PL 10/28/1992 - 30763,'�
CITY OF FRIDLEY
PLANNINa CONII�lI88ION MEETING, OCTOBER 28, 1992
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CALL TO ORDER:
Chairperson Betzold called the October 28, 1992, Planning
Commission meeting to order at 7:30 p.m.
ROLL CALL:
Members Present: Don Betzold, Dean Saba, Sue Sherek,
Diane Savage, Connie Modig, Brad Sielaff
Members Absent: Dave Kondrick
Others Present: Barbara Dacy, Community Development Director
, Michele McPherson, Planning Assistant
Warren Dunlap, Cellular One
Amy Platt, Petersen, Tews & Squires, P.A.
APPROVAL OF OCTOBER 14. 1992. PLANNING COMMISSION MINUTES:
� MOTION by Mr. Sielaff, seconded by Mr. Saba, to approve the october
14, 1992, Planning Commission minutes as written.
IIPON A VOICE VOTE� ALL VOTING AYE� CHAIRPERSON BETZOLD DECLARED
THE MOTION CARRIED IINANIMOIISLY.
1. PUBLIC HEARING:__CONSIDERATION OF A SPECIAL USE PERMIT. SP
#92-11, BY CELLULAR ONE:
Per Section 205.18.01.(C).(7) of the Fridley City Code, to
allow radio transmitters and microwave towers, on Lots 3-6,
Block 7, Great Northern Industrial Center, generally located
at 5330 Industrial Boulevard N.E.
MOTION by Ms. Savage, seconded by Mr. Saba, to open the public
hearing.
IIPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERBON BETZOLD DECLARED
THE MOTION CARRIED AND THE PIIBLIC HEARING OPEN AT 7:32 P.M.
Ms. McPherson stated this property is located south of I-694 and
west of the Burlington Northern Railroad. The property is zoned
M-2, Heavy Industrial, as are the adjacent properties to the north,
south, and east. The Anoka County Mississippi Regional Park is
located to the west of the property across East River Road.
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PLANNING COMMISBION MEETING. OCTOBER 28, 1992 PAGE 2
Ms. McPherson stated the petitioner intends to install a 100 foot
tall transmitting tower for Cellular One mobile phones. In
addition to the tower, there will also be a 12 ft. by 28 ft.
shelter containing equipment associated with the proposed tower.
The tower and shelter would be located in the rear yard of the
subject property and are partially screened by an existing wing of
the Midwest Power building. The proposed addition to the property
does not adversely affect the lot coverage and meets all the
required setbacks.
Ms. McPherson stated staff is recommending that the Planning
Commission recommend approval of this special use permit with one
stipulation:
1. The petitioner and fee owner shall execute a hold
harmless agreement which releases the City from any
liability as a result of granting the special use permit.
Mr. Warren Dunlap, Cellular One, stated that Cellular One is a
communication corporation headquartered out of Kirkland,
Washington. It is the nation's largest cellular carrier and is
one of two companies licensed to do business in the Minneapolis/
St. Paul metropolitan area. The technology of cellular has been
around for quite some time, but the advent came about because of
� the computer. It has to do with frequency bands which they
operate in, and these are solely controlled by the FCC. He handed
out information packets on Cellular One and explained how the
cellular communication system works.
Mr. Dunlap stated that basically a cellular system is set around
what are called "cells". It also has to do with frequency reuse,
and another key phrase is the "handing off between cells". The
geographic area a cell site covers really depends on the terrain
and the height of the pole. A cell site basically consists of
something that can get up into the air for the antennas which are
transmitting and receiving. It can take various forms. What they
are proposing for Fridley is a monopole which is a pole without any
guy wires.
Mr. Dunlap stated a cell site also consists of a shelter building
which houses all the radio equipment, computers, power converters,
etc. A cell site can only handle 45 calls.
Mr. Dunlap stated a cell site is needed for three primary reasons:
a capacity problem, a coverage problem, or a quality problem.
