PL 11/05/1997 - 7060�"�
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PLANNING COMMISSION MEETING
WEDNESDAY, NOVEMBER 5, 1997
7:30 P.M.
PUBLIC COPY
(Please return to Community Development Dept.)
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CITY OF FRIDLEY
AGENDA
PLANNING COMMISSION MTG. WEDNESDAY, NOVEMBER 5, 1997 7:30 P.M.
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LOCATION: Fridley Municipal Center, 6431 University Avenue N.E.
CALL TO ORDER:
ROLL CALL:
APPROVE PLANNING COMMISSION MEETING MINUTES• October 15, 1997
PUBLIC HEARING• CONSIDERATION OF A SPECIAL USE PERMIT SP #97-
09 BY GREG ASPROTH OF UNIVERSITY BILLIARDS. INC.:
To allow the expansion of a commercial recreation facility in an industrially-zoned
district, on Lots 4, 5, and 6, Block 1, Paco Industrial Park, except the North 35
feet of said Lot 4, generally located at 7178 University Avenue N.E.
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PUBLIC HEARING• CONSIDERATION OF A SPECIAL USE PERMIT. SP #97-
10 BY RON STELTER OF FRIENDLY CHEVROLET:
To allow the expansion of an automobile sales facility on Lot 1, Block 1, Friendly
Chevrolet Addition, generally located at 7501 Highway 65 N.E.
RECEIVE THE MINUTES OF THE PARKS & RECREATION COMMISSION
MEETING OF OCTOBER 6, 1997
RECEIVE THE MINUTES OF THE APPEALS COMMISSION MEETING OF
OCTOBER 8. 1997
OTHER BUSINESS:
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CITY.OF FRIDLEY
pLANNING COl+�lISSIOIV' MELTING, OCTOBER 15, 1997
CALL TO ORDER•
Chairperson Savage called the October 15, 1997 Planning
Commission meeting to order at 7:30 p.m.
ROLL CALL•
Members Present: Diane Savage, LeRoy Oquist, Larry Kuechle,
Brad Sielaff, Connie Modig, Dave Kondrick
Members Absent: Dean Saba
Others Present: Barbara Dacy, Community Development Director
Scott Hickok, Planning Coordinator
Michele McPherson, Planning Assistant
Todd Bachman, Bachman's Inc.
�"�, Ellen Beecher, Semper Development
Craig Christensen, Semper Development
John Kohler, Semper Development
Norma Swanson, Theisen B. Partnership
Art Swanson, Theisen B. Partnership
Bob Theisen, Theisen B. Partnership
Roy & Mary Loberg, 860 Overton Drive N.E.
Louise Bennethum, 368 66th Ave. N.E.
Marion Larson, 359 66th Ave. N.E.
Donna Gathald, 6429 Baker Avenue
Hank Koester, 6141 5th Street N.E.
Dean Olsen, 6730 4th Street N.E.
LaVerne Olsen, 6730 4th Street N.E.
Charlotte Happen, 6390 Monroe N.E.
Connie Metcalf, 860 West Moore Lake Drive
Joan Olson, 6320 Van Buren N.E.
William Hogan, 365 Mississippi Street
Jan Heblisen, 901 West Moore Lake Drive.
Brian Cluts, Eden Prairie, COSA
Gabriele & Margita Kirschner, 5851 - 6th St.
Jayne Kulus, 6730 Monroe Street N.E.
�� Marcus Martin, 560 63rd Ave. N.E.
� David Berry, 6965 Hickory Circle N.E.
PLANNING COMMISSION MEETING OCTOBER 15 1997 PAG� 2
Donald Bennethum, 6111 Star Lane N.E. �,
Anne Hagen, 551 Rice Creek Blvd. N.E.
Patricia Andersen, 367 66th Ave. N.E.
APPROVAL OF OCTOBER 1 19 7 PLANNING C�NlDRISSION MINUTES
MOTION by Mr. Oquist, seconded by Mr. Kuechle, to approve the
October l, 1997, Planning Commission minutes as written.
UPON A VOIC� VOTE, ALL VOTING AYE, CHAIRP�RSON SAVAG$ DECLAR$D
THE MOTION CARRIED UNANIMOUSLY.
l. COMPREHENSIVE PLANN NG AREA #4 MEETING
Chairwoman Savage stated the purpose of this meeting is to
solicit your comments about the future of the City. The City is
beginning a process to update its Comprehensive Plan. Tonight's
meeting is one of six meetings which the Planning Commission will
be conducting to receive your ideas and dreams about the future.
It is not the purpose of this meeting to discuss individual
problems or issues you may have with the City. Rather, the
Planning Commission encourages you to provide comments about the
City's future, and what goals you think the City should pursue.
Personal attacks on any individual will not be tolerated. Please
make your comments brief and to the point and come to a
conclusion in five minutes.
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Mr. Hickok stated this is the fourth of a series of seven
Comprehensive Plan meetings. The first meeting was held July
16th, the second meeting August 20th, the third on September
18th. Our purpose is to establish a view of the future and the
Comprehensive Plan will serve as a guide to the dream. In 1976,
the Minnesota Legislature passed the Metropolitan Land Planning
Act. This Act was passed in response to the need for the
adoption of coordinated plans, programs, and controls by all
local governmental units and school districts. This type of
planning effort was deemed necessary by the legislature to
protect the health, safety and welfare of the residents of the
Metropolitan Area and to ensure coordinated, orderly and economic
development. The purpose of the Fridley Comprehensive Plan is to
guide public and private land use decisions involving
development, redevelopment and preservation. The plan provides a
better understanding of the relationships between land resources �
and development. It also reveals existing conditions and
forecasted trends in land use and public facilities. The Plan
e
PLANNING COI�ISSION MEETING OCTOB$R 15 1997 PAGg 3
'� also.acts as a stimulus for active public interest in the
- physical, social and economic issues of the City. The data in
this plan reflects 1979 figures except where updated information
is identified.
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Ms. McPherson presented a summary of the survey results from
Planning Area Meetings #1-4. Staff mailed 2191 surveys in
September with 163 surveys returned as of October 9, 1997,
resulting in a 7.4% return rate. Up to October 15`h's mail, the
total surveys received for Area #4 is 189 with 8.6%, the largest
return rate to-date.
Ms. McPherson displayed a chart with the breakdown of age groups,
and length of residency. In Area 4, the majority of the
respondents have been over 51 years of age. Area 2 respondents
seem to be younger in age, perhaps newer residents to Fridley.
Area 2 also has more residents who have lived in the City for a
shorter period of time. Area 4 residents have lived in the
community for a longer time. Area 3 had residents living in the
area an average of 20 years.
Ms. McPherson stated the survey instrument was designed with four
essay-type questions: "What do you like about Fridley?" "What
do you dislike about Fridley?" "What do you like about your
neighborhood?" "What do you dislike about your neighborhood?"
The trend is to divide these issues into areas such as Parks,
City Service, Safety and Crime, Neighbors, Land Uses and City
Image and Schools. What people like most is their neighbors and
a friendly feeling. In terms of what people like about Fridley
is its location is convenient, to the freeways and downtown
Minneapolis, to churches, etc. City Services and Parks showed a
very favorable response. The Land Use category states people
are dissatisfied with land uses in their neighborhood or City
itself. Area 4 land use comments were regarding pawn shops and
apartment buildings. People are also concerned of property
upkeep and lack of enforcement of maintenance codes and housing
codes. Specific area comments from Planning Area 4 are generated
on the large maps in the lobby which include; the lack of
maintenance and upkeep and general image of University Avenue and
Highway 65. The fence issue received both negative and positive
comments. There were a number of surveys requesting additional
street lights in Area 4. Most comments were positive about their
neighbors but there were also comments that they feel isolated
from their neighbors.
PLAI�TNING COA+Il�IISSION MEgTING OCTOHER 15 1997 PAG� 4
Chairperson Savage requested input from the audience about what /'-`�
they would like to see in the year 2010. Participants are
encouraged to discuss their concerns about Fridley along with
solutions. Two questions are to be addressed. "If Fridley were
to be the ideal community in the year 2010 what characteristics
or experiences would you expect it to offer?" "What is Fridley?
What role or roles does Fridley play in the larger metropolitan
area?"
Ms. Dacy stated the next meeting is November 19th for Areas 5 and
6. All residents are invited to participate in any of these
meetings.
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Ms. Bennethum has lived here since 1958 and has seen 3 proposals
come and go. Ms. Bennethum likes the Walgreen's proposal the
best, stating she is 300% behind this proposal. The property
owners have requested her input so she is here to share it.
Joan Olson. 6320 Van Buren
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Ms. Olson thanked the Commission for the opportunity to address �
the issues. Ms. Olson likes Fridley and her neighborhood. The
Olson's have considered moving but have decided to stay in
Fridley. The residents use of tax dollars for sod planted along
the bikeway on University Avenue is a poor use of money. Why
mandate plans and allow a development like Moore Lake'Commons to
shut the lights off at 7:15 p.m.? There are 2 bars in the area
that don't close until 1 a.m. Ms. Olson would like to see the
City staff get together to update building ordinances. We have a
50's mentality in the 90's, for example, cluster housing. Ms.
Olson has hopes for the development at Lake Pointe, but is
beginning to doubt it. The City blew their chance to address the
image of the area by not lighting the causeway.
Ms. Dacy stated that she spoke with Ms. Olson over the phone.
Only one side of the lights at Moore Lake Commons were turned on
for energy purposes and she will follow up and contact Ms. Olson
with further information.
Paul Monson, 369, 66th Avenue
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Mr. Monson spoke with John Kohler about the plan for Walgreens,
and he thinks it is a good idea to have just one store. No pawn
PLANNINa CONIl�SISSION MEETING OCTOBER 15 1997 PAG� 5
shops can move in. The proposal has a lot of greenery.
Mr. Kondrick asked, Why are you opposed to a strip mall?
Mr. Monson stated the area is not big enough to have a strip
mall. If you put in more than one store there, you would reduce
the greenery area that will give our properties a buffer zone
between the stores and residential area.
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Ms. Hagan asked if the Commission will talk about the monopoles.
Councilwoman Savage stated this will be discussed later in the
agenda.
Connie Metcalf 860 West Moore Lake Drive
Ms. Metcalf stated in regards to the lights at Moore Lake, in
terms of energy conservation, Ms. Metcalf appreciates the
conservation effort. The weeds at Moore Lake are not as bad this
� year as in past. Hopefully by the year 2010 the City will
consider cleaning up the weeds. Ms. Metcalf walks quite a bit on
61st Avenue, where the kids come from school is very littered.
Perhaps a cooperative effort for the kids to clean up the area
could be coordinated. Also the natural area that the high school
faces is full of plastic and litter. Perhaps the City could take
some initiative on cleaning up. Frequently in fall and spring
the tennis court lights are on and could be managed with on/off
switches to save energy. Ms. Metcalf thanked the Commission for
the opportunity to have this type of ineeting and getting people
interested in their own city.
Jan Habliser 901 West Moore Lake Drive
Ms. Habliser asked, Why this meeting is required by state and is
it part of a larger federal plan?
Ms. Dacy stated the meeting is not required by state. The update
of a comprehensive plan is required. All land use issues must
conform to policies of the Metropolitan Council. These series
of ineetings were recommended by Council and the Planning
,-,, Commission to obtain as much information as possible for citizen
participation. By law we are required to have just one meeting.
This effort is not a part of a federal plan. A long term plan is
PLANNING COMMISSION ME�TING OCTOB$R 15 1997 PAG$ 6
a typical approach to try to guide communities into the future. �.
Jean Ingebrigtsen 5811 West Moore Lake Drive
Ms. Ingebrigtsen stated she misunderstood what the meeting was
about. She thought she would answer, "What do I like about my
community now or what don't I like?" For the year 2010, Ms.
Ingebrigtsen would like to think of Fridley as an oasis from the
big city and as a park area. She sees Moore Lake, the beach,
Islands of Peace, Locke Park as priorities and would like to see
Fridley though of in a community way, wanting everyone to wish
they could live here, rather than big buildings like Sam's Club
or other industry. Some suggestions include the guardrails on
Highway 65 are tacky. The state should take care of it and it
should be brought to their attention. The exit from 694 E is
dangerous. The traffic naise from the freeway is too much. The
traffic along her home from the school activities is excessive.
Coming from Central Avenue, it is dangerous to walk, perhaps a
silver marker should be installed on the white lines on the road.
Neighbors have requested a street light and it appears there is a
need for another. Marigold is also very dark at night. The
fence around the Sand Dunes is often in dis-repair. The Sand
Dunes are as important as the park. Ms. Ingebrigtsen spoke with
a volunteer worker at the Sand Dunes who is trying to help
maintain the sand dunes. There are 162 plants growing there that
have been to identified. The high school puts their snow from
the parking lot there, which kills the plants. Ms. Ingebrigtsen
inquired, she noticed there are 3 flags flying outside City Hall,
the United States, Fridley and she couldn't identify the other
one.
Ms. McPherson stated a POW MIA of Minnesota Flag is flying at
City Hall.
Ms. Ingebrightsen stated City Hall is not noticeable and is
difficult to find. It is a beautiful drive. How do you identify
this is the governing part of Fridley? Perhaps a sign is needed
on University Avenue and Central Avenue announcing where the
municipal center is located.
Chairwoman Savage asked do you have something specific in mind on
how you would like to see as Fridley?
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Ms. Ingebrightsen asked have you been to Columbia Heights and
have you noticed the banners? Perhaps banners could be installed J
PLANNING COMMISSION MEETING OCTOBER 15 1997 PAG$ 7
� at the crossroads of University and Mississippi and Central and
Mississippi to identify where City Hall can be located.
Ms. Modig stated yes has seen the banners.
