacation as someth9ng inevitable for the future,
bui she questioned whether it should be done at this point without some
provision for Viron Road. Given the fact that Mr. Schrader now intended to
sell his property adjacent to what they are talking about improving on Viron
Road, she would question having the petitioner pay for the entire improvement
of Viron Road at this point.
Mr. Betzoid stated that if for some reason the vacation did not go through,
and Rapid Oil goes in on the site, what controls did the City have to make
Rapid Oil landscape if the vacation did go through at some future time?
Ms. Sherek stated the Planning Corrmission could attach a stipulation to the
special use permit that at the time of vacation of 73; Ave., Rapid Oil will
be required to landscape. She stated her biggest problem with the whole
thing at this point was not Rapid Oil Change and not their traffic, it was
the tying up of the retail property to the north if the City does vacate
73'-z Ave. Here was another piece of property that relied on 73%, Ave. for access
and egress. She would have a hard time voting to vacate that street without
an alternative plan like the continuation of Viron Road.
MOSZON BY MR. KONDRZCK� SECONDED BY MR. BF,TZOLD� TO CLOSE THE Pt1BLZC HRARING.
UPON A VOICE VOTE� RLL VOTING AYE� CHAIRPEASON BILLZNGS DECLARED TXE PUBLZC
HERRZN6 CLOSED AT B:45 n,M.
MOTZON SY MR. KONDRICK� SECONDED BY MS. SXEREK� TO RECOMMENb TO CITY COUNCIL
APPROVAL OF SPECIAL USE PERMIT� SP #87-14� BY RAPID OIL CXANGE, PER SECSION
207.17.1� C� 7� OF TXE FRIDLEY CITY CODE TO RLLOW AN AUTOMOTZVE SERVICE STATION
ON LD'lS 1 AND 2� BLOCK 2, CENTRAL VIEW MANOR� THE SAME BEING 7315 HIGHWAY 65 N.E.,
FZTH TXE FOLLOWING STIPULATZONS:
1. SPECIAL USE PERMZT� SP N87-14, CONTINGENT UPON APPROVAL OF RLL
VARIANCES FOR DEVEIAPMENT BY COUNCIL.
2. PETTTiONER TO PROV7DE A STORM DRRZNAGE PLAN AND RECEIVE APPROVAL
FROM PUBLIC WORKS PRIOR TO BUILDING PERM7T,
3. BUILDFNG FACADE TD BE CONSTRUCTED WITH FACE BRICK RS DEPICTED IN
ELEVATIONS RECEIVED BY CITY ON TUNE 25, 1987.
4. RLL DOORS, METAL TRIM, AND WZNDOW FRAMING TO BE PAINTED OR COLOR
CLAD TO COMPLIMENT BUILDING FACADE. COLOR TREATMENT TD BE APPROVED
BY CITY STAFfi PRIOR TO BUILDING PERMZT,
S. LANDSCAPING TO BE INSTALLED AS DEPICTED IN PLAN PROPOSED BY CITY
STAFF, DA2ED JULY 22� Z987� SNCLUDING VACATED STREET PORTION ZF
VACATZON IS APPROVED.
6. AUTOMATIC LA47N IRRZGATION TO BE INSTALLED FOR ALL GREEN AREAS,
INCLUDING VACATED STREET PORTION IF VACATIDN IS APPROVED. -
7. PETXTIONER AGREES � PROVSDE AN ADDITZONAL SEVEN (7) FOOT STREET
EASEMEYT OVER THE EAST SEVEN FEET OF THE WEST 27 FEES OF LOT 2,
BLOCK 2� CENTRAL VIEW MANOR, PRIOR TO $UILDING PERN.IT,
PLAPI�d11�G COMIIISSION MEETING, JULY 22, 1987 PAGE 9
8. PETITIONER AGREBS TO SUBMIT A LET2ER (20 CITY) PETITIONZNG FOR
� WIDENING OF SEI2VICE ROAD (TO ERST) TO 36 FOOT WIDTH AND AGkEEING
TO RSSESSAfENT FOR ALL COSTS RSSOCIATED WITH SAID WIDENING� PRIOR
TO BUILDING PERMIT. '
9. PETITIQNER TO COMBZNE TAX PARCEIS INTO ONE PRIOR TO BUILDING PERF171',
10. A BRICK DUMPSTER ENCLOSURE WITH QPAQUE GATE TO BE CQb`STRDCTED ALONG
WITH BUILD7NG.