Mr. Dunlap stated Cellular One does provide a dependable, reliable
service to the communities. It assists in reducing traffic, but
the key thing is that you can get assistance either for yourself
or other people immediately without having to leave a scene or
� site. It also has the capacity to attract businesses to a
PLANNING COMMISSION MEETING, OCTOBER 28, 1992 PAGE 3
� community. It really shows a benefit in the emergency services.
Mr. Dunlap stated that because Cellular One does not really operate
on land lines, it has more of a dependability factor. One of the
things in the shelter building is a bank of batteries. They take
power and convert that power from A/C to D/C and run it through
that bank of batteries. If NSP loses power, Cellular One is still
on the air for 8-9 hours. That is why they can be used in
emergencies when other telephones cannot be used. Cellular was
very important during the Hurricane Andrew disaster. They believe
it is Cellular One's responsibility to provide this kind of service
and that communities deserve to have a good, reliable communication
system.
Mr. Dunlap stated they need to locate another cell site in Fridley.
They have a major intersection of highways in Fridley so they have
a capacity problem. The coverage problem is pretty good, but there
is some problem in the area north of I-694 between University
Avenue and Highway 252, and they need to locate a tower here for
the coinbination of reasons mentioned before: capacity, coverage,
and quality.
Mr. Dunlap stated their market analysis is showing that people are
going to the portable phones for convenience reasons. These phones
^ only operate at 1/2 watt, so they are trying to design their system
so that no matter where someone goes with this phone, they can make
a quality call.
Mr. Dunlap stated a technician comes about one a month to check
the radio equipment housed in the shelter unless there is an
emergency.
Mr. Betzold asked if there is any way people can climb the tower.
Mr. Dunlap stated that a person cannot climb the pole, because the
climbing apparatus is removed about 20 feet above the ground.
Ms. Savage asked if there have been any burglaries of equipment in
the shelter building.
Mr. Dunlap stated there have been burglary attempts, but no one
has been able to access the buildings. The cellular sites are
alarmed, so they know when there is an attempt to enter the
building. The buildings are constructed of prefab concrete, so
they are very secure.
MOTION by Ms. Sherek, seconded by Ms. Modig, to close the public
hearing.
IIPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BETZOLD DECLARED
^ THE MOTION CARRIED AND THE PIIBLIC HEARING CLOSED AT 8:10 P.M.
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PLANNINa CO��IIKI83ION MEETING. OCTOBER 28. 1992 PAa$ 4
MOTION by Mr. Saba, seconded by Ms. Sherek, to recommend to City
Council approval of Special Use Permit, SP #92-11, by Cellular One,
per Section 205.18.01.(C).(7) of the Fridley City Code, to allow
radio transmitters and microwave towers, on Lots 3-6, Block 7,
Great Northern Industrial Center, generally located at 5330
Industrial Boulevard N.E., with the following stipulation:
1. The petitioner and fee owner shall execute a hold
harmless agreement which releases the City from any
liability as a result of granting the special use permit.
IIPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BETZOLD DECLARED
THE MOTION CARRIED IINAATIMOIISLY.
Ms. McPherson stated this item will go to City Council on November
9, 1992.
2. PUBLIC HEARING: CONSIDERATION OF A PRELIMINARY PLAT. P.S.
#92-07. DOWDS ADDITION. BY GLACIER PARK COMPANY:
To replat that part of the Northwest Quarter of the Southeast
Quarter of Section 34, T-30, R-24, described as follows:
Commencing at the intersection of the south line of Lot 36,
Auditor's Subdivision No. 39, Anoka County, Minnesota, with
the east right-of-way line of Anoka County State Aid Highway
No. 1(also known as East River Road); thence northerly, along
said east right-of-way line, a distance of 134.5 feet; thence
easterly, parallel with said south line of Lot 36 a distance
of 145.00 feet to the point of beginning of the land to be
described; thence westerly, deflecting 180 degrees 00 minutes
00 seconds to the right, a distance of 145.00 feet; thence
northerly, along said east right-of-way line of said highway,
a distance of 580.00 feet; thence easterly at right angles a
distance of 100.00 feet; thence southerly, parallel with said
east right-of-way line of said highway, to the point of
intersection with the northwesterly e�ctension of the east line
of the parcel described in �hat certain Correction Warranty
Deed from Burlington Northern, Inc., and from the Minneapolis,
Anoka, and Cuyuna Range Railroad Company to Dunkley Surfacing
Company, Inc., dated July 3, 1973, filed in the office of the
County Recorder, Anoka County, on July 18, 1973, and recorded
in Book 1047 of Deeds, Page 396; thence southeasterly, along
said northwesterly extension, to the point of beginning. This
property is generally located at the 4000 block of East River
Road N.E.