David Gilbert 517 61st Avenue
Mr. Gilbert has lived in Fridley 41 years. People don't realize
the downtown was very small and along came Holly Center which was
an improvement as have many other improvements. Regarding the
fence, if you remove the fence what is there to protect them?
Others say the businesses can't flourish. Mr. Gilbert stated the
PA system is lousy as he can't hear what any of the speakers have
said. A new PA system would be a good improvement for the year
2000.
Tom Larson '359 66th Avenue NE
Originally Mr. Larson came to support the Walgreen's proposal.
Mr. Larson has lived in the City for 3 years. He came to live
here because he couldn't afford to buy a home anywhere else. The
� neighbors and programs like the home improvement plan, the parks
and `49er Days make it a great place to live. From a development
standpoint, what is being done to let people know about the great
programs available? If we are looking to move into the future,
we need to let people know that this is a good place to live.
Mr. Larson wants to have the same opportunity as the rest of
these people here who are older than he, to have people his own
age to also have the opportunity to move to Fridley rather than
Coon Rapids or some other suburb.
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Mr. Martin would really like to see in the future the Sand Dunes
maintained, clean up the garbage and put up �he guard rails to
prevent kids from riding their bikes there. The reason Mr.
Martin likes Fridley is, compared to other suburbs with big
houses and larger expanses of grass. Fridley has large trees and
they serve as a windbreak as well. Regarding the fence issue,
plant flowering bushes and trees to make a beautiful area and we
would have a beautiful barrier, making it aeem that Fridley is a
nice place to drive through.
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Ms. Olson asked the Commission what are we missing that we aren't
covering? What are you suggesting we should cover, population,
PLANNING CO1�Il�IISSION MEETING OCTOBER 15 1997 PAG� 8
housing, public works? Do we know what other cities have done. �"�
Chairwoman Savage stated that is up to the individual. You had
some nice suggestions. If there are any more specifics, we are
interested in hearing about it.
Ms. Dacy stated other cities are also initiating their process as
well. Each may have a different suggestion. Our next meeting is
Novemberl9th. If you identify any additional or specific issues,
please feel free to come back or contact us. One more meeting
will be scheduled in December. Comments will be assimilated and
come back to conduct the same type of ineetings again. This
process will take 12 to 18 months.
2. PUBLIC HEARING• CONGTDERATION OF A REZONING ZOA #97 07 BY
SEMPER DEVELOPMENT LTD•
To amend a previously-approved development plan in an S-2
Redevelopment District on Lots 9, 10, 11, and 12, Block 2, Rice
Creek Terrace Plat 1 and Lots District on Lots 13, 14, 15, and
16, Block 3 Rice Creek Terrace Plat 2, generally located at 6525
University Avenue N.E. A 13,000 square foot Walgreen's is r�
proposed.
M TI N by Mr. Kondrick, seconded by Mr. Sielaff, to waive the
reading of the public hearing notice and to open the public
hearing.
iTPON A VOIC1± VOTB, ALL VOTING AYE, CHAIRPLRSON SAVAG]3 DECLARED
THE MOTION CARRIED AND THE PIIBLIC HEARING OPEN AT 8:15 P.M. ,
Ms. Dacy stated Semper Development Ltd., on behalf of Walgreen's
is requesting that the City approve a new redevelopment plan for
the northeast corner of University Avenue and Mississippi Street
in the Center City redevelopment area. The S-2, Redevelopment
District requires plan approval for any project within an S-2
area. In 1991, the City approved a plan which contained a
multi-tenant retail building consisting of 27,745 sq. ft. The
proposal before us is a 13,905 sq. ft. Walgreen's with
prescription pick-up window. The project area is 2.88 acres.
The single family site not included in the plan is located at the
northeast of the existing building on 66th Avenue.
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Ms. Dacy stated the site plan meets the typical requirements of a
commercial use; however, staff is concerned that the proposal
PLANNING COMMISSION MBETING OCTOB�R 15 1997 PAGE 9
� under-utilizes the area of the site, and is not maximizing the
full potential for redevelopment at this location. The basis for
review is S-2 District intent is to allow for mixed use
development, maximum flexibility and to determine an acceptable
plan which is in the best interest of the City. For example, a
speaker stated he would not like to see a pawn shop in the area.
The City could prohibit a pawn shop. Permitted uses of area is
based on project review by the Housing and Redevelopment
Authority, the Planning Commission and City Council. The
existing building was built in 1965. The site was rezoned to S-2
in 1990 based on a plan which proposed a 28,230 sq. ft multi-
tenant retail center. In 1991 an amendment to the plan was
approved to permit a drive-through window at the west end of the
site to permit a 27,745 sq. ft building.
Ms. Dacy stated the Developer has met with abutting homeowners
requesting their input. Homeowner comments requested pine trees,
use of a wood privacy fence, removing some parking areas and
putting a fence on south side of the pond. Ms. Dacy stated the
City has received a letter from Scott and Annette Barrett in
support of the development.
� Ms. Dacy stated the site is located in Center City TIF District
#1 and staff concern is the area is under utilized. The large
parking area and prescription pick-up window dictates the
buildings location, therefore not leaving the best efficiency of
the site to increase the building for a partner retail use. The
possibility of partnering a coffee shop or book store was
discussed, but Walgreen's response is the prescription window is
important to the success of the building and therefore, are
reluctant to ahare the site. This is a smaller project than
originally approved. The application by Walgreen's is prompting
us to review the vision of the site. The petitioners are
frustrated by this. Market issues are changing and given the
recent construction at Christensen Crossing, there may be other
opportunities available to the City to develop a mixed use
development at the property. The HRA recommended approval on a
3-0 vote with 2 people absent. HRA saw no reason to prohibit the
development. The Planning Commission will address the issue this
evening and the City Council on October 27. The 60 day deadline
is November 11, 1997.
,r� Staff Recommends that the Planning Commission recommend denial of
the proposed plan revision to the City Council. However, should
the Planning Commission recommend approval of the plan revision,
PLANNING CO1�Il�iISSION ME�TING OCTOB�R 15 1997 PAGE 10
the following stipulations are suggested. Compliance with the
comments of the Engineering Department as stated in the September
23, 1997 memo from Jon Haukaas. The petitioner shall execute a
storm water pond maintenance agreement to maintain the detention
pond at the north side of the site. A final landscaping and
irrigation plan shall be submitted and approved by City staff
prior to issuance of a building permit. The westerly right-in
right-out driveway shall be removed from the site plan and shall
not be constructed. A permit for the easterly driveway must be
obtained from Anoka County. The property owner shall agree to
execute an easement to use parking spaces on the site for a park-
and-ride site.
Chairwoman Savage clarified the original project. It was a
Walgreen's, Burger King and how many other businesses?
Ms. Dacy stated yes,
types of businesses
businesses.
along with a video store and depended on the
that would be attracted, probably 4-6 other
Chairwoman Savage asked if the City had done anything to
encourage the development of this site?
Ms. Dacy stated this proposal has been the first interest since
the last plan in 1991. The City worked as best it could to
implement that project and a development agreement was proposed
and drafted.
Modig clarified, staff wants to reevaluate the site? Are you
saying you aren't ready for the proposal?
Ms. Dacy stated Walgreen's has filed an application and the City
is required to react to that application. We are in the position
of reacting rather than pro-acting. If you feel this use is not
appropriate, then your action is to recommend denial. It is up
to staff to present all the options. We question if there has
been a legitimate analysis done by the Commission and Council.
Is this consistent with what you want to see for the area? We
are in a reactionary approach. Is this what the community wants?
Councilwoman Savage stated the surveys reflect the people want
amenities such as coffee shops and restaurants. How do we
accomplish that?
Ms. Dacy stated you are in the position of having to react to a
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PLANNING COMMISSION ME�TING OCTOBBR 15 1997 PAG��
� proposal. The typical approach is the HRA and Council reach a
joint agreement to redevelop the site, initiate acquisition and
take ownership of the land. We identify the vision and conduct a
request for a proposal and a developer steps up to take site
control to accomplish the vision.
Chairwoman Savage stated the concern not yet stated by the
audience is nothing has happened since 1991. What we have is not
what we want. But we want to see something nice going in there.
Mr. Oquist asked is there enough parking spots to accommodate
more than Walgreen's parking requirement? If we knew that we
wanted to take control of this area, why haven't we been doing
that until now, when someone comes along with a nice plan?
Ms. Dacy stated, yes there is sufficient parking. The City has
been working proactively on the Southwest Quadrant which took a
long time to get through. The acquisition and Mississippi Street
issues took over 2 years. Secondly, the last 4-5 years has been
to initiate a changeover on the Lake Pointe Site. The City took
ownership back from the developer. We have been marketing that
/"� site in the early 90's and have been working with MEPC for the
last 18 months. We are seeing some success. These two sites were
directed to us by Council as priority. I think you will see an
initiation for the construction of this site and address the
issues. At this point it is time to take a serious look at this
4th corner of this intersection to complete the puzzle. If you
feel it is appropriate you approve, if not, you deriy.
Mr. Sielaff asked about the park-and-ride, are you taking space
out of the landscaped areas or share Walgreen's parking spaces.
Ms. Dacy stated approximatel� 10 to 15 spaces can be shared,
depending on the timing of Walgreen's peak hours. This plan does
not specifically identify those spaces on the plan. We would
work with the owner to preserve the shared parking spaces. Ms.
Dacy cannot recommend an exact number of spaces needed for the
future.
Mr. Sielaff asked if the S-2 use intended to be flexible for
types of development.
,� Ms. Dacy stated, that is correct.
Ms. Modig asked about the park-and-ride, does the homeowner lot
PLANNING CON�lISSiON MEETING OCTOBER 15 1997 PAGE 12
that is not included in this plan still not a part of the package
or will it be needed to accommodate the park-and-ride spaces?
Ms. Dacy stated, yes. If this plan is approved, that lot will
continue as a residential use. Another option is the City or
owner can petition a rezoning back to R-1.
The petitioner, John Koehler, Architect for the Semper
Development stated a 13,905 sq. ft Walgreen's is proposed. This
is slightly smaller than the existing building. The business
will serve a 1.5 mile surrounding area as a neighborhood store.
The project does have a drive-thru pick-up window to pick up a
prescription previously called in. This is utilized by elderly
and handicapped or parents with sick kids. Typically traffic for
a drug store is a slow trickle all day. There is not a high peak
time. The access proposed is will be signed as no southbound
access to University here. As the developer, we have talked a
lot with the neighborhood. They want a strong buffer between
residential and the businesses. The buffer zone will be larger
than the front yards that homes in the area have now. The
original plan proposed a fenee separating residential from
commercial. A 7 ft high cedar fence to follow the parking area
and have the green area on their side of the fence was requested.
Parking needs for a typical Walgreen's is 70 - 75 spaces. If we
eliminate a row of parking on each side we can increase the green
area and an additional row of pine trees. The neighborhood
requested a different type of tree than the Willow proposed and
the developer is willing to address the request. The lighting
was also a concern. All lighting will be shielded away from the
buildings. The building will be face brick on all 4 sides.
There is no loading dock, a small overhead door and service door.
A truck will come three hours once a week. The only areas of
stucco are the overhangs and a large glass front. The
construction costs on this building are $72 sq. ft versus a
typical $50 sq. ft. Walgreen's is making a long term commitment
to the site. Part of the reason they would like to be the only
tenant is the maintenance. They want to be a good neighbor to
their customers who are their neighbors. Mr. Kohler requested a
show of support by raising their hands from the audience.
Chairwoman Savage asked if this project is similar to the store
in Anoka.
Mr. Kohler stated the business is similar in size, but this is a
building upgrade.
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pLANNING CO1�lISSION MELTING OCT08ER 15 1997 PAGE 13
Ms. Modig asked about the store hours of operation.
Mr. Kohler stated typical business hours are 7 a.m. to 10 p.m.
There are a few that are open 24 hours but he is not sure this
location will be open 24 hours.
Craig Christensen of Semper Development stated the park-and-ride
is a new request since being approved by the HR.A. Mr.
Christensen isn't sure what the park-and-ride agreement was with
the first development. Semper Development is opposed to the
park-and-ride stipulation. If we work with the proposed plan, we
have 72 spaces and there is no extra parking for a park-and-ride
which would create an operational nightmare creating maintenance
and liability problems. It creates morning and evening traffic
in the neighborhood. It imposes a public use on a private
property. A bigger parking area would be needed for a park-and-
ride. If the parking spots were signed in some way, obviously
people will park in other areas of the lot.
Chairwoman Savage stated you realize that could be a stipulation
� if we approve this request. The City is not looking at a strip
mall but perhaps adding a tasteful amenity such as a coffee shop
or an upgraded bookstore. Apparently Walgreen's is opposed?
Mr. Christensen stated it is not feasible as this plan is driven
by what Walgreen's requires.
Mr. Kohler stated the way the site plan works, it is a good
concept. If you knew that a coffee shop or bookstore will be
there for 20 years great. The history demonstrates that those
businesses come and go every 7 years.
Mr. Christensen finds it ironic the City wants a bigger project
but would propose the burden of the park-and-ride and then
Walgreen wouldn't have the option to expand their building.
Ms. Dacy stated both agencies have a different mission. The
park-and-ride issue was not appropriate to diacuss at the HR.A
meeting and Ms. Dacy had spoken with Mr. Kohler on that
stipulation. The park-and-ride was a part of the 1990 plan, also
referred to as a kiss-and-ride. Ms. Dacy stated the City wants
,� to meet the demand for the future.
Mr. Oquist asked has the City considered using the Holly Center
PLANNING C014Il�lIS�ION ME$TING OCTOBER 15 1997 PAG� 14
lot for park-and-ride. Mr. Oquist would be opposed to a park- �°"1
and-ride. �
Ms. Dacy is not suggesting this development be penalized with a
park-and-ride. This was a stipulation in the 1990 plan. The
same stipulation would be requested for any plan. We are not
singling this property owner out. This issue is similar to the
southwest corner where we have an easement for an over pass or an
under pass.