11. RLL ROOF EQUIPMENT TO BE SCREENED FROM VIEW. DETAILS TO BE
RPPROVED BY STAFF. �
12. NO D"JTSIDE STORAGE OF MATERIALS OR EQUTPtdENT SS PERMSTTED.
13. A PERFORMANCE BOND OR LETTER OF CREDZT FOR $20,OOQ TO COVER ALL
IMPROVEM'ENTS TO BE SUPPLIED TO CITY PRIOR � BUILDING PER1dIT.
14. AT SUCH TIME AS THE VACATION OF 73�e RVENUE IS APPROVED, RAPID
OIL CHANGE WILL BE REQUIRED TO DO TffE APPROPRIASE LANDSCPPING AND
ZRRZGATION OF SNE PROPERTY.
Mr. Billings stated if they were dealing with the special use permit and the
vacation separately and were thinking of not approving the vacation at this
time, he would have to vote against the special use permit. The Appeals
Commission went along tivith the variances on the basis that the vacation was
coming. Staff has said they looked at the whole plan and said it could be
done witii the vacation, and that the vacation was an integral part of the
whole thing. Without the vacation, he would not be in favor of the special
use permit.
14r. Kondrick stated he did not fiink the Appeals Commission was altogether
informed of the problem with Viron Road. All that information has come to
light since the Appeals Commission meeting, and it may or may not have changed
the decision made by the Appeals Comrnission.
Mr, Svanda stated he did not think he was necessarily against the vacation,
but there taere other issues associated with it and that was the reason it
was appropriate to table the vacation request.
Mr. Betzold stated he could support the special use permit as lonq as the
vacation moved forward. Ne also felt the vacation should go with the special
use permit.
Mr, Billings stated he still felt the t4io a�ent hand in hand, and if they
were thinking of tabling the vacation request, they should tab':e the special -
use permit as well.
GPON A VOICE VOPE, KONDRICK� SXEREK�-BETZOLD� SVANDA VOTING AYE, BILLIPIGS
VOTING CIFY� CHAiRPERSON BILLZNGS DECLARED THE MOTZON CARRIED BY R VOTE OF
4-1.
PLANNIfJG C01111I55ION MEETING, JULY 22, 1987 PAGE 10
2. COfiSIDERATIOF� OF A VACATION, SAV #87-08, BY RAPID OIL CHANGE:
To vacate t e 66 foot street right-of-way 73; Avenue lytng north of
Lots 1 and 2, Block 2, Central View Manor. To allow for an imrpoved site
plan for a proposed Rapid Oil Station, generally located at 7315-Highway 65 �J.E.
Mr. Robinson stated if the vacation was approved, Staff would recommend the
following stipulations:
l. Petitioner agrees to submit a letter (to City} petitioning for street
excavation for the portion of 73'z Avenue, lying north of the proposed
site and agreeing to assessment for all costs associated with said
excavation prior to publication of vacation ordinance.
2. Upon excavation of vacated 73', Avenue, petitioner will install driveway
exiting onta service road to east and landscape with irrigation as shown
on City plan dated July 22, 1987.
3. Performance bond referenced as stipulation #13 for special use permit,
SP #87-�4, to cover improvements referenced in item #2 above.