MOTION by Ms. Modig, seconded by Ms. Savage, to waive the reading
of the public hearing notice and open the public hearing.
IIPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BETZOLD DECLARED
THE MOTION CARRIED AND THE PIIBLIC HEARIN(� OPEN AT 8:15 P.M.
PLANNING COMMI33ION MEETING, OCTOBER 28, 1992 PAGE 5
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Ms. McPherson stated this property is located off East River Road
across from the Minneapolis Water Works and north of the Certified
Auto Recovery Center. The property is zoned M-2, Heavy Industrial,
as are the properties to the north, south, and east.
Ms. McPherson stated the purpose of the plat is to actually create
a parcel of land which was described and leased from Burlington
Northern and the Minneapolis, Anoka, and Cuyuna Range Railroad
Company to Dunkley Surfacing, Inc., in 1973. Subsequently, the
parcel has been sold from Burlington Northern to its real estate
subdivision, Glacier Park Company, and leased to James Dowds, owner
of Certified Auto Recovery Center. Glacier Park would like to
convey and sell this parcel for fee ownership to Mr. Dowds;
however, the parcel legally does not exist as the City has not
authorized a subdivision. Through the plat process, if the Council
approves the plat, the lot will exist and it can then be conveyed
to another property otaner.
Ms. McPherson stated the parcel does not meet the minimum lot area
requirement for the M-2 district. The parcel does meet the minimum
lot width requirements; however, there are several easements on the
property which limit the property�s buildability. Staff is
recommending that a restrictive covenant be filed against the plat
stating that the property is not buildable without a variance.
^ Ms. McPherson stated the Anoka County Highway Department has
reviewed the plat request. If additional access is required to
East River Road, the County will require a formal request from any
future property owner.
Ms. McPherson stated staff recommends that the Planning Commission
approve the special use permit request with three stipulations:
1. The petitioner shall pay a park dedication fee of $.023
per square foot ($1,445.58) prior to recording the plat
at Anoka County.
2. The subject parcel shall be combined with the adjacent
property to the south. A restrictive covenant shall be
recorded against the lot which states that the lot is
unbuildable on its own.
3. A formal request shall be made to Anoka County if another
entrance to the parcel from East River Road is required.
Ms. McPherson stated that regarding the first part of stipulation
#2, Mr. Dowds has requested that the parcel not be combined with
the adjacent property to the south, but he is agreeable to filing
a restrictive covenant with regard to the variance. So, staff
recommends the first sentence of stipulation #2 be deleted and that
^ the second sentence be amended to read: "A restrictive covenant
PLANNING COMMISSION MEETING. OCTOSER 28, 1992 PAGE 6
shall be recorded against the lot which states that the lot is
unbuildable without a variance."
Ms. Dacy stated the reason Mr. Dowds is objecting to the
combination is because he wants the property registered in a
separate name because there may be some contamination on the
property. He is concerned that his business not be included in
the chain of title, so he wants the property under separate
ownership. At this time, she did not know the nature or extent of
the contamination on the property. Staff is going to investigate
for Mr. Dowds whether or not the combination could occur anyway,
even though it is under another name but still related to the
property owner to the south.
Ms. Amy Platt stated she is an attorney representing Glacier Park
Company. She stated the staff report explains the reasons why
Glacier Park is seeking to plat this property. They want to sell
the property to Mr. Dowds. Unfortunately, she could not shed any
light on the contamination issue either. It was news to her.