Mr. Oquist disagreed. It appears we will jeopardize the green
area for the park-and-ride.
Ms. Dacy stated there is still an additional lot in the S-2
district. The traffic pattern they have is not peak so it is a
good share situation.
Ms. Modig asked, If we approve this plan, we eliminate that lot
not utilized in this plan. In order to do that and accommodate a
park-and-ride, we would have to acquire the property that we may
designate as R-1?
�
Ms. Dacy stated there are two options. The City has the ability
to acquire or rezone the property as R-1. The petitioners
traffic pattern creates the ability to share. The way the
stipulation is worded provides enough flexibility for both to
work out an agreement
Mr. Sielaff asked about the existing driveway, staff recommends
taking it out. Why do you need it? �
Mr. Kohler stated traffic will be able to make a left turn at
this area. This allows for easier movement of traffic around the
site. We plan to sign that you may not cross to south University
Avenue. We have heard from neighbors that at peak traffic times
this does back up making this the access point of choice.
Mr. Sielaff asked is there data available on the traffic
accidents.
Ms. Dacy stated additional research is required.
Ms. Modig asked, Why are you objecting to it if it is already �,.�
there?
PLANNING CONIlKISSION MEETING OCTOB�R 15 1997 PAGE 15
� Ms. Dacy stated there is more background traffic on Mississippi
compared to 10 years ago. When new developments are addressed,
we try to address problems. Mississippi carries a tremendous
amount of traffic. The City must decide we have a safety issue
and volume of traffic to address. I don't think it makes good
sense to continue its existence. Traffic will back up on site,
but that is the way it should be.
Mr. Sielaff asked about the additional S-2 lot, is it vacant?
Ms. Dacy stated, no.
Mr. Kohler stated the property owner has significantly improved
her home and has no intention of selling.
Mr. Sielaff asked, Can something else happen on that lot if it is
zoned as S-2?
Ms. Dacy stated, not without the approval of the City.
Mr. Sielaff asked is the product mix of this store typical of
� Walgreen's or will you do something different here?
Mr. Kohler stated it is your typical Walgreen's, it is not a
super store, a neighborhood store.
Norma Swanson, the property owner, resides at 361 Rice Creek
Terrace. Ms. Swanson has been a resident of Fridley for 38
years. Ms. Swanson's father, Mr. Theisen was invited to open a
supermarket here in Fridley. The Council turned down his
requests to build which resulted in the Red Owl. Mr. Theisen
felt that if you have a business in the community, you should
live in the community. Ms. Swanson has proposed numerous
developments that have not been passed. Each proposal costs
numerous dollars and it ties it up the property so we can't rent
it. A park-and-ride was proposed and the people do not want a
park-and-ride. Ms. Swanson stated, "I don't understand how you
can continue to put restrictions on this property. At the HRA
the City stated this is not our #1 priority, we are working on
other things. Now we should look at it from a proactive rather
than reactively. This makes me very angry and the City has
suffered because of the tax increment they miss. The green area
� is beautiful. There is plenty of park-and-ride area across the
street. You can count on this nice, clean, reputable tenant.
Upkeep of this property will be taken care of. It is time to
PLANNING COI�KISSION MEETING OCTOBER 15 1997 PAG� 16
move ahead as I am under court order due to a death of a brother /"1
to sell this property. The park-and-ride is just another hook by
the City. The County has continued to nibble away at the
property. They are happy with the 2 pieces they have taken. It
is time to develop."
Mr. Sielaff asked does the bike path pass through this property?
Mr. Kohler stated yes, and it will stay in the same location.
Don Bennethum a resident of 6111 Star Lane represented Louise
Bennethum. Mr. Bennethum stated it is ridiculous to believe
there will be just one truck delivering to this location. There
will be beer, pop, and additional truck traffic other than
described. A house will be removed, one that was recently
purchased by Mrs. Swanson's son. There are 4, 75 ft. lots by 150
ft. deep. We are going to add 65,000 sq. ft. to this area, and
build a store that is slightly smaller than the current building.
Is that under utilization? As a resident of Fridley I am
opposed.
Jean Ingebrigtsen, of 5811 West Moore Lake Drive stated she
shopped at the Theisen family store. Ms. Ingebrigtsen
recommended the prescription pick-up should be located at the
side of the building instead of driving around the building.
What is your responsibility to Holly Center to Snyder Drug?
Competition is said to be good. I hope we take into
consideration that these two businesses will be located just
across the street from each other. It hasn't been your concern
that Snyder's will succeed. If they don't succeed, who will be
there?
Duane Hanson, a resident of 365 66th Avenue NE stated, of all the
options presented and turned down Walgreen's is the best we have
seen. Fast food, pawn shops don't look good. Our best option is
Walgreen's. Who wants to look out their window and look at the
back of Burger King. We have seen other Walgreen's well kept.
Let's have a development that will look good.
Patricia Anderson, a resident of 367 66th Avenue agrees with
Duane. The Anderson's have lived in Fridley for 11 years and
love it because it feels like a community. The point is the
proposal dresses up the corner and alleviates concerns of the
people while addressing the concerns of the neighborhood. People
don't always look at just bricks and mortar but a business that
�"1
pLANNING CON�lISSION MEETING OCTOB�R 15 1997 PAGE 17
'� wants to contribute to the integrity of the community.
Paul Monson, 369 66th Avenue explained the current tenant has
peak traffic right after work, when people work out. Many people
are coming and going and there doesn't seem to be a problem. The
Walgreen's will have less traffic than that. Tom is in a food
industry, Walgreen is very competitive and he has no doubt that
Walgreen's will be stable in the community. Snyder's
will have to be competitive.
Louise Bennethum, 368 66th Avenue has lived next to this property
since 1958. There is a coffee shop right now and we clean up
the mess. Ms. Bennethu would like to see this plan go through.
This is a golden opportunity to give Fridley a good up front view
for traffic passing on University. Make your decision now. Ms.
Bennethum just put $60,00� into her home and would like to see
that green area to enhance the area for when she sells.
Bill Hogan, 365 Mississippi Street lives next door to project.
This developer has worked with us to make the project more
comfortable for my home. If you design the exit further west,
�'"� that will bring additional traffic near the Hogan's home. When
people make a U-turn to get into the existing development, they
turn around in front of the Hogan home, flashing light into the
living room. If people are worried about the traffic back up,
then you won't approve a development at all. Right now people
illegally drive left to get out, or do a U-turn to get into the
drive right now. Because of the way it is designed, people drive
in the wrong direction on Mississippi to go east. If you have
just one exit you double the traffic coming by my home.
MOT by Mr. Kuechle, seconded by Mr. Kondrick, to close the
public hearing.
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED
THg MOTION CARRI�D AND THE PIIBLIC HEARING CLOSED AT 9:55 P.M.
Mr. Oquist stated he supports the project. If they accomplish
the landscape plan it will be an attractive corner.
Mr. Kuechle concurs with Mr. Oquist and sympathizes with the City
for having lost control. Mr. Kuechle recommends deleting the #5
,� park-and-ride stipulation and understands there is a need to
address the driveway as recommended by the resident.
PLANNING CONIl�II SION ME�TING OCTOHER 15 1997 p�r� lg
Ms. Dacy stated there was discussion of making a smaller median �,
and making a larger driveway.
Chairwoman Savage agrees with Mr. Kuechle. The problem is what
we have in the corner is an eyesore. We want to see something
and the frustration is that nothing has worked out in the past
years. We do have a project that looks good and would be in
favor of it. However, Chairwoman Savage agrees with staff, there
is room for negotiation with stipulation #5 . We should look to
the future as we may have mass transit and need to plan for it.
If we eliminate #5 does that leave us with Holly Center parking
as an option?
Ms. Dacy stated it is hard to predict what the implementing
agency will require. Similar to utility easement, we are
requiring designation for a use. The intent is to preserve the
City�s options.
Mr. Oquist stated he is concerned about the park-and-ride
liability. Who is liable for accidents and vandalism? If the
City wants park-and-ride, then the City should be liable.
Ms. Dacy stated at this time mass transit is their responsibility
�
of Anoka County. Right now there is no liability issue and does
not anticipate the City going into the transit business or
operating a park-and-ride. However, it is appropriate to address
that issue and its impact.
Ms. Modig stated if we don't include stipulation #5 then it will
be considered at the time that we get mass transit. If there is
no easement in that area, then they wouldn't consider that area
anyway? .
Ms. Dacy stated the two options available are the City would go
to the property owner to negotiate or try to identify another
site.
Ms. Modig stated there were other sites identified when we did
that plan many years ago.
Ms. Modig understands the difficulty for the City to react to a
plan due to time commitments. When we went through the plan in
1991 with the other businesses there were concerns with the
amount of traffic going in and out, safety and lighting. Ms. �
Modig would like to see this happen due to the support of the
pLANNING CON�IISSION MEETING OCTOBER 15 1997 PAGE�
� neighborhood. The petitioner seems to be willing to work with
the City and neighborhood and compliments the new neighborhood
across the street. Ms. Modig recommends also to eliminate
stipulation #5 and the easements will have to be negotiated in
the future. If we eliminate the west driveway then all the
traffic will be near the residents home. Therefore Ms. Modig
recommends staff and the petitioner work to move the driveway
further to accommodate the right out.
,�
Mr. Kondrick stated he is not crazy about a drug store at the
primary intersection of the community. The advantage of this
plan is the nice buffer between the business and neighborhood.
The plan is before us. The park-and-ride will happen in the
future and Mississippi Street will be the spot for it but we need
a major hit for it. Transit is supposed to be on the east side
of the street. Mr. KondriCk concurs with eliminating stipulation
#5. Although he sees staffs intent. As far as the driveway, I
recommend eliminating the westerly driveway. The traffic can
stack inside the lot. Traffic can go south or north if they want
to. Mr. Kondrick will vote for the project with stipulation #5
eliminated and only the easterly driveway permitted.
Mr. Sielaff stated it is time to develop this land and sees no
compelling reason to have a park-and-ride as an issue.
Mr. Oquist asked Mr. Kohler if they would consider making the
easterly driveway a 3 lane drive.
Mr. Kuechle recommended removing stipulation #4 and suggest staff
and the developer go back and change the driveway.
Ms. Modig concurred, we need to address the wording of
stipulation #4 so staff and the petitioner come to an agreement
on the driveway.
Chairwoman Savage stated let the record indicate that Ms. Modig
is opposed to eliminating stipulation #4 and that Chairwoman
Savage is in favor of keeping stipulation #5 as the City should
have that option.
MOTION by Mr. Sielaff to recommend approval of this request, ZOA
#97-07, to amend the project plan for this redevelopment and
,� remove stipulation #5 from staff recommendations and stipulation
#4 be reworded so that staff and the petitioner come to an
agreement on the driveway, as follows:
PLANNING CONIlKISSION ME�TING OCTOBgR 15 1997 PAGE ZO
1. Compliance with the comments of the Engineering Department as
stated in the September 23, 1997 memo from Jon Haukaas.
2. The petitioner shall execute a stormwater pond maintenance
agreement to maintain the detention pond at the north side of
the site.
3. A final landscaping and irrigation plan shall be submitted and
approved by City staff prior to issuance of a building permit.
4. Staff and the petitioner shall come to an agreement on the
driveway.
Seconded by Mr. Kondrick.
UPON A VOIC$ VOT�, ALL VOTING AYE, CI�AIRP�RSON SAVAGE D$CLAR�D
THE MOTION CAR,RIED.
Ms. Dacy stated, this request will go to the City Council on
October 27th.
3. PUBLIC HEARING• CONSIDER.ATION OF A PRELIMINAR.Y PLAT P S
�97-05, BY TODD ACHMAN OF BACHMAN'S INC
To replat Lot 2, Block 1, Walton Addition, generally located at
8200 University Avenue N.E. (north of Sam's Club).
Councilwoman Savage stated the Commission will take the three
Bachman items for consideration together. Staff will present all
three items and discussion will follow.
MOTION by Mr. Kondrick, seconded by Mr. Oquist, to waive the
reading of the public hearing notice and to open the public
hearing.
IIPON A VOICE VOTE, ALL VOTING AYE, CHAIRPLRSON SAVAGL DECLARED
TiiE MOTION CARRILD AND THE PIIBLIC HEARING OPEN AT 10:10 P.M.
Ms McPherson stated Todd Bachman requests that the City approve a
preliminary plat entitled "Walton 2nd Addition". The proposed
plat is for property generally located at the intersection of
81st Avenue and University Avenue. The proposed plat will create
three lots; one containing Sam's Club, a development parcel for
Bachman's, and a third lot which will be vacant and may be sold
�
�
n
pLANNINa COMMISSION ME$TING OCTOB�R 15 1997 —PAG� 21
� for a future use or by Bachman's. A 25,000 sq. ft Bachman's
facility is proposed. The petitioner is also processing a
rezoning request and special use permit for garden sales. This
request is a replat of Lots 1 and 2, Block 1 of the recently-
approved Walton Addition. The purpose of the replat is to "swap"
areas to create a better development site for Bachman's. The
proposed lots meet the minimum lot area requirement for the C-3,
General Shopping Center District. The proposed vacant lot will
contain a future use to be determined. The petitioner has agreed
that the use on the vacant lot will not be automotive-related. A
common storm water pond use and maintenance agreement will need
to be recorded against the plat for the detention facility
located on Outlot A, Walton Addition. Park dedication fees will
also be required.
Ms. McPherson stated staff recommends approval of the request to
the City Council with the following stipulations:
1. Execute and record common storm water use and maintenance
agreement for Outlot A, Walton Addition against the plat.