MOTIDN BY MS. SHEREK, SECONDED BY MR, KONDRICK� TO TABLE VACATION REQUEST,
SAV i187-08� BY RAPID OIL CHANGE� UNTZL THE AUGUST 5� 1987� PLANNING COAIMISSZON
MEETING IN ORDER TO ASK STAFF TO PROVIDE THE PLANNZNG COMMISSION WITH
ZNFORMATZON REGARDING AN ALTERNATIVE PLAN FOfZ PIZOVIDIN6 ACCESS FOR OTXER
DEVELOPERS ALONG 73'-9 AVENUE WHD RRE PRESENTLY RELYING ON THE ACCESS PROVIDED
BY THAT PZECE OF ROADWAY, FULLY RECOGNIZING THE FAC2 TNAT THE DEPARTNENT OF
TRANSPORTATION PLANS TO CLOSE THAT ACCESS SOME TIME IN TNE FUTURE; ALSO, TO
ASK STAFF TD GET SOME SNFORMATION FROM MnDOT ON THE PROPOSED TIMETABLE FOR THE
FIRF.SIDE DRIVE AND 73'�. AVEN[7E CLOSINC AND WHETHER M»DOT INTENDS TO COMPLETELY
CLOSE TXcld OR JUST CLOSE TXEM TO LEFT T[IRNS OFF HIGHWAY 65,
UPON A VOICE VOTE� KONDRICK, SHEREK� RND SVANDA VOTZNG AYE, BILLINGS AND
BETZOLD VOTING NAY, CHA7RPERSON BZLLINGS DECLARED TXE MOTION CARRIED BY A
VOTE OF 3-2.
3. COIdSIDERATION OF A VACATION REQUEST, SAU #87-07, BY tdAYPJE JOH�ISOtJ:
To vacate t e 12 foot a ey �n BToc 5, Hyde Par Tying FJort of the South
line of Lot 22 extended Easterly and South of the North line of Lot 30
extended Easterly. A71 lying East of and adjoining Lots 22-30, Block 5,
Hyde Park, generally located between 61st Avenue and 60th Avenue ar.d
3rd Street and University Avenue.
Mr. Wayne Johnson stated he needed to do some further research before
proceeding with this vacation. Because of some misunderstanding where the
rear property line was in relation to the fence, he needed to find out
exactly where he could locate his garage. If he found out he could not
locate his garage in a position that would benefit him, he would probably
withdraw the petition.
�
Pl2N(+IflG C0141^ISSION MEETIt46. JULY 22. 1987
PAGE 11
Ms. hSargaret Reed, 6017 - 3rd St., stated they own the property with tfie
earage access to the alley, and their only access was by using the alley.
Mi°. Dave Henrickson, 6U31 - 3rd St., stated he was in favor of the alley
vacation.
I�Ir. Johnson stated it was his intention to not include the Reed's in this
vacation, and he had discussed this with them.
P1r. Robinson stated the vacation was for everything north of Lot 21 (6017).
Presently the garage situation was such tliat the corner lot (6007} has a
driveway access off 60th, 6011 has access off 3rd St., 6017 has access off
the alley, 6031 has no garage but access would be off 3rd St., 6041 would
be off 3rd St., 6051 (the petitioner) has access off the alley right novr
but with the vacation would have access off 3rd St., 6071 has access off
61st Avenue.
Mr. Robinson stated that no rrnally a vacation would require 100% participation
but this was an unusual situation where only a couple of peoole were using
the alley. Because the alley was not improved and it was rutted and looked
bad, Staff would recommend the Planning Comnission recommend to City Council
approval of the vacation. He stated at the time, they felt only persons north
of 6017 were in favor of the vacation; however, they recently received a
letter from t1ichael and Elaine Pestello, 6011, who expressed the desire to
also be part of the al'ey vacation. Once the vacation was implemented and
�4r. Johnson has built a garage, the only person who would have access of the
alley would be 6077. One thing that should be pointed out was that all
garages are supposed to have hard surface driveways, but with the alley, it
was difficult to do it, but there was enough room on 6017 to have a hard
surface driveway to 3rd St.
M02IUN BY MR. BETZOLD� SECONDED $Y MR. KONDRICX, TO RECEIVE THE LE2TER DATED
JULY 22, 1987� FROM MICHAEL AND ELAINE PESTELLO.