Mr. Betzold asked if there is any anticipated use for this
property.
Ms. Platt stated they are splitting the property so they can sell
� it to Mr. Dowds. They are not splitting it for purposes of
development or any other reason. It was sold as a separate parcel
to Glacier Park Company several years ago and for some reason a
subdivision was not required at that time. The parcel is
effectively separate from the larger tax parcel. The reason for
seeking to separate it now is because the City of Fridley is
requiring it.
Ms. Platt stated she was unaware of the easements on the property.
Ms. McPherson stated it might be in the petitioner's best interest
to research the location of the pipeline which could limit the
buildability of the site.
MOTION by Mr. Sielaff, seconded by Ms. Modig, to close the public
hearing.
IIPON A VOICE VOTE, ALL VOTIIJG AYE, CHAIRPERSON BETZOLD DECLARED
THE MOTION CARRIED AND THE PIIBLIC HEARING CLOSED AT 8:25 P.M.
MOTION by Ms. Sherek, seconded by Ms. Modig, to recommend to City
Council approval of Preliminary Plat, P.S. #92-07, Dowds Addition,
by Glacier Park Company, to replat that part of the Northwest
Quarter of the Southeast Quarter of Section 34, T-30, R-24,
described as follows: Commencing at the intersection of the south
line of Lot 36, Auditor's Subdivision No. 39, Anoka County,
� Minnesota, with the east right-of-way line of Anoka County State
Aid Highway No. 1(also known as East River Road); thence
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PLANNING COMMI88ION MEETING, OCTOBER 28. 1992 PAQE 7
northerly, along said east right-of-way line, a distance of 134.5
feet; thence easterly, parallel with said south line of Lot 36 a
distance of 145.00 feet to the point of beginning of the land to
be described; thence westerly, deflecting 180 degrees 00 minutes
00 seconds to the right, a distance of 145.00 feet; thence
northerly, along said east right-of-way line of said highway, a
distance of 580.00 feet; thence easterly at right angles a distance
of 100.00 feet; thence southerly, parallel with said east right-
of-way line of said highway, to the point of intersection with the
northwesterly extension of the east line of the parcel described
in that certain Correction Warranty Deed from Burlington Northern,
Inc., and from the Minneapolis, Anoka, and Cuyuna Range Railroad
Company to Dunkley Surfacing Company, Inc., dated July 3, 1973,
filed in the office of the County Recorder, Anoka County, on July
18, 1973, and recorded in Book 1047 of Deeds, Page 396; thence
southeasterly, along said northwesterly extension, to the point of
beginning. This property is generally located at the 4000 block
of East River Road N.E., with the following stipulations:
1. The petitioner shall pay a park dedication fee of $.023
per square foot ($1,445.58) prior to recording the plat
at Anoka County.
2. A restrictive covenant shall be recorded against the�lot
� which states that the lot is unbuildable without a
variance.
3. A formal request shall be made to Anoka County if another
entrance to the parcel from East River Road is required.
IIPON A VOICE VOTE� ALL VOTING AYE� CHAIRPERSON BETZOLD DECLARED
THE MOTION CARRIED IINANIMOIISLY.
Ms. McPherson stated that on November 9, 1992, the City Council
will establish a public hearing for November 23, 1992.
3. REVIEW OF WATER OUALITY ORDIATANCES:
* Chapter 208, "Erosion Control"
* Chapter 205, "Zoning" amendment
Ms. McPherson stated these are information items.
Ms. McPherson stated staff wanted to keep the Planning Commission
informed as to the water quality ordinances which are in the
process of being developed for adoption, hopefully by the end of
1992 or beginning of 1993. Staff submitted these ordinances to
the Environmental Quality & Energy Commission for review on October
. 20, 1992. Staff is in the process of taking the comments from the
EQE and making revisions to proposed Chapter 208. Staff wanted the
%�1 Planning Commission to have an opportunity to review and make
comments on both these ordinances.