/!'� 2. Park dedication fees shall be paid at the following rates:
Lot 2 (Bachman's) - $5,657.42
Lot 3 (Vacant) - $1,217.07.
3. Rezoning request ZOA #97-08, shall be approved.
4. PUBLIC HEAR.ING CONSIDERATION OF A SPECIAL USE PERMIT SP
#97 08 BY TODD BACHMAN OF BACHNLAN'S INC •
Ms. McPherson presented the second request by Todd Bachman, to
allow a garden center or nursery requiring outdoor sales on Lot
2, Block 1, Walton Addition, generally located at 8200 University
Avenue N.E. The request is for a proposed 25,000 sq. ft. retail
facility with a 7,000 sq. ft. green house and 66,000 sq, ft.
outdoor sales area located at 8200 University Avenue N.E.
Ms. McPherson stated previous requests for special use permits
for garden centers or nurseries have required the integration of
these facilities into the main building. The proposed sales and
storage area in this request will be located west of ancl to the
,� rear of the main str`ucture. It will be surrounded on three sides
by a fence. There will be gates for fire and emergency access
only. Customer vehicles will not have access to the storage area
PLANNING CONIl�SISSION ME�TING OCT B$R 15 1997 PAGB 22
and customers will use shopping carts to remove materials. A ,�
cedar arbor will be constructed to provide shade to some of the
materials. Typical stipulations related to these particular
requests include no sales or storage in front of the building and
no outdoor storage of chemicals. The petitioner has agreed to
these particular stipulations.
Ms. McPherson stated staff recommends that the Planning
Commission recommend approval of the request to the City Council
with the following stipulations:
1. There shall be no sales or display of inerchandise in front of
the building.
2. There shall be no outside storage of chemical fertilizers,
pesticides or herbicides.
3. The plat request and rezoning requests shall also be approved.
4. There shall be no off-season storage of bulk inventory in
outdoor sales areas.
,�
5. The fence enclosure and pergola for outdoor sales area shall
be built as designed to be architecturally compatible with the
_ building and building elevation plan dated October 8, 1997.
6. Building elevations shall be built as proposed on the plan
dat�d October 8, 1997.
5. PUBLIC HEARING• CONSIDER.ATION OF A REZONING ZOA #97-08 BY
TODD BACHMAN OF BACHMAN'S IN
Ms. McPherson presented the third request by Todd Bachman to
rezone property from C-2, General Business to C-3, General
Shopping Center, on Lot 2, Block 1, Walton Addition, generally
located at 8200 University Avenue N.E. (north of Sam's Club}
Ms. McPherson stated this request, if approved, will comply with
the stipulation on plat approval, P.S. #97-02, Walton Addition,
which was recently approved by the City Council and completed by
McCombs, Frank, Roos on behalf of Wal-Mart. The rezoning is in
conjunction with a plat and special use permit request for a
25,000 sq. ft. retail facility. The rezoning request meets the ^
three evaluation criteria used to evaluate rezoning requests.
Compatibility of the proposed use with the proposed district.
PLANNING CONa+iISSION MEETING OCTOB�R 15. 1997 _ PAGB 23
� Compatibility of the proposed district with adjacent uses and
zoning; and compliance of the proposed use with the proposed
district requirements. Staff recommends that the Planning
Commission recommend approval of the rezoning request to the City
Council.
Ms. McPherson presented a video of the Bachman's facility located
at Lyndale Avenue and 66th Street in South Minneapolis. The
video showed landscaping of the parking area. Landscape and
design treatments proposed for the Fridley site are similar to
the Lyndale store. Ms. McPherson noted that the decorative
lights have the shepherd hook, and the rock face block at the
front of the building as well as metal flashing; green tinted
glass on the front and clear glass on the rest. The decorative
lights and banners are also utilized. Bachman's is proposing
extensive landscaping in the parking lot island at the Fridley
location. Green accent colors are utilized in the facility as
will be utilized in Fridley.
Todd Bachman and Brian Cluts addressed the Commission concerning
the project. Mr. Bachman stated the video did not emphasize the
�'°�, detail and colors of the project. The store has a 25,000 sq. fto
of retail, floral and gift area and a 7,000 sq. ft. greenhouse
area. The large atrium area is the main entrance to the store.
The smaller entrance is to the green house. The color scheme is
similar to the Lyndale store and has been met with great
acceptance. Bachman's business is one of enhancing the
environment and they carry that out throughout the facility.
Samples of construction materials were displayed. This store is
similar to the other 4 stores Bachman's has built over the last 7
years.
Mr. Cluts displayed the materials to be used on the building.
The base of the building is a Terra cota block and the green
metal accents is quite striking. The light poles and flashing
details are also made of the same green metal accents.
Mr. Sielaff asked about the parking lot, will it be similar to
the 66th and Lyndale facility? The only concern Mr. Sielaff had
was the expansive parking at Sam's Club and then another one
located next to it.
,� Mr. Bachman stated the proposed plan for parking is for islands
with plantings but not plantings between the cars. There will be
a total green facade with a well planted entry way with large
�__L�NNING COMMISSION MEE ING OCTOBER 15 1997 PAG� 24
trees, flowering crabs and Hackberry, a very finished look the �
day it opens. Extensive landscaping in front of the building is
also planned.
Ms. Modig asked if Bachman`s have any problems with the
stipulations.
Mr. Bachman stated, no.
Mr. Kuechle asked are we giving them anything that we haven't
given anyone else?
Ms. Dacy stated, no.
Mr. Hickok stated the integration in the design is the key. As
opposed to the other requests for nursery or garden center with
outdoor sales in the parking lot.
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPTsRSON SAVAGFs DECLARLD
THE MOTION CARRIED AND THE PUBLIC HEARING CLOSED AT 10:40 P.M.
MOTION by Mr. Sielaff to approve plat, P.S. #97-05, with the �
following stipulations:
1. Execute and record common stormwater use and maintenance
agreement for Outlot A, Walton Addition against the plat.
2. Park dedication fee shall be paid at the following rates:
Lot 2 (Bachman's) - $5,657.24
Lot 3 (Vacant) - $1,217.07
3. Rezoning request, ZOA #97-08, shall be approved.
TI N by Mr. Sielaff to approve special use permit, SP #97-08,
with the following stipulations:
1. There shall be no sales or display of inerchandise in front of
the building.
2. There shall be no outside storage of chemical fertilizers,
pesticides, or herbicides.
n
3. The plat request and rezoning requests shall also be approved.
y
PL�,NNING CONII�ZISSION MELTING OCTOBER 15 1997 PAGE 25
4. There shall be no off-season storage of bulk inventory in
outdoor sales areas.
5. The fence enclosure and pergola for outdoor sales area shall
be built as designed to be architecturally compatible with the
building and building elevation plan dated October 8, 1997.
6. Building elevations shall be built as proposed on the plan
dated October 8, 1997.
MOT N by Mr. Sielaff to approve rezoning, ZOA #97-08.
Seconded by Mr. Kondrick.
IIPON A VOICT VOTE, ALL VOTING AYE, CHAIRPLRSON SAVAGP DECLARED
THE ABOVE MOTIONS CARRIFD IINANIMOUSLY.
Ms. McPherson stated these 3 items will also go to the City
Council on October 27, 1997.
� 6. PUBLIC HEARING CONSIDERATION OF A ZONING TEXT AMENDMENT.
7'r'A #97-03 BY THE CITY OF FRIDLEY•
To amend the Zoning Ordinance to allow wireless communication
facilities (monopole towers) in P, Public Facilities zoning
districts. The following properties are currently being
considered for wireless communication facilities: Recycling
Center site, Community Park, Edgewater Park; Commons Park, the
water tower located at 53rd and Matterhorn Drive, the water tower
in Locke Park, and the Wellhouse #13 site at 51st Avenue and East
River Road.
MOTION by Mr. Oquist, seconded by Mr. Kondrick, to waive the
reading of the public hearing notice and to open the public
hearing.
IIPON A VOICE VOTE, ALL VOTING AYE, CHAIRPPRSON SAVAGE DECLARED
THE MOTION CARRIED AND THE PIIBLIC HEARING OPEN AT 10:50 P.M.
Mr. Hickok stated in February 1996, the federal government
concurred on the passage of the Telecommunications Act. This Act
,..� impacts wired and wireless operators of telecommunication
services and responds to the impact of the increased competition
in the market. The Telecommunications Act of 1996 preserves the
PLANNING COI�IlKISSION ME$TING OCTOBER 15 1997 PAG� 26
authority of the City to regulate the placement of facilities for �"1
telecommunication services but ensures we do not unreasonably
interfere with the industry. In early 1997, the City Council
placed a moratorium prohibiting the construction of new
communication and antennae array. The moratorium established
allowed the City to take a comprehensive look at the impacts of
the 1996 Telecommunications Act and establish acceptable antennae
locations. Since the moratorium was established, staff has
worked with a PCS consultant to get a clear understanding of the
technology, the issues, and to determine how many antennae
locations would be required to serve the community.
Mr. Hickok stated, after significant review by the advisory
commissions, the City Council directed staff to prepare an
ordinance regulating wireless communication facilities based on a
site-specific approach. T'he City council also retained a law
firm specializing in telecommunications to review the ordinance
and to assist the City in its preparation. Tony Mendoza from
Fredrikson & Byron will also address the Planning Commission
concerning legal issues. David Dolter will assist in answering
technical questions regarding the industry on behalf of the City.
Mr. Dolter is a sub-contractor who has served in the deployment �
of over 250 sites and has also served as a city manager. Mr.
Weaver was also hired to meet with industry representatives in an
effort to understand their needs.
Since preparation of the original draft of the ordinance, Mr.
Mendoza and Mr. Adrian Herbst from Fredrikson & Byron have
reviewed the ordinance and have made significant improvements to
the ordinance. They suggest the City to create an overlay zone
(similar to the overlay zones for flood plain and shoreland
regulations) for telecommunication sites.
Ms. Dacy stated the ordinance proposes 14 sites as permitted
uses. The City-owned sites are the three water tower sites, the
Recycling Center site, Community Park, Edgewater park, Commons
Park, and Wellhouse No. 13 at 51st Avenue and East River Road.
The second area of sites is located in the vicinity of Onan
Corporation, Totino Grace High School, Al1 Temp Storage on the
west side of Main Street south of I-694, the water tower facility
at United Defense, and the site at 81st Avenue and Main Street.
The privately-owned sites have been selected based on the
criteria discussed earlier, but they were not part of the �
previous information process.
PL NG COMMISSION MEETING OCTOB�R 15 1997 PAG� 27
� Mr. Sielaff asked does the City have the ability to limit the
number of towers according to federal law? The only thing that
limits this industry is public demand? How many towers are we
� talking about?
Mr. Hickok stated the City does not have the ability to limit the
industry needs. We have developed a plan based on the industry,
co-locations in an effort to provide for, and not limit.
The tower locations we have selected may all be utilized for co-
location opportunities. There are not 14 sites, but 2- 3
vendors per site.
Ms. Modig asked, how tall are the towers going to be?
Mr. Hickok stated it depends on the elevation of the site. A
monopole is 125 feet maximum. We do have some equipment already
in the community. The surge tower off Alden Way and the
McGlynn's building and the Highway 65 water tower all house
equipment.
Chairwoman Savage requested clarification. Is the faxed
/"'1 ordinance is the one we need to review this evening?
Ms. Dacy stated yes. She presented the changes which include a
clarification of what would be permitted as nonconforming site.
The proposed ordinance is set up as an overlay ordinance. There
is a list of sites as "approved sites", rezoning them as eligible
for a wireless telecommunication. The third change is the height
restriction. The maximum height for a monopole is 125 feet. The
fourth change is on page 8 requiring an analysis to address
interference with public safety equipment. The fifth change
states a monopole should be designed so that it supports 2
arrays. There are other miscellaneous issues that were addressed
but to be brief, I have highlighted these.
Ms. Dacy stated the privately-owned sites were not originally
included in the original review process. The City will initiate
notification to the property owners, a due process issue does
need to be taken care of.
Mr. Kondrick asked if the people who place their equipment on
these sites feel 14 sites are enough coverage in the City of
� Fridley?
Ms. Dacy stated staff's research indicates that these sites are
�
PLANNING CONII�! SSION MELTING OCTOBER 15 1997 PAGE 28
adequate.
Ms. Modig requested clarification on privately-owned sites, do
you need permission or do you just do it?
Ms. Dacy stated this is a rezoning situation. We would notify
the owner the site is being evaluated and they are welcome to
come to the Council and object.
Mr. Oquist asked, What about private properties and lease
agreement?
Ms. Dacy stated a lease agreement with private owner would have
to be initiated. The lease agreement is between the private
owner and the provider.
Mr. Sielaff asked what recourse does the private property owner
have?
�
Ms. Dacy stated they have the right to object, this is a zoning
issue. It is possible to approve a zoning over the objection of
the owner. �
Mr. Kuechle stated the property still has the right to say no to
the tower.
Mr. Kondrick stated if someone tells us to "go fish", then we
have to go somewhere else.
Ms. Dacy stated, correct.
Ms. Modig asked how many are located in public domain and why did
we go to the private sector?
Ms. Dacy stated the first seven are in public domain and the
remaining are in the private sector.
Mr. Mendoza stated the first issue to address was making City-
owned sites exclusive as they came into play under the
Telecommunications Act. If the City legislates, at some point
you may run out of City-owned property. We cannot prohibit any
deployment of wireless telecommunication issues. The City
would be discriminating in favor of itself for others to get a �
shot at this revenue. We advised staff against making their
sites exclusive. There is also coverage issues which would bring
PLANNING COI�+lISSION MEETING OCTOHER 15 1997 PAG$ 29
� in problems relative to section 704 of the Telecommunications
Act. The cities action could be interpreted as to prohibit the
ability to provide service.
Chairwoman Savage asked are you aware of other cities dealing
with this issue?