UPDPd A VOZCE VOTE, kLL VOTING AYE, CHAZRPERSON BILLINGS DECLARED THE MOTICN
CARRIED (INANIMO(15LY.Z
Mr. Robinson stated Staff v+as recommending the following stipulations:
l. A utility easement to be retained over the entire portion of vacated
alley.
2. Garage construction contingent upon letters from all utility companies
allowing a specified distance of encroachment into retained utility
easement.
3. Garage construction contingent upon passage of a resolution by Council
authorizing a specified distance of encroachment into retained ease�ent.
4. Petitioner to escrow funds with Public Works Department sufficient to
cover curb work for proposed curb cut on 3rd Street.
5. Dumpster to be fully screened.
PLANNII�G CDMMI55ION MEETING, JULY 22, 1987 PAGE 12
Mr. Robinson stated Staff has spoken with the petitioner on site, and there
were setbacks required of 3 ft. from the rear and side lot lines.
Ms. Reed, 6017 - 3rd St., stated that for them to access 3rd St.; it would
mean taking down six mature trees along the south side of their lot.
Mr. Johnson stated he would feel very badly if the Reeds were forced to
hard surface their driveway, because that was never his intention. He
stated the people who signed the petition in favor of the vacation signed
it with the understanding that the vacation would onTy be to the north of
6017, and they might have felt differently if the vacation was any different.
It would certainly be nicer to have the whole alley vacated as it was very
ugly, but this petition was only for those people who wanted the alley
vacated so it would not interfere with the Reeds.
Mr. Billings stated he couid not support the vacation for the entire alley.
It would certainly be nicer to have the entire a11ey vacated which incTuded
the Reeds and the Pestellos, but t1s. Reed came to the meeting to make sure
the vacation did not include her lot. It would be an unfair hardship to
place on the Reeds just to get some green space. The vacation proposal
before the Planning Commission was for 6031 - 607i - 3rd St.
MO270N BY MS. SNEREK� SECONDED BY MR, BETZOLD, TO RECOMMEND TO CITY COUNCIL
APPROVAL OF VACATILYV REQUEST� SAV �87-07� 8Y WAYNE JONNSON� TO VACATE TNE
12 FOOT ALLEY IN BLOCK 5� HYDE PARK, L]'ING NORTX OF TNE SOUTN LINE OF LOT 22
EXTENDED EASTERLY AND SOUTX OF THE NORTN LZNE OF LOT 30 EXTENDED EFSTERLY.
ALL LYING EAST OF AND ALJOZNING LOTS 22-30, BLOCK 5, fiYDE PARK� GENERALLY
TACAPED BETWEEN 62ST AVENUE AND 60TH AVENUE AND BETWEEN 3RD STREET AND
UNIVERISTY AVENUE� WITH THE FOLIAWING S2SPULATIONS:
1. A UTILITY EASEMENT � BE RETAINED OVER THE ENTIRE PORTION
OF VACATED ALLEY,
Z. GARAGE CONSTRUCTION CONTINGENT UPON LETTERS FROM ALL UTILITY
CGMPANIBS ALLOFTZNG A SPECZFIED DISTANCE OF EhCROACHMENT ZNTO
RETAINED USILITY EASEMENT,
3. GARAGE CONSTRUCTION CONTZNGENT UPON PASSAGE OF A RESOLUTZON BY
COUNCIL AUTHORING A SPECZFIED DZSTANCE OF ENCROACHMENT INTO
RETAINED EASEMENT,
4. PETITIDNER TO ESCROW FUNDS WITH PUBLZC WORY.S DEPARTMENT SUFFICZENT
TO COVER CURB WORK FOR PROPOSED CURB CUT ON 3RD STREET.
5. DUMPSTER TO BE FULLY SCREENED.
UPON A VOICE VOTE, ALL VOTZNG AYE� CHATRPERSON HSLLZNGS DECLARED THE MOTION
CARRIED UNANIMOUSLY.