PLANNING COMMIBSION MEETINQ, OCTOBER 28, 1992 PAaE 8
4. REVIE6J OF ISTEA BIKEWAY FUNDING APPLICATION:
Ms. McPherson stated this is an information item. The Commission
received copies of two memos, one dated October 22, regarding the
Bikeway/Walkway Subcommittee Meeting of October 7, 1992, and one
dated Oct. 21, 1992, regarding the Intermodal Surface
Transportation Efficiency Act Funding Application. She stated the
Bikeway/Walkway Subcommittee work does tie into the Transportation
Chapter of the Comprehensive Plan so staff wanted the Commission
to be aware of the segments proposed by the Bikeway/Walkway
Subcommittee and which of those are considered the top ten segments
for funding.
Ms. McPherson stated staff also wanted to give the Planning
Commission an opportunity to review the funding application which
they are submitting to receive Intermodal Surface Transportation
Efficiency Act funding for bikeway/walkway segments which the City
is proposing.to construct. Staff hopes to be able to submit that
application by Friday, October 30, 1992.
5. REVIEW HOUSI1dG PROGRAM:
Ms. Dacy stated that in January 1992 the HRA and the City Council
^ asked staff to come up with some specific recommendations on
attacking some of the housing issues. Staff formed an 11-member
interdepartmental staff team and, using a strategic planning model,
came up with their recommendations. They went through a process
of looking at the external environment in terms of housing and
whittling it down to Fridley. Once they started on housing, they
ended up talking about not only the structural conditions of
housing in general, bricks and mortar, but cultural diversity
issues and neighborhood vitality.
Ms. Dacy stated they realized there were a number of factors
affecting the housing issue. Fridley is falling behind in rental
inspections. There is a lack of involvement with Minnesota Housing
Finance Agency and a number of programs that are available. When
they do prosecute people in the rental area, the court process is
very slow. The City seems to be in the reacting mode to land use
decisions. The Comprehensive Plan is outdated. The City is
getting minimal help from Anoka County. Other counties have
Housing and Redevelopment Authorities where property taxes are
specifically dedicated to the Housing and Redevelopment
Authorities. The City knows it is going to be competing with other
cities in the next decade for money, housing, and people.
Ms. Dacy stated staff had recommended five primary strategies and
some secondary strategies to the City Council and HRA. The five
primary strategies are:
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P_LANNINa COMMI3SION MEETING. OCTOBER 28, 1992 PAGE 9
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1. Create a single family rehab program
2. Increase rental inspections
3. Institute a scattered site acquisition program
4. Be more aggressive with state and federal funding
5. Institute a neighborhood land use planning process
Ms. Dacy stated four of the five were recommended to the HRA to
allocate some money toward these programs, and the recommended
amount was $500,000. In analyzing the HRA's cash flow, they found
that the HRA could dedicate $500,000 each year for five years for
these programs.
6. RECEIVE SEPTEMBER 22. 1992, ENVIRONMENTAL OUALITY AND ENERGY
COMMISSION MINUTES:
MOTION by Mr. Sielaff, seconded by Mr. Saba, to receive the
September 22, 1992, Environmental Quality & Energy Commission
minutes.
IIPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BETZOLD DECLARED
T8E MOTION CARRIED IINANIMOIISLY.
7. RECEIVE OCTOBER 1. 1992. HUMAN RESOURCES COMMISSION MINUTES:
� MOTION by Ms. Sherek, seconded by Ms. Modig, to receive the October
1, 1992, Human Resources Commission minutes.
IIPON A VOICE VOTE� ALL VOTING AYE, CHAIRPERBON BETZOLD DECLARED
THE MOTION CARRIED IINANIMOIISLY.
ADJOURNMENT•
MOTION by Ms. Modig, seconded by Ms. Sherek, to adjourn the
meeting. Upon a voice vote, all voting aye, Chairperson Betzold
declared the motion aarried and the October 28, 1992, Planning
Commission meeting adjourned at 9:20 p.m.
Re ectfully s itted,
7/l�c-t-
y e Saba
Re rding Secretary
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