Mr. Mendoza stated, yes my firm has handled many other cases.
This is somewhat of a novel concept that Fridley has taken. It
is a good concept, to select and pre-approve sites to support
wireless facilities and present it to the industry is not
something we have worked with in any other area in the country.
Mr. Sielaff stated, "I don't understand how this addresses the
interested parties that want to have a tower can get one. Why
put any private property owners on the list right now. Why not
find out if there is anyone interested who wants a tower?"
Mr. Mendoza stated that would be done through rezoning if their
property is not included on this list. One of the changea made
to the first draft is on page 4 allowing a conditional use
,� provision that if approved sites were exhausted. The list of
property owners goes to the issue of coverage. The map
illustrates the evenly distributed areas.
Ms. Modig asked, "Did these property owners say they want a
tower. If Grace doesn't want one, and I do. I need to apply for
rezoning, and if I get one, they don't have to have one?"
Ms. Dacy stated when starting out, the providers will tell you it
isn't governments role to determine coverage. The Commissions
role is to address land use. All the questions you are asking
such as what about the other sites. As best we know it, we need
to provide a good size number of sites. You are on the right
track. Council has to evaluate each application. Council may
disagree with some of these sites and we would have to designate
others.
Mr. Oquist asked, "Have the private sites been notified that they
are on this list?"
Ms. Dacy stated no, we need to notify them prior to the public
^ hearing.
Councilwoman Savage requested direction from staff for tonight's
LANNING CO1�IlyiISSION MELTING OCTOBER 15 1997 PAGL 30
action.
Ms. Dacy stated the role of the Planning Commission is to make a
motion to approve the draft received this evening subject to
changes they may feel are appropriate. It will go to Council and
subsequent drafts will be acted on. A public hearing process
will be initiated and will come back to the Planning Commission
in 3 months regarding the privately-owned sites.
Mr. Sielaff asked will there be something going on that could
change the way we look at this in the near future.
Ms. Dacy stated the industry is changing very quickly.
Technology is constantly changing.
Mr. Oquist asked about being somewhat unique in determining the
sites. No one else is trying to do that?
Mr. Mendoza stated as far as he knows, those communities he has
worked with particularly because of the timing, and numerous
requests, other communities are reacting rather than taking this
type of approach.
Mr. Sielaff asked,
laws change?"
"Is the FCC a rulemaking body and will the
Mr. Mendoza stated they issued several rules. Most importantly,
the preemption of satellite antennas. This is an evolving area
of the law and technology. Before the law catches up, the
technology will have changed.
Mr. Beck, of ATT Wireless Services explained ATT's reactions to
the ordinances and explained the needs of ATT. Mr. Milke
determines sites for ATT. The ordinance is innovative and caused
ATT some concern but it is workable. The needs relate to the
technology. A system of a series of cell sites are necessary to
cover the capacity so everyone can utilize the technology. Each
cell site can handle a certain number of calls. The system was
turned on with 9 cell sites. Now we are at over 100 cell sites.
As the system matures we need more cell sites but at lower
locations. The location of each additional cite becomes less
flexible. The site is determined by�capacity. A search area
will be identified. The search area will be very small. We will
need sites that don't fall within the 14 sites. You have added
additional sites and the opportunity to go out to the private
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PLANNING CONa+lISSION MEETING OCTOBSR 15 1997 PAG$ 31
� sector, those are good moves. Our goal is also to serve a broad
sector of Fridley with the least amount of impact. We also serve
as a back up to the public safety issues.
Mr. Sielaff asked so you agree with the locations but need more?
Mr. Beck stated, we don't know about the private property
owners. For one or more provider, undoubtedly there will be a
need outside the designated site. We would also ask you to
consider, in virtually all communities we have been encouraged to
locate on existing structures. We can mount these on locations
with minimal visual impact.
Ms. Modig asked, how about impact? Will this interfere with
anything I have in my home?
Mr. Beck stated, this is only a visual impact. It has virtually
no interference with consumer electronics, and there are no
health impacts. It is a visible, line to site technology.
Mr. Kondrick stated, instead of more sites, why not have 2 or 3
,''"1 poles on each site. Why the additional sites?
Mr. Beck stated, hopefully we will have one pole with multiple
users. We need a 25 feet vertical separation so the more height
you allow us the better. The issue is the location of the sites,
as the system matures we have a very little area where we need an
additional site.
Mr. Kondrick stated so we have two issues, coverage and capacity.
The number of sites is adequate, then the capacity needs to be
addressed.
Mr. Beck stated, the issue is we won't need 14 sites in Fridley
as one carrier. There won't be more than 14 for a long time.
The issue is location. We are looking for flexibility to put an
antennae where we need it.
Chairwoman Savage asked are you addressing this right now?
Mr. Beck replied, yes. We request the Commission consider
allowing as a permitted use, a building mount. To encourage us
� to go on existing building and not build the poles. To avoid
paying for the pole, would be great for ATT.
PLANNING CONIlKISSION MEETING OCTOBER 15 1997 PAG$ 32
Mr. Sielaff asked, would providers have poles in other locations? �"�
Mr. Beck stated yes. It is good to have enough height on a pole
to co-locate. It is a numbers game, we are co-locating more than
we have in the past. We have worked with 50 different
communities concerning these issue. One is to reduce the number
of poles and put them on buildings. You have a good start here.
By telling us we want you to go to one of those 14 sites, that is
great, if you want less poles, then put us on buildings. But if
it doesn't meet our needs, we wont go there.
Ms. Modig asked, is there anything in this document about the
buildings?
Ms. Dacy responded, no. We have identified 14 sites. Some
buildings such as the All Temp building on I-694 was selected
because of the location. At this point we are not recommending
the Commission amend the ordinance but to pass the ordinance
before you. If you would like to discuss the height issue we can
do that with Mr. Dolter.
Mr. Beck stated, you won't see any new law coming out of what the �
City can or can't do in this right now. However there is a lot
of pressure from the industry so where we are is where we will
be.
Anthony Segal, Engineer and Regional Operations Manager for US
West displayed a typical water tower with antennae. Other cities
permit mounting antennae on an existing structure. From a
building perspective, US West would prefer to mount on a building
rather than construct a new tower. The antennae can be painted
the color of the building to blend into the structure. When
buildings are wider instead of tall, the antennae is mounted on
top of the building. Screening can be placed to hide the
antennae. An example of an antennae located on a light pole was
also displayed. Antennae can also be located on top of a
transmission facility. Unless pointed out you will not see it.
Mr. Kuechle stated Fridley doesn't have very tall buildings. How
high do you want to get them up?
Mr. Segal stated we have buildings as short at 40 - 50 feet. We
would like to see encouragement from the Commission to use these �...�
facilities.
PLANNI_NG COI�KISSION MEETING OCTOBER 15 1997 PAG� 33
� Ann Hagan, a resident of 551 Rice Creek Boulevard NE addressed
the Commission with her concerns. Ms. Hagan expressed concerns
related to her comfort level on the tower from an environment
health point of view. We are more acutely sensitive as human
beings . Is that 50 to 100 watts per tower? The latest
environmental consultants when evaluating school locations looked
at the measurements of power in determining school locations.
Environmental consultants determine recommendations on radon,
prior land usage, method of building and concern of
electromagnetic field. They look for 60 hz power use, and
electrical equipment. There is a relationahip between
electromagnetic field and childhood leukemia's. In Stillwater,
in determining the site of their new school, they determined all
the amount of power use. Minnetonka also hired the same
consultant to make these determinations prior to building. Newer
books published since 1996 have chapters on electromagnetic's.
Ms. Hagan wants to make sure we are covering ourselves and
considering all the issues.
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Mr. Hickok stated, David Dolter can speak to any technical
questions the Commission may have.
David Dolter stated, the City's review of sites ensures that the
towers are built in a way that they will minimize the aesthetic
affect. That is why we don't recommend using building mounted
antennas. The industry cannot tell you when they need to fill
in the blanks between the sites. As the number of calls
increase, they will need to fill in the blanks but we don't know
when. We want to minimize the clutter and be proactive.
Mr. Kuechle stated Mr. Dolter's statement seems to conflict with
what the industry is looking for. Why don't we want them to use
transmission towers?
Mr. Dolter responded that he is not opposed to them using
transmission towers but they should be determined by the City.
These sites were determined to minimize the clutter. If they
want to locate on a high voltage tower, that is fine. But if
they want to be on a building, they should meet your community
standards.
Ms. Modig asked if we take this on the special use permit track,
� is there a way to minimize the amount of time to process the
application and our need to make sure the impact is acceptable
PLANNING CONIlKISSION MEETING OCTOBER 15, 1997 PAGE 34
Mr. Hickok stated the Agency Action Law requires us to react in a �
timely basis. No, there is not a way to shorten the time to
process the application.
MOTION by Chairwoman Savage, seconded by Mr. Kuechle, to close
the public hearing.
UPON A VOICg VOTE, ALL VOTING AY�, CHAIRP�RSON SAVAGB D$CLARED
TH� MOTION CARRI�D AND THE PUBLIC HEARING CLOSED AT 11:55 P.M.
MOTION by Mr. Kondrick, seconded by Ms. Modig to receive comments
from Mr. David Voss as presented by Ms. Hagan.
UPON A VOIC� VOT�, ALL VOTING AYE, CHAIRPERSON SAVAGE DSCLARSD
TH� MOTION CARRI�D.
Chairwoman Savage stated the comments have been useful and is in
favor of recommending approval of the ordinance to amend the
zoning ordinance and staff has done a great job.
Ms. Modig concurs and likes the fact that the City is dealing
with this in a proactive way. �
MOTION by Mr. Kondrick motion to concur with staff on ZTA 97-03
the amended version of the Zoning Ordinance to allow wireless
communication facilities as presented in the draft this evening
dated October 15, 1997. Seconded by Mr. Oquist.
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRP�RSON SAVAG� D�CLARED
TH� MOTION CARRIED.
Ms. Dacy stated the next hearing is scheduled for October 27,
1997 before the City Council.
7. RECEIVE THE MINUTES OF THE HOUSING & REDEVELOPMENT AUTHORITY
�IEETING OF AUGUST 14. 1997
MOTION by Ms. Modig, seconded by Mr. Kuechle, to receive the
minutes of the Appeals Commission meeting of August 14, 1997.
8. RECEIVE THE MINUTES OF THE PARKS & RECREATION COMMISSION
MEETING OF SEPTEMER 8. 1997.
�
MOTION by Mr. Kondrick, seconded by Mr. Oquist, to receive the
minutes of the Parks & Recreation Commission meeting of September
PI�AN�JING COI�KISSION ME$TING OCTOB$R 15. 1997 PAGE 35
�� 8, 1997.
9. RECEIVE THE MINUTES OF THE ENVIRONMENTAL OUALITY & ENERGY
CCIMMTGfiTC�N MFFTTNC; nF SFPTFMBER 16. 1997
Mr. Sielaff stated the minutes have not been approved by the
Environmental Quality & Energy Commission and should not be
received.
10. RECEIVE THE MINUTES OF THE APPEALS COMMISSION MEETING OF
SEPTEMBER 24. 1997.
TI by Mr. Kuechle, seconded by Mr. Kondrick, to receive the
minutes of the Appeals Commission meeting of September 24, 1997.
• � � �• ,,1�
MOTION by Mr. Kondrick, seconded by Mr. Oquist to adjourn the
meeting.
IIPON A VOICE VOTL, ALL VOTING AYE, CHAIRPERSON SAVAGE DlsCLARED
^ TH8 MOTION CARRIED �iND THE OCTOBisR 15, 1997, PLANNING CONIl�lISSION
MELTING ADJOURNED AT 12:05 P.M.
Respectfully submitted,
���.� K��-��� 1 �c�
Debbie Kidder
Secretary to the Planning Commission
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S I G N— IN S H E E T
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PLANNING CoMMIBSIpN.MEETING, � Wednesday, October 15, 1997
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S I G N— IN S H E E T . ,
� PLANNING COMMISSION.MEETING, � Wednesday, October 15, 1997
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CITY OF FRIDLEY PROJECT SUMMARY
DESCRIPTION OF REQUEST:
The petitioner, University Billiards, is proposing a 2,778 square foot expansion of its operation at 7178
University Avenue into an adjacent vacant space within the Rice Creek Business Center. The
proposed expansion will allow the addition of up to 6 pool tables, a new dining area, an expansion of
the pro shop, and bathrooms. The total dimensions of the addition are 11,370 square feet.
SUMMARY OF ISSUES:
Section 205.17.01.C.(4) of the City Code allows the issuance of a special use permit for a commercial
recreation use within an industrial building.
The petitioner attempted to expand to 13,792 square feet in 1993-94. The petitioner withdrew the
request due to the Police Department's concems regarding the level of crime at the site. There was
also inadequate parking available, one of the five conditions which must be met.
Since 1994, the petitioner has worked with the Police Department to reduce the crime incidences. The
request is also for less than in 1994. The request now meets the five conditions in Section
205.17.01.C.(4). The stipulations regarding management of the facility have been camed forward from
previous approvals.
I STAFF RECOMMENDATION TO THE APPEALS COMMISSION:
The request meets the conditions established in Section 205.17.01.C.(4). Staff recommends that the
Planning Commission recommend approval of special use permit request, SP #97-09, to expand the
commercial recreation facility, with the following stipulations:
1. No juveniles shall be allowed in the University Billiards facility without thei� parents beyond the
curFew time for their age group.
2 The petitioner shall provide adequate adult staff time at all times with at least two adults on
staff from 6:00 p.m. to closing on Fridays and Saturdays.
3 The petitioner shall patrol the parking lot and manage its misuse.
4. No alcoholic beverages shall be served or allowed on the premises.
5. The development owner shall notify the City of future additions/expansions of vacant building
space and shall accept limitations on occupancy of remaining vacant space should parking
sho�tages result. The development owner shall agree in writing to accept this stipulation prior
to the approval of the special use permit by the City Council.