4. RECEIVE JUNE 11, 1987, HOUSING & REDEVELOPMENT AUTHORITY MINUTES:
MOTZO.N BY MS. SXEREK, SECONDED BY MR, KONDRICK� TO RECEIVE THE JUNE 11� 1987,
HOUSING & REDEVELOPMENT AUTHORITY MINUTES,
UPON R VOICE VOTE, ALL VOTING RYE, CHAIRPERSON BZLLINGS DECLARED THE MOTION
CARRIED UNAA'IM.OUSLY.
PLANP7ItiG CONF"ISSIO4J MEETING, JULY 22, 1987 PA6E 13
5. RECEIVE JUNE 16, 1987, ENVIR�t�MENTAL QUALITY COMMISSION MINUTES:
MOTION BY MR. SVANDR� SECONDED BY MR. KONDRICK� TO RECEIVE THE JUNE 16, I987,
EN'✓IRONMENTAL QUALITY COMMZSSZON MINUTE5. -
UPON R VOZCE VOTE� ALL VOSING AYE, CHAIRPERSON BILLINGS DECLARED THE MOTION
CARRIED UNRNIMOUS.T..Y.
6. RECEIVE JULY 14, 1967, APPEALS C(1�1MISSION MINUTES:
MOTZON BY MR. BETZOLD� SECONDED BY MS. SHEREK, TO RECEIVE THE JOLY 14� 1987,
APPEALS COMN,ZSSION MINUTES.
UPON A VOZCE VOTE, ALL VOTING AYE� CHAIRPERSON BILLSNGS DECLARED THE MOTIDN
CARRZED UNANZMOUSLY.
7. OTHER QUSIf�ESS:
a. Commercial Establishment in Mixed Use Industrial Developments
Mr. Robinson stated that two meetings ago, the Planning Commission had
discussed the possibility of altering the code to allow for some commer-
cial establishments in a mixed use industrial development. At that
tir�e, it was recommended that Staf f obtain a copy of the City of
Roseville's Zoning Code. He stated a copy of that was handed out at the
meeting, but it did not appear to solve the problem the Gity of Fridley
was facing.
Mr. Robinson stated there was a trend to allow a mixture of land uses
in office/warehouseJindustrial districts to keep pace with new develop-
ment trends and with market demand. Along with that trend, there was a
need to maintain adequate control by the City over parking of the mixed
uses, traffic loads, and traffic capacities on the access roads. Presently,
in the M-1 and t9-2 portions of the code, they do allow offices not associ-
ated with the principle use in industrial areas with a special use permit.
After some research, it was Staff's proposal to exoand that special use
permit provision to allow for commercial uses which are supportive of the distric
Mr. Robinson stated the Commissioners had also received a copy of a
Larkin Hoffiman study of other municipalities. On a9enda page 6E under
the City of Plymouth, it stated: "In Plymouth's I-1 (Planned Industrial
District), retail and service establishments essential to the operation
of that zoning district and providing goods and services which are
primarily for the use of persons employed in that district are conditional
uses." He stated Staff would propose to add that language to the existing
special use permit provisions for offices. In addition to that, they are
contemplating putting a cap of 15-20a or that which was in line with the
capacity of the parking and road access, 4ihichever was less.
Mr. Robinson stated that in addition to that, there might be some types
of development which do not follow the general heading of "supportive"
QLAfdWIIJ6 COMMISSION MEETIN6, JULY 22
PAGE 14
or "convenience of the district". In that particular case, for those
types of uses that would not be a nuisance to the area, they would
propose that another special use permit for the individual user or tenant
(example: drive-up bank or commercial recreation areas) be issued.
t4s. Sherek asked if the requirement that a tenant apply for a special use
permit was going to discourage people from even coming before the City.
Mr. Robinson stated that for the "support" commercial, they are proposing
that there be a blanket permit up to a certain percentage without any
other special use permit. But when they get to a commercial use that
doesn't fit the guise of "for the convenience of" that district, then
they would have to come in for a special use �ermit.
t4r. Billings asked where the line would be drawn between what accommodates
the development and what was a special use that did not accorrrnodate the
development. For exataple: a barbershop. Was a barbershop something that
complimented the development? The barbersh�p was not only to serve the
people in the development. Theoretical7y, a special use such as a deli-
catessan could be generating quite a bit of traffic from outside the area.
Ms. Sherek stated the limitation that was p�t on special uses in Edina and
Eden Prairie was that no outside signage was allowed to indicate the
location. She also thou9ht there was a further limitation imposed in
Edina that the business couid not advertise, other than within the
development.
Mr. Robertson stated there were two limitations: (1) they cannot have
outside signage; and (2) that the overall development has adequate carrying
capacity as far as parking spaces and driveway, and the special use would
not be allowed to exceed that carryin9 capacity. It was either 15-2040
or that which was in tine with the capacity of the parking spaces.
Ms. Sherek stated another thing they should look at in respect to special
uses was there was an advantage, too, because there was a reduction in
noon time traffic in and out of these areas because people within a
building or conplex can walk to a deli or drug store or convenience
store, etc,
Mr. Robinson stated they feel they need to be more comoetitive in the
market place, and they should process an ordinance change. The next step
was to have a public hearing.
Ms. Sherek stated she would like to see some drafted language before
they send out publications for a public hearing.
Mr. Kondrick a9reed,
Ms. Sherek stated a drive-up bank wou]d generate ongoing traffic and
traffic at sane really bad times. So, they want to look at a particular
development before they would allow a drive-up bank.
a
PLANNING COMMISSI�N MEETING, JULY 22, 1987 PAGE 15
Mr. Robertson stated a drive-up bank would definitely not fall under
the category of "for the convenience of" the people in the development.
Ms. Sherek stated she felt any ordinance drafted would have to have
language that would prohibit any outside signage indicating a 6usiness,
Mr. Robertson asked about the threshold of the overall size of gross
floor area under one ownership/management.
Ms. Sherek stated she felt they want to keep the percentage small, lJhen
they get up to 20-25%, there was the potential of changing the character
of the building or development.
Ms. Sherek suggested that the tenants be notified 6y the development owner
in the lease that they wili not get the same amenities that they would get
in a comnercially zoned area.
Mr, Robertson stated he liked that approach because Che City could incur
some liability.
Mr. Robinson stated Staff would come 6ack to the next meeting with a
drafted ordinance for the Planning Commision's review.
A�JOURfIMENT:
MOTSON BY MR. XONDRZCIC� SECONDED BY MR. BETZOLD, TO ADJOURN THE MEETING. UPO.N A
VOICE VOTE� ALL VDTZNG AYE� CHAIRPERSOT7 BILLINGS DECLARED THE JULY 22� 1987�
PLANNING COM6IISSZON MEETING ADJOURNED AT 10;00 P.M.
Res�ectfully su mitted,
iyn'q �a a i-l-�.a,�
Recording Secret�ry
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FRIDLEY
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C1V1C CENTER • 6131 UNIVERSITY AVE. N.E. FRIDLHY�, MINNESOTA 55432 • PHONE (612) 571-3450
July 15, 1987
7.0 WE� ST MAY �NCERN:
The City of Fridley Planning Canmission will be holding an informal hearing
on a request for a Vacation, SAV #87-08, kr� Fa�id Oil, to vacate the 66 foot
street ric,ht of way (73 1/2 AvenueJ lying north of Lots 1 and 2, Block 2,
Central View Manor. To allaa for an improved site plan for a proposed Rapid
Oil Station, generally located at 7315 Hiyhway 65 N.E.
Ar:yone who r�ishes to be heard shall be 9iven the opportunity at the Planning
Comruission meeting on Wecfiesday, July 22, 1987 in the Council Chan�ber of City
Hall at 6431 University Avenue N.E. at 7:30 p.m.