Project Summary
SP #97-09, University Billiards
Page 2 ^
Petition For:
Location of
Property:
PROJECT DETAILS
A special use permit to allow the expansion of a commercial
recreation facility in the M-1, Light Industrial district
7178 University Avenue
Legal Description
of Properly: Lots 4-6, Block 1, Paco Industrial Park
Size:
Topography:
Existing
Vegetation:
Existing
Zoning/Platting:
Availability
of Municipal
Utilities:
Vehicular
Access:
Ped�strian
Access:
Engineering
Issues:
4.1 acres; 178,558.38 square feet
Flat
Typical suburban; sod, trees, shrubs in landscape beds
M-1, Light Industrial; Paco Industrial Park, 1979
Connected
Commerce Circle East
West University Avenue Bikeway
None
Comprehensive The Zoning and Comprehensive Plans are consistent in this
Planning Issues: location.
Public Hearing
Comments: To be taken
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Project Summary
SP #97-09, University Billiards
Page 3
WEST:
SOUTH:
EAS :
ADJACENT SITES:
Zoning: M-1, Light Industrial
Zoning: P, Public
Zoning: M-2, Heavy Industrial
Land Use: Multi-tenant industrial
Land Use: Community Park
Land Use: Industrial
NORTH: Zoning: C-2, General Business Land Use: Health Club
Site Planning Issues:
REQUEST:
The petitioner, University Billiards, is proposing a 2,778 square foot expansion of its
operation at 7178 University Avenue into an adjacent vacant tenant space within the
Rice Creek Business Center. The proposed expansion will allow the addition of up to 6
pool tables, a new dining area, an expansion of the pro shop, and bathrooms. The total
dimensions of the addition are 11,370 square feet.
SITE DESCRIPTION/HISTORY:
Located on the parcel is a single story, masonry, multi-tenant building. The properly is
zoned M-1, Light Industrial. There is additional industrial zoning to the east and west.
Zoning to the north is C-2, General Business. Zoning to the south is P, Public facility.
University Billiards is defined as a commercial recreation use and, therefore, is reuqired
to obtain a special use permit in the M-1, Light Industrial district. In February 1988, the
City issued the first special use permit to allow the establishment of University Billiards.
At that time, the facility was 5,186 square feet. In July 1988, the City Council reviewed
this special use permit for compliance with the original 11 stipulations. At that time, the
City Council chose to remove four of the stipulations, including the limit on hours of
operation.
In 1989, the petitioner filed a second special use permit to allow a 3,400 square foot
expansion into an adjacent tenant space, bringing the total floor area to 8,592 square
feet. This request was approved with six stipulations.
A 1993 request to expand the facility to 13,792 square feet was withdrawn due to police
concems.
^ ANALYSIS:
�_; ,
Project Summary
SP #97-09, University Billiards
Page 4
,�
Section 205.17.01.C.(4) allows the issuance of a special use permit for commercial
recreation uses subject to the following conditions:
1. The parking supply shall be in compliance with the requirements of Section
205.17.05 of the City Code and be sufficient to support full occupancy of the
building.
2. Only wall-mounted signs subject to the limitations of Section 214 of the City Code
shall be permitted.
3. The proposed use shall only be permitted when it can be demonstrated that the
operation will not generate levels of traffic which reduce the existing level of service
as defined by the Institute of Traffic Engineers on streets at intersections.
4. The proposed use in the opinion of the City Council would be compatible with the
area in which it is proposed to be located.
5. The building owner and/or agent shall be responsible for informing any prospective
tenant that the property is zoned for industrial use.
In addition, the section allows the maximum gross floor area for both tenant size and �
percent of total building to be considered on an individual tenant-specific basis.
The petitioner has previously demonstrated that items 2, 3, and 5 can be met by the
use. The City Council's granting of the previous requests has demonstrated that the
City Council agrees that the use is compatible with the area it is located.
In previous requests, the parking requirements were of most concem regarding the
expansion. Adequate parking is again a concern for the present request since a large
tenant has vacated the building since the 1994 request. The proposed expansion will
increase the area occupied by University Billiards to 11,370 square feet or 19% of the
building. They will require 63 spaces after the expansion. Based on the tenant usage
supplied by United Properties, 110 spaces are currently required by all tenants within
the building. A total of 120 spaces would be used if the request is approved. The
spaces are dedicated for the carpet design tenant customer parking prior to 8:00 p.m.
at night.
One hundred and sixty-three (163) parking spaces are provided on-site. There is
11,000 square feet available of vacant, leaseable space. If staff uses the speculative
parking ratio of one space per 500 square feet, 22 spaces would be required for the
remaining vacant space. There are, however, 33 parking spaces available, providing
the owner more leasing flexibility than in the 1994 request. If the request is approved, �
the owner should acknowledge the possible leasing limitations due to lack of parking A
��
Project Summary
SP #97-09, University Billiards
� Page 5
parking agreement currently exists which permits Bally's Swim & Fitness patrons to use
the northem parking stalls of the Rice Creek Business Center during off-peak hours
which increases the parking demand at the center.
POLICE DEPARTMENT CONCERNS:
In 1994, the Police Department expressed strong concerris with the proposed
expansion. Their concems included the number of crimes occumng at the site, the
amount of juveniles present after curfew hours, and the presence of drugs and alcohol
in the parking lot. Since 1994, the management of University Billiards has worked with
the Police Department to eliminate these concems. The Police Department has
submitted a memo indicating that they have no concems with this request.
The current hours of operation are from 11:00 a.m. to 6:00 a.m., Sunday through
Saturday, or, in some instances, a 8:00 a.m. closing time typically occurs on Fridays
and Saturdays.
Staff suggests that the stipulations from past requests regarding management be
retained for this request.
^ STAFF RECOMMENDATION TO THE PLANNING COMMISSION:
The request meets the conditions established in Section 205.17.01.C.(4). Staff
recommends that the Planning Commission recommend approval of special use permit
request, SP #97-09, to expand the commercial recreation facility, with the following
stipulations:
1. No juveniles shall be allowed in the University Billiards facility without their parents
after 9:30 p.m.
2. The petitioner shall provide adequate adult staff at all times with at least finro adults
on staff from 6:00 p.m. to closing on Fridays and Saturdays.
3. The petitioner shall patrol the parking lot and manage its misuse.
4. No alcoholic beverages shall be served or allowed on the premises.
5. The development owner shall notify the City of future additions/expansions of vacant
building space and shall accept limitations on occupancy of remaining vacant space
should parking shortages result. The development owner shall agree in writing to
accept this stipulation prior to the approval of the special use permit by the City
�` Council.
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Fridley Police Department
Memorandum
To: Michelie McPherson
From: Dave Sallman `� �
Date: October 22, 1997
Re: University Billiards
In response to your request for information ori University Billiazds, the police department
does not object to the proposed expansion. I have reviewed the reported crime in the azea.
immediately surrounding University Billiards and there does not appear to be any trend
that would indicate a problem at that location. In 1997 there ha.ve been a total of 39
police ca.11s for service to the location with most being in the service category as opposed
to crime. There has been one incident which resulted in four persons being assaulted
which is not unusual for this type of establishment. The police officers ha.ve inforrned me
that management has been fairly cooperative in dealing with issues such as curfew,
juvenile drinking, etc.
In summary the management of the University Billiards appears to have responded well to
the concerns which were raised in the past concerning the conduct on and around the
premises. We have no concem over their expansion at this time. Let me know if you have
further questions regarding this issue.
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SP 97-09, University Billiards
A requ�st by Greg Asproth,
o�nmer, to add an additional
2800 square feet to the
ewsting billiard spaoe.
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SP #97-09
University Billiards, Inc.
University Billiards
Greg Asproth
7178 University Avenue NE
Fridley, MN 55432
FCA Ltd.
or Current Resident
7200 University Avenue NE
Fridley, MN 55432
Donald K. Smith
or Current Resident
250 Commerce Circle NE
Fridley, MN 55432
Mailing List
United Properties/Fridley
Business Center Partnership
3500 West 80�' Street
Minneapolis, MN 55431
Larsen-Doran Partnership
or Current Resident
7201 University Avenue NE
Fridley, MN 55432
Donald/Nancy Dibos
or Current Resident
230 Commerce Circle NE
Fridley, MN 55432
Mailed: 10/17/97
A & L Management
or Current Resident
7260 University Avenue NE
Fridley, MN 55432
Fridley Business Plaza
or Current Resident
7151 Commerce Circle NE
Fridley, MN 55432
MN Commercial Railway.
John Gohman
14047 Petronella Drive, #201
Libertyville, IL 60048
�
�
Trustee Group Realty Trustee Group Rea�ty Partners Steiner Development
or Current Resident 3610 South Highway 101 or Current Resident
251-271 Commerce Circle South Wayzata, MN 55391 7151 Commerce Circle NE
Fridley, MN 55432 Fridley, MN 55432
�
Steiner Development Soo Lind Tri-State Land Steiner Development
3610 South Highway 101 John Nail Fred Richter
Wayzata, MN 55391 105 South 5th Street, #1380 7280 Commerce Circle East
Minneapolis, MN 55440 Fridley, MN 55432
�
crnr oF FRio��r
� 6431 UNIVERSITY AVENUE
FRIDLEY, MN 55432
(612j 571-3450
COMMUNITY DEVELOPMENT DEPARTMENT
SPECIAL USE PERMIT APPLICATION FOR:
Residential Second Accessory � Others
PROPERTY INFORMATI N: - site pla requ' ed for submittal, see attached
Address: � r� �
�
Property Identification Number. .�
Legal Description: Lot Block Tract/Addition
_
Current Zoning: � Square footage/acreage:
Reason for Special Use: _ �xn�,�; ,�q (�a� vr'Pv� �►�� n o_
Have ou operated a business in a city which required business license?
Yes � No If Yes, whi ,city? �i � �
If Yes, what type of business? � ��
Was that license ever denied or revoked? Yes No
�
� �
FEE OWNER INFORMATION (as it appears on the property title)
NCo�nEac� ur�i�s rs: Fe owners m t sign this form rior t processin �
l� � n��s/��
ADDRESS: , S T
DAYTIME PHONE: S��p -- g?3� SIGNATURE/DATE:
����� �
�
PETITIONER INFORMATiON I
NAME: rV Y ' � � 1 I �t s . � . �ti, - �
ADDRESS: h � V '
DAYTIME PHONE: S7 �—),� q_ SIGNATURE/DATE:%:L_.,� tc� �-�,
Section of City Code:
FEES
Fee: $100.00 Residential Second Accessory $400.00 %� Others
Application Number: 4'j-09 Receipt #: �_ Received By:
Scheduled Planning Commission Date:
Scheduled City Council Date: '' ? �Z �� � f=,�� 5� J���
10 Day Application Complete Notification� Date:
60 Day Date:
iir T-L�:'_1'�+'? r 1�� �� LF�N��MaRk: FARTh�ER�
e�r�r o� F,�oi�r �
s�s1 ui�ri��s�nr;qv�uE
�R141�Y� l�N �,�
(S12) 57i-34$p
Ct3AR]SilU�tlTY ��tp1'iI��NT �i�P'ARiMEN�
SP��1AL USE p�R�fT AP�'Ll�AT(�N �t�a;
� �esidentia� Second Acces�ory ,�, p��
� A N: - site plan requ fvr se�mittai, see aittachec#
Address: � �.'s` . �;
Property Identificaiior� N�ber �
�eg�l Desctiption: t�ot ^� 81ock TraWAddition
Current Zoning: �.� � ----•• -.
., SGuare foo�agelacreage.
Reason for Speci�l Use: �Yr.,,, „ + �,., „ , . , . �_
Have ov qperated a business in � city which requir� business iic�r�se?
Yes � No ' !f Yes, wh" d? �
tf Yes, what type ot b,,�ine�s fi �}�
Was tlza# �icense ever denied or revc�iced? Yes � No
����
�E� pWivE�' i�F�f�q,� {ss it a ears
�� g--r��� pp ar� the �xaperty title)
NAME: y� [)n�.������ mc�st s'�nn ihis,�orm�rior tQ Rrocessin�) � .
�
NAME: � Y � .
ADDRESS: y�
DAYF'IME P'Mt�N�: �5 � �,
�■o
s'•�"'�7'r vA�Fi�
.�,�+, � ,,,,..� , e ,
1 �/1 �., �t .t�
SIGNATURE/i?AiE:
�
' Sactian of City Ca�fe: - - -T.� �".".'.�.�,'�..`"'�.,"".",�~~,�,.�..-
'�EE�
F�e: $700.U0 �, Residerrtial Sec�r�d accesso
ApPt�c.�tion �itar►lber. �-� a�+� #. �Y $400.pp � pthers
Scheduied Ptannittg CQmrnissiort bate: """ R��ved By� ���
��ut�d G+tY Cour�cii Oate;
1Q i3ay ppP��caticn Camplete Na�ificatioa 4$te:
80 Day Dafc;
F' . G���
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� CITY OF FRIDLEY PUBLIC HEARING NOTICE
BEFORE THE PLANNING COMMISSION
.�
TO: Ali property owners/residents within 350 feet of property
generally located at 7178 University Avenue N.E.
CASE NUMBER: Special Use Permit, SP #97-09
APPLICANT: Greg Asproth of University Billiards, Inc.
PURPOSE: To allow the expansion of a commercial recreation facility in an
industrially-zoned district.
LOCATION OF 7178 University Avenue N.E.
PROPERTYAND Lots 4, 5, and 6, Block 1, Paco Industrial Park, except the
LEGAL North 35 feet of said Lot 4.
DESCR►PTION:
DATE AND TIME OF Planning Commission Meeting:
HEAR/NG: Wednesday, November 5,1997 at 7:30 p.m.