STEUE BIIS.INGS
CiiAIRMAtd
H,I�I�I1vING Q�I'SIISSION
ht4ILING LIST
5�V #87—OS
Rapid Oil Change
Flanning
c�tr cou���i
Ju�y 16, 19II7
� is
fioch Puels, Inc. John Buzick Superamerica
411 E. 37th St. N. 1201 - 73 1/2 A��enue Ashland Oil, Inc.
Itiic}iita, t�ansas 67220 Fridley, Dtti 55432 P.O. Boa 14000
l.exington, f:Y 40512
Rapid Oil Change
3041 - 4th A�enue South
r�p1s., r� ssaos
}:och Afarketing Co.
P.O. Box ?315
liichita, I:S 67201
Al��an Schrader
5501 Lakeland Avenue
�fpls., Ai� 55429 ,
Hydralic Specialties
Richard Haarstad
1131 - 72nd Ave.
Fridley, DN 55432
Falck Propertics
2446 8unkcr Lakc Blt•d.
Anoka, �t� 55303
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ST f Ftl_AT {ONS
1. PETITIONER AC�tEES TO SUBMIT A LETTER (TO CITY) PETITIONING FOR STREET
EXCAVATION FCR THE PQRTIaN OF 73 1/2 AVENI�, LYING NORTH aF 1HE PROPOSED
SITE AND AGREEING TO ASSESSMENT FOR ALL COSTS ASSOCIATED WITH SAID
EXCAUATICN PRIq2 TO PUBLICATION OF VACATIQN aRDINANCE.
2, UPON EXCAUATION OF VACATED 73 1/2 AUENUE PETITIONER WILL INSTALL DRIVEWAY
EXITING ONTO SERVICE RQ4D TO EAST AND LANDSCAPE WIiH IRRIGATION AS SHOWN
ON CITY PLAN DATED JI.�Y 2Z, 1987.
3. PERFC�NCE BOND REFERENCED AS STIPULATION #13 FOR SP �87-14 TO COVER
IMPROUB�tENTS REFERENCED IN ITEM #2 ABOVE.
4. A DRAIN4C� AND UTILITY EASEMENT SHOULD BE MAINTAINED OVER THE ENTIRE
PORTION OF VACATED STREET.
1F
MEMORANDUM
TO: Jim Robinson, Planning Coordi�tor .
FROM: John G. Flora �Rahlic Works Director
DATE: July 29, 1987
SUBJECT: Extension of Viron Rcaad
REFERENCE: Memo Fi87-160, Detea July 24, Subject as Above
ii�787-254
The City and re�.resentatives fran FinDDT District 5 have met with the owners
and o�.c:sators of the tcailer courts on either side of HigYnmay 65 in the
vicinity of 73 1/2 Ave. a rnur,ber of times last year reoardittg the closure or
rtodification of the mei�ian on Highway 65. The City's Fosition has been that.
the mctiian muld be closed if an alternate entrance anci exit is pzovided to
tt;e westerly trailer court off of 73rd Ave. and that Viron Rc�d was extenued
Uirough the easterly trailer court. Upon canpletion of these actions, the
mebian at Ficeside Drive could be closed. It has been suggesteb tt�at the
Highway 65 Redian be revised to provioe for a northbound left turn mover,.ent
only until such time as Viron Roari i5 exten6ed. MnDOT again addressea this
ir,tersecticn this year but no specific plan or timetable has been s�bn,itted
to the City. It is unoerstood by both the City and MnDOT that the 73 1/2
Ave. median could be closed at any time ana prol�t�ly should be clasen naa due
to the clase �:roxirt.ity to ?3rd Ave.
The City has been interested f or a period of time to con�plete the
construction of Viron Roao between 73rd ano Osborne. Last year� the loop
tack aroun� the Chiropractic Qinic was oo�r�pleted and the only re;�aining work
to be done is the extension of Viron Road along the front of the easterly
trailer court. P.n atteR,pt was made in the last two years to ottain an
easenent or right-of-way but the owners of the trailer court refusea to enter
into any such agree;,ent. It is woerstood that if the southerly nnst trailer
acjacent to Highway 65 is ever ra�wed, the arr�zs would considec an easen;ent
for the Viron Rwd extension. Again, no timetable or costs for this have
been established.