The Planning Commission Meetings are televised live the night
of the meeting on Channel 35.
PLACE OF Fridley Municipal Center, City Council Chambers
HEARIIVG: 6431 University Avenue N.E., Fridley, MN
HOW TO 1. You may attend hearings and testify.
PARTICIPATE: 2. You may send a letter before the hearing to Scott Hickok,
Planning Coordinator or Michele McPherson, Planning
Assistant, at 6431 University Avenue N.E., Fridley, MN 55432
or FAX at 571-1287. �
SPECIAL Hearing impaired persons planning to attend who need an
ACCOMODATIONS: interpreter or other persons with disabilities who require
auxiliary aids should contact Roberta Collins at 572-3500
no later than October 29, 1997.
ANY QUESTIONS: Contact either Scott Hickok, Planning Coordinator at 572-3599
or Michele McPherson, Planning Assistant at 572-3593.
Publish: October 23, 1997
!� � October 30, 1997
..
CITY OF FRIDLEY
PLANNING COMMI38ION MEETING, JANIIARY 12, 1994 �
--------------..________--------______.._______..__ -----
CALL TO ORDER:
Vice-Chairperson Kondrick called the January 1, 1994, Planning
Commission meeting to order at 7:30 p.m.
ROLL CALL:
Members Present: Dave Kondrick, De Saba, Diane Savage,
Brad Sielaff, oy Oquist
Members Absent: Dave Newman�Connie Modig
Others Present: Barbara acy, Community Development Director
Miche McPherson, Planning Assistant
Dav Sallman, Director of Public Safety
G g Asproth, University Billiards
y Wilson, University Billiards �
Sarah Gardner, 3300 Edinborough Way, Edina
Julie Brunner, 7235 East River Road
n
/ ^
by Mr.eOquist, seconded by Ms. Savage, to approve the �
� 22, 1993, Planning Commission minutes as written.
iYPON A VOICE VOTE, ALL VOTING AYE, VICE-CHAIRPERSON KONDRICR
DECLARED THE MOTION CARRIED IINANIMOIISLY.
1. (Tabled) CONSIDERATION OF A SPECIAL USE PERMIT SP #93-17
BY UNIVERSITY AVENUE BILLIARDS INC.
Per Section 205.17.O1.C.(4) of the Fridley City Code, to allow
an expansion of a commercial recreation use on Lots 4, 5, and
6, Block 1, Paco Industrial Park, except the North 35 feet of
said Lot 4, generally located at 7178 University Avenue N.E.
MOTION by Mr. Oquist, seconded by Ms. Savage, to remove SP #93-17
from the table and to continue the public hearing.
UPON A VOICE VOTE, ALL VOTING AYE� VICE-C$AIRPERSON RONDRICR
DECLARED THE MOTION CARRIED IINANIMOUSLY.
Ms. McPherson stated the Planning Commission reviewed this special
use permit request at the December 22, 1993, meeting. The
petitioner is proposing to add an approximately 6,000 square foot
expansion onto the existing University Billiards space located at
7178 University Avenue N.E., which will bring the total square
footage of the commercial recreation use to 13,792 square feet.
The addition would allow the petitioner to add 16 pool tables, five �
,
^
PLANNING COMMI33ION MEETING JANUARY 12 1994 PAGE 2
�"�
arcade games, two dart games, an expansion to the existing kitchen,
and the addition of a pro shop.
Ms. McPherson stated that at the December 22, 1993, meeting, staff
recommended that the Planning Commission recommend denial of this
request due to the lack of adequate parking provided on the site.
Ms. McPherson stated that at the request of the petitioner and the
building owner, staff has re-evaluated the parking requirements.
The original number of spaces was calculated based on 10 foot wide
stalls which is the size required in commercial districts.
However, an ordinance change in the last three years permits nine
foot stalls on properties which are zoned industrial. In
recalculating the number of spaces using nine foot stalls, there
are.179 spaces available on site which are more than adequate to
handle both the proposed expansion by University Billiards and the
reoccupancy of the last remaining 6,000 square feet of leasable
space. However, because of the winter conditions and the amount
of snow, staff was unable to verify if the parking lot is currently
striped at nine feet.
Ms. McPherson stated staff has added stipulation number 8 which
states: "As weather permits, the petitioner shall verify the
parking stall width and restripe the parking lot if necessary.
�'1 Ms. McPherson stated staff is still recoatmending the seven
stipulations as presented at the December 22 meeting. The
stipulations are as follows:
1. The hours of operation shall be limited from 8:00 a.m.
to 1:00 a.m.
2. No juveniles shall be allowed in the University Billiards
without their parents after 9:30 p.m.
3. The petitioner shall provide adequate adult staff at all
times with at least two adults on staff from 6:00 p.m.
to closing on Fridays and Saturdays.
4. The petitioners shall patrol parking lot and manage its
misuse.
5. No alcoholic beverages shall be served or allowed on the
premises.
� 6. The development owner shall notify the City of future
additions/expansions of vacant building space and shall
accept limitations on occupancy of remaining vacant space
should parking shortages result. The development owner
shall agree in writing to accept this stipulation prior
,.-� to the approval of the special use permit by the City
Council.
�
PLANNING COMMISSION MEETING JANIIARy 12 1994 PAGE 3
7. The special use permit shall be reviewed by the City �
Council one year from the date of approval or sooner if
the City determines there is a management problem which
requires further restrictions or removal.
8. As weather permits, the petitioner shall verify the
parking stall width and restripe the parking lot if
necessary.
Ms. McPherson stated that at the December 22 meeting, the
Commission spent a lot of time discussing the testimony provided
by the Police Department. Public Safety Director Dave Sallman is
at the mee�ing to restate the department's concerns regarding this
request and to answer any questions the Commission may have.
Director Sallman stated he would. like to state the Police
Department's position on this special use permit request. When a
situation affects the public safety and crime prevention of the
City, they feel obligated to state that opinion. In this
particular case, the strip mall in which University Billiards is
located, along with U.S. Swim & Fitness, had twice as many crimes
committed over the past year than the strip mall at East Moore Lake
Commons.
Director Sallman stated they selected East Moore Lake Commons
because it is the closest in the City with a health club to make �
a comparison. When they met with the owners of University
Billiards, the Police Department offered to use any strip mall they
wished the Police Department�to use for crime comparisons.
Director Sallman stated they are not saying that the owners of
University Billiards run a bad business or do not do a good job.
Calling the police on some of these issues shows that the owners
have shown some responsibility to deal with the issues that occur
within their building. The point he is trying to make is that
other businesses do not have to do that. The Police Department has
received complaints from other business owners saying that the
Police Department is not doing its job because of the damages that
occur to vehicles parked outside their businesses in this strip
mall.
Director Sallman stated the question could be asked: Should
University Billiards be held responsible for the conduct of what
occurs around them? That is a decision the Commission will have
to make. In the Police Department's opinion, if it was not for
University Billiards being at that location and being opan almost
24 hours per day, this would not be an issue.
Director Sallman stated that regarding juveniles, there is a
requirement that juveniles be off the street at 9:30 p.m. The
owners of University Billiards allow juveniles of a certain age to
stay until 10:00 p.m, and another age to stay until 12:00 p.m. ^
�_
�
pLANNING COMMIS3ION MEETING JANIIARY 12 1994 PAGE 4
Director Sallman stated that even though the business does not have
a liquor license and drinking is not allowed, it might as well have
a liquor license because there is drinking in the parking lots.
The only alcohol offenses that the Police Department can enforce
on private property are DUI's or under age drinking.
Director Sallman stated that even if all juveniles (under age 18)
are asked to leave University Billiards by midnight, there are a
number of juveniles, aged 18-21, who 'have still been drinking.
That is not the concern of the owners, but it is against the law.
Ms. Savage stated that stipulation #1 states that the hours of
operation would be limited from 8:00 a.m. to 1:00 a.m., and
stipulation #2 states that no juveniles shall be allowed in
University Billiards without their parents after 9:30 p.m. Did
Director Sallman believe these two stipulations would help?
Director Sallman stated that if the Commission recommends approval
of this special use permit, the Police Department would like those
restrictions added. Juveniles are responsible for some of the
problems going on at this location.
Mr. Sielaff asked when is the most frequent calls for service.
� Director Sallman stated about 39% of the calls for service occur
after 1:00 a.m. A lot of people do not know.when the actual crime
is committed and report the crimes when they are discovered. The
calls for service include lockouts, medicals, etc.
Mr. Oquist stated that at the last Planning Commission meeting,
there was also some discussion about U.S. Swim & Fitness being open
24 hours a day. It wasn't clear to him whether some of the crime
issues were related to the billiards business or to the health
club.
Director Sallman stated it is the Police Department's opinion that
the crime is rel.ated to the billiards business. As stated earlier,
39 0 of the calls for service to the billiards operation occur after
1:00 a.m. In comparison, 15% of the calls for service to the
health club occur after 1:00 a.m. The health club is not a
comparable business, and there is a much smaller number of people
at the health club between 1:00 - 8:00 a.m.
Mr. Saba asked if a police officer ever goes into University
Billiards.
Director Sallman stated police officers do walk through University
Billiards as time permits.
Mr. Kondrick stated that at the last Planning Commission meeting,
�'°� the Commission members had brought up the fact that more lighting
might be a deterrent to crime in the parking lot. Did Director
Sallman think that more lighting would be a deterrent and would
prevent some of the crime that is happening to adjacent businesses?
PLANNIN(3 COMMISSION MEETING JANIIARY 12 1994 PAGE 5
Director Sallman stated it is reasonable to assume that more
lighting would cut down some of the crime activity.
Mr. Kondrick asked if the Police Department believed it is
important for University Billiards to close at 1:00 a.m.
Director Sallman stated that the bars must close at 1:00 a.m. He
does not see much difference between a bar and University
Billiards, with the exception that minors can be at University
Billiards because they do not have a liquor license. The City has
control over establishments with liquor licenses when there are
reports of underage drinking, etc., and they do not have that
control with University Billiards. That is the Police Department's
reason for the 1:00 a.m. closing time. He believed a lot of
University Billiards' business after 1:00 a.m. is post bar rush.
Mr. Greg Asproth, co-owner of Univ.ersity Billiards, stated there
are a lot of things that Director Sallman said that he does not
agree with, and there are some things that he does agree with. He
did agree that if their business was not there, there would be less
cr.ime in this area. Making them look like theg have all underage
drinkers and things going on almost on a regular condoned basis is
very far from the truth. He stated they fight tooth and nail to
run the cleanest establishment they can. It is nearly impossible
for the owners of this kind of business to control everything that
goes on in the parking lot. Over the last two year period, they
have had over 300,000 customers. The percentage of crime compared
to those 300,000 people is relatively low.
Mr. Asproth stated that he and his partner, Ty Wilson, do not like
to see juveniles drinking. They patrol the parking lot regularly,
and all employees are instructed to ask juveniles to leave
immediately if they are drinking, or they call the Police
Department which they have been encouraged to do. If they are
limited to the 1:00 a.m. closing time, it won't stop the teenage
drinking. The teenagers will just go somewhere else to drink. It
will just change the crime rates to other places and maybe these
other places will not do as good a job as they do to control the
problems.
Mr. Asproth stated that when University Billiards expanded their
business before, they did have stipulations which they followed.
They have made a point to watch the parking lot tighter and
tighter, because they agree that is where the biggest problem is.
Mr. Asproth stated their business is a good, healthy business. A
lot of the 150,000 customers per year are from Fridley. There are
people who work nights who come in and play, and those people would
not be able to play if the City puts on these limitations.
,�
�
,�
Mr. As roth stated the � �
P parking lot is full every night. They don t _
feel they can handle very many more cars than what they already
have, but they need more room in the building for more tables.
�
pLANNING COMMIS3ION MEETING JANIIARY 12 1994 PAGE 6
�
Their goal with the expansion is to better serve the customers they
have now. They have a waiting list almost any night of the week.
Customers wait 2-3 hours to get a table. If they are required to
close at 1:00 a.m., many of their customers would not be able to
play and their competing businesses would thrive. Right now,
University Billiards is the biggest and the best at what they do.
Ms. Savage stated she could not recommend approval of the special
use permit if the petitioners are not in agreement with the
stipulations recommended by staff.
Mr. Asproth stated they want to follow every law and rule to make
their business successful, but they cannot afford to expand if they
are required to abide by some of these stipulations. Every other
billiard room in the Twin Cities area is open at a minimum until
4:00 a.m.; the maximum is all night. There are 8-10 billiard rooms
in the Twin Cities area.
Mr. Saba asked if the petitioners have done any studies about added
security.
Mr. Asproth stated they have the option to put in more lighting.
They could also do more security, especially on weekends. He
called their leasing company about getting estimates on lighting.
The leasing company wanted to know how many lights and how many
� candle watts per light. He stated it is difficult to know what
they want and what the City would require. However, they would be
happy to add more lighting.
Mr. Saba asked if the petitioners allow drinking in the parking
lot.
Mr. Asproth stated they do not tolerate any drinking. When they
see someone drinking, that person is kicked out permanently. They
have a long list of people who have been asked not to come back.
Mr. Kondrick stated he believed that lighting is part of the answer
to the crime problem at this location. They have to either find
some way to prevent so many police calls to this location, or they
are going to have to enforce a closing of 1:00 a.m.
Mr. Asproth stated that if the City wants to stop all crime, then
all the bars should be closed and no liquor licenses issued. He
stated that it sounds like the Police Department is coming to their
place very night, but that is not the case. There are a lot of
combined offenses by certain people. They cannot deny that there
is crime out there, but they cannot control it all. They just do
the best they can to control it. The majority of the people they
attract are good people and are going to suffer because of the few
bad people who make the business look bad. He would invite every
Commission member to visit their business.