Viron Raad has been estahlishea at 30 feet but with the future fievelognent of
this area, ti�e City should widen that portion between 73rd Ave. and 73 1/2
Ave. to 38 feet with concrete curb ana gutter. This could be accomplished
for a�pror.imately $10,000.
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The closure of the median on Highway 65 at 73 1/2 Ave. with the widenin9 of
Viron Raad at that location should not affect the area traffic as adequate
access would be made to 73rd Ave., Highway 65 and Old Central for movenent in
any ciirection-
It is recommended that if the vacation of 73 1/2 Ave. at the proposed
develognent site is considered, then Viron Road must be first widened between
73 1/2 Ave. ano 73rd Ave. and then the Highway 65 median closed to support
the proF.osed development of this propecty. This property would be adec;uately
servioed with ra3d and utilities regardless of the completion of the Viron
Road extension.
JGF/ts
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hlinnesota
Dcpart�nent of Transportation
Disirict 5
20�5 No. I.ilac Drive
Goldcn ��alley, Aliiinesota 55422
(6l2)593- 8544
August 5� 1987
� John Flora, Public Works
City of Fridley
6431 llniversi[y Avenue N.E.
Fridley, AfN 55432
Re: C.S. 0207 (T.H. 65)
Dear Mr. Flora:
Enclosed for your considera[ion are proposed modifications to [he
median on T.N. 65. These include closing the crossover a[ 73-]/2
Avenue and modifying the crossover a[ [he entrance [o [he trailer
park [o permi[ only nor[h [o wes[bound left turns. The layout
also shows a suggested new entrance [o the trailer park on 73rd
Aver.ue vhich would be constructed by o[hers. The work shown on
T.H. 65 would be performed by Mn/DOT forces late this year or early
next.
lc would appear [hat the function of [he [wo crossovers are no[
inter-related and [hat [he proposed work could be carried out on
one or the o[her or both.
We would apprecia[e comments from the city on [he proposal. Please
le[ us know also whe[her you prefer to con[act [he [railer park
owner and other property owners in [he area or whether Mn/DOT
should do so.
Sincerely,
�-�-� "'�-' �-� �T�/
J. S. Katz,-P.E.
Distric[ Traffic Engineer
Enclosure:
JSK:pl
An Equa! Opportun[ty Emp[oyer
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Ucpartment o( Transportation
I)istrict 5
20�5 No. Lilac Dri��e
Gc�idcn Valley�, R�innesota 55422
(612]593� 8544
P.��gust s, 1987
� John F1ora, Public Works
Ci[y of fridley
5431 Uni.versi[y Avenue N.E.
Fridley, MN 55432
Re: G.S. 0207 (T.H. 65)
Dear Mr. Flora:
Enclosed fnr your consideration are proposed modifica[ions [o [he
median on T.H. 65. These include closing [he crossover at 73-1/2
Avenue and modifying [he crossover at the entrance to [he trailer
park to permi[ only nor[h [o westbound leEt [urns. The layout
also shows a sugges[ed new entrance [o the [railer park on 73rd
Aver.�e which would be constructed by o[hers. The work shown on
T.11. 65 would be performed hy Mn/DOT forces late this year or early
nex[.
lt would appear tha[ [he function of the two crossovers are no[
incer-related and that the proposed work could be carried out on
one or Che other or bo[h.
We would appreciate comments from [he city on [he proposal. Please
le[ us kno�a 21so whether you prefer to contac[ the trailer park
owne= ar.d uther property owners in the area or whether Mn/DOT
should do so.
Sincerely,
- --�� "'C''Z �T?/
J. S. Ka[z,'P.E.
Discric[ Traffic Engineer
Enclosure:
JSK:pl
An Equat Oppor2unity Emptoyer
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