�
.
PLANNING COMMISSION MEETYNG JANIIARY 12 1994 PAGE 7
�""�
Mr. Oquist asked if Director Sallman had talked to any of the
people from other communities that have billiard rooms about
whether they are experiencing problems.
Director Sallman stated that they have checked with the�City of Elk
River. Because the City of Elk River was also experiencing crime
problems, it restricted the hours to 1:00 a.m. Coon Rapids
Billiards is having more problems inside than Fridley has and would
like to do something about it.
Director Sallman stated he believed it is true that University
Billiards is the best run billiard room in the Twin Cities. The
owners are honest and sincere in saying that they do as good a job
as they are capable of doing. The Police Department's concern is
based on past history. The problems are still there; and if there
is an expansion, the Police Department sees an expansion of the
problems that are already there. Mr. Asproth is right about the
fact that the Police Department is not there every night.
Ms. Savage asked Mr. Asproth�s position on stipulation #2 stating
that no juveniles shall be allowed in University Billiards without
their parents after 9:30 p.m.
Mr. Asproth stated it is a hard issue. They have a lot of 17 year-
olds who come in with their girlfriends after a football game.
With this restriction, they would have to sit at the door and �
monitor and tell these teenagers they cannot come in anymore. It
is an issue they can deal with, but by not allowing them in, it is
sending these teenagers to another billiard room that is not run
as well as theirs is. They follow the curfew law which is no
loitering or loafing any time after 9:30 p.m., and they are even
stricter than the City's curfew law. They card and do not allow
minors, 17 years old and younger, into the establishment after
midnight. At 10:0o p.m., they ask all minors, 16 years old and
younger, to leave.
Mr. Ty Wilson, co-owner of University Billiards, stated when they
researched the business before opening, they decided that the nicer
and classier place they had, the less chance they would have of
attracting the undesirable people. They spared no expense in
making their place nice and first class. With the expansion,
besides putting in a restaurant and pro shop, they also plan to
spend a considerable amount on maintenance, new carpeting, etc.
This will make the place even nicer and less comfortable for the
undesirable people than when they first opened.
Mr. Wilson stated that as far as the parking lot issue, he believed
a vast majority of the problems stem from thefts in their parking
lot, and most of these thefts occur after 1:00 a.m. But, after
1:00 a.m., there are not many cars in public parking lots, other
than University Billiards, restaurants, etc. He believed if they �
light up the parking lot more, it would vastly help the problem.
C
�
�
�^�
pLANNING COMMI3SION MEETING JANUARY 12 1994 PAGE 8
Mr. Wilson stated a majority of their business is before 1:00 a.m.
than after 1:00 a.m. However, if people are going to leave their
houses at 10:00 p.m. to play pool and they know there is a waiting
list of at least an hour, with a closing time of 1:00 a.m., they
will go somewhere else that has a later closing time. People who
come later anticipate playing until 2:00-3:00 a.m. Closing at 1:00
a.m. would Yiurt their business tremendously.
Mr. Wilson stated they are very opposed to alcohol drinking. They
have common sense rules that must be followed. Most people do obey
the rules, and they make examples of the people who do not obey the
rules. Some very good customers have been kicked out forever.
This sends the message that certain things will not be tolerated.
Mr. Wilson stated he understands the City's problem about crime.
They run the most successful billiard room in the state. One of
the reasons it is so successful is because he and Mr. Asproth are
there every night to see what is going on and ta enforce the rules.
Their goal was to open up the nicest, non-alcoholic, billiard room
in the whole State of Minnesata. They are successful becausa their
place is a safe, clean, fun place to play pool. To put these
stipulations on them would put a stranglehold on their business.
Mr. Kondrick asked when University Billia�ds closes.
Mr. Wilson stated they have no restrictive hours now. They
generally stay open until 5:00 a.m. on weekdays and 7:00 a.m. on
weekends.
Mr. Sielaff referred to stipulation #7 which states: "The special
use permit shall be reviewed by the City Council one year from the
date of approval or sooner if the City determines there is a
management problem which requires further restrictions or removal."
He asked the petitioners if they could live up to that stipulation.
Mr. Asproth stated he believed they can. They would not agree to
that stipulation if they did not feel confident that they could
abide by it.
Mr. Saba stated that at the last Planning Commission meeting, the
petitioners mentioned the possibility of a video camera aimed at
the parking lot. Is this a possibility for added security?
Mr. Wilson stated th�y have discussed the possibility of a video
camera, not only for the parking lot, but also inside the building
itself.
Mr. Oquist asked if there is any possible compromise on the closing
time.
Mr. Wilson stated that is difficult. The customers who come in at
12:00 or 1:00 a.m. want the option to play until 4:00 - 6:00 a.m.
e
PLANNING COMMI83ION MEETING JANIIARy 12 1994 PAGE 9
Mr. Asproth stated the majority of the crime-related activities
appear to be happening during University Billiards� busiest hours
which are 10:00 - 2:00 a.m. So, a closing time of 1:00 a.m. is not
going to solve those problems.
Director Sallman stated that it is probably true that most of the
problems are going to occur during the time when University
Billiards is its busiest. The Police Department's issue is not
what goes on inside the business; the owners do a fine job of
running the business. The problem is it is a place to hang out.
He stated he believed the Police Department has been kind by
limiting the scope of its study te the mall rather than expanding
it to the whole grid area and comparing it to another industriaZ
grid.
MOTION by Mr. Sielaff, seconded by Mr. Oquist, to close the public
hearing.
OPON A VOICE VOTE, ALL VOTING AYE, VICE-CHAIRPERSON RONDRICR
DECLARED THE MOTION CARRIED AND THE pIIBLIC HEARING CLOSED AT 8:5A
P.M.
Mr. Kondrick stated that at the last Planning Commission meeting,
the Commission members had discussed the issue of more lighting,
and he wished the petitioners had done more to show that lighting ,-1
might be part of the answer to these problems.
Mr. Oquist stated they could add more lighting as a stipulation.
He sees the hours as the real issue. A fair amount of the business
seems to be after 1:00 a.m. It sounds like the owners try to run
a good business.
Mr. Saba stated the owners do run a good business. The problem is
that the business is drawing the wrong element, and limiting the
hours might not be the answer to this type of situation. The
element is going to be there any time between 10:00 p.m, and 1:00
a.m. and after.
Ms. Savage stated she only sees more problems if the business is
allowed to expand. More lighting might help, but people still
commit crimes when lights are on. She did not believe the
petitioners would agree to any compromise regarding the hours. No
one is saying that the owners are not doing a good job, but that
is irrelevant. When you have a place that stays open almost all
night where a lot of people can congregate, that is a built-in
situation for problems.
Mr. Sielaff stated he sees stipulation #7 regarding the review of
the special use permit as the key. The owners have said they are
willing to assume the risk of that stipulation. The owners have
a lot to lose if things do not improve. It certainly gives the �
owners an incentive to do whatever they can to help eliminate the
crime that is happening now.
PLANNING COMMI33ION MEETING, JANUARY 12� 1994 PAGE 10
/'��
Ms. Savage stated she does not see anything special about this
business that it should be allowed to stay open later than 1:00
a.m.
Mr. Saba stated that he agreed with Mr. Sielaff, but Director
Sallman's concern is that this type of business draws a bad
element. At the last Commission meeting, the Commission asked for
a study to be done on security and lighting. He stated he was
disappointed that the petitioners had not done any kind of study
for the staff and Commissioners to review. He had hoped the
Commission would have some data on security measures that can be
taken to reduce crime. He would had a difficult time recommending
approval of this special use permit request without enforcing some
restriction on the hours, even though he is not convinced that is
going to solve the problem.
Ms. Savage stated it is not necessarily a"criminal element" that
is.committing these crimes. There are kids who are o.k. kids most
of the time, but they are going through a period in their lives and
when they get tagether late at night, they can cause problems.
Mr. Oquist stated this is a place for people to hang out. He
agreed with Ms. Savage that they are not necessarily talking about
a criminal element. Limiting the hours (stipulation #1) will
� negatively affect the business and will stop the expansion, but it
will not�solve the problems that are happening now. He would like
to see the Commission delete stipulation #1, add a stipulation
regarding security, and strengthen stipulation #7 regarding the�
review of the special use permit.
Mr. Saba stated he would also like a stipulation added about
security and lighting and to strengthen stipulation #7 as much as
possible, possibly with a review after six months, after one year,
and annually after that.
Ms. Savage stated that sounds like they are pinning their hopes on
security and lighting. She believed that with the expansion and
the same hours of operation, there would just be more problems.
She believed there should still be some limitation on the hours.
MOTION by Mr. Oquist, seconded by Mr. Sielaff, to approve special
use permit, SP 93-17, by University Billiards, Inc., per Section
205.17.O1.C.(4) of the Fridley City Code, to allow an expansion of
a commercial recreation use on Lots 4, 5, and 6, Block l, Paco
Industrial Park, except the North 35 feet of said Lot�4, generally
located at 7178 University Avenue N.E., with the following
stipulations:
1. No juveniles shall be allowed in the U.niversity Billiards
without their parents after 9:30 p.m.
�"�
� 2. The petitioner shall provide adequate adult staff at all
times with at least two adults on staff from 6:00 p.m.
to closing on Fridays and Saturdays.
PLANNING COMMIg3ION MEETING JANUARY 12 1994 PAGE 11
�
3. The petitioners shall patrol parking lot and manage its
misuse.
4. No alcoholic beverages shall be served or allowed on the
premises.
5. The development owner shall notify the City of future
additions/expansions of vacant building space and shall
accept limitations on occu�ancy of remaining vacant space
should parking shortages result. The development owner
shall agree in writing to accept this stipulation prior
to the approval of the speeial use permit by the City
Council. �
6. The special use permit shall be reviewed by the City
Council every six months for the first two years and
annually thereafter.
7. As weather permits, the petitioner shall verify the
parking stall width and restripe the parking lot if
necessary: � .
8. A security, lighting, and surveillance, plan• shall be
� submitted prior to consideration by City Council.
. �
IIPON A VOICE VOTE, SAVAGE VOTING. NAY, VICE-CHAIRPERSON 3tONDRICR
DECI;ARED THE MOTION CARRI�ED. � ' ' � -
Ms�. Savage stated she would like more information from�the Police
Department on the types of calls and types of crime tv be submitted� �
to the Council. This might be useful iriformation for the Council.
to see if there is an increase in calls during the later hours.
Ms. McPherson stated this item will go to City Council on February
7, 1994. .
MOTION by Mr. Saba, seconded by Ms. Savage, to move.item #3 to the
second item on the agenda.
UPON A VOICE VOTE, ALL VOTING AYE, VICE-CHAIRPERSON RONDRICR
DECLARED THE MOTION CARRIED UNANIMOII/yc"LY.
2. PUBLIC HEARING: CnN�TnFUAmrnikT (1F � CDTi'('T�T. TTCT.' DT�'DMTT CD
�93-18, BY JULIE BRUNNER'
Per Section 205.07.01.C.(1) o the Fridley City Code, to allow
accessory buildings other an the first accessory building
over 240 square feet on the/ south half of Lot 5 and all of Lot
6, Block l, Hillcrest, g��ierally located at 7235 East River
Road N.E.
MOTION by Mr. Saba, seconde� by Mr. Sielaff, to open the public �
hearing. /
r""�
�
r�\��
CITY OF FRIDLEY
pLANNING COMMISSION MEETING� DECEMBER 22� 1993
CALL TO ORDER:
Chairperson Newnnan call�d the December ��� ,_ � 1�993, Plannirig
Commission meeting to order at 7:30 p.m.
ROLL CALL:
Memb.ers Present:
Members Absent:
Others Present:
Dave� Newman, Dean •Saba, Dave �Rondrick,
LeRoy Oquis , Connie Modig �
Diane S age, Brad Sielaff
a
.�_
Mic le McPherson, Planning Assistant
S ah Gardner, 3300 Edinborough Way, Edina, NIId
y Wilson, University Billiards, Inc.
Greg Asproth, University Billiards, Inc.
MOTION b Mr. Oquist, seconded by Ms. Modig, to approve the
Decembe 8, 1993, Planning Commission minutes as written.
AiA VOICE VOTE� ALL VOTIN(3 AYE� CHAIRPERSON NEWiKAN DECLARED THE
ION CARRIED IINANIMOII3LY.
1. PUBLIC HEARING• CONSIDERATION OF A SPECIAL USE PERMIT. SP
#93-17, BY UNIVERSITY BILLIARDS, INC.:
Per Section 205.17.O1.C.(4) of the Fridley City Code, to allow
an expansion of a commercial recreation use, on Lots 4, 5, and
6, Block 1, Paco Industrial Park, except the North 35 feet of
said Lot 4, generally locat�d at 7178 University Avenue N.E.
MOTION by Mr. Saba, seconded by Mr. Kondrick, to waive the reading
of the public hearing notice and open the public hearing.
IIPON A VOICE DOTE, ALL VOTING AYE, CHAIRPERSON NEWMAN DECLARED THE
MOTION CARRIED AND THE PIIBLIC HEARING OPEN AT 7:35 P.M.
Ms. McPherson stated the subject parcel is located in the Rice
Creek Business Center which is located at the intersection of
Commerce Circle South and Commerce Circle East. University Avenue
runs north and south along the easterly edge of the subject parcel.
The property is zoned M-1, Light Industrial. There is C-2, General
Business District, zoning to the north. Directly to the north of
the subject parcel is U.S. Swim & Fitness. To the east is M-2,
Heavy Industrial, and additional M-1, Light Industrial, zoning to
the west.
�
�PLANNING COMMISSION MEETING DECEMBER 22 1993 PAGE 2 �"1
Ms. McPherson stated the petitioner received a special use permit
in 1988 which established the business. Eleven stipulations were
issued under the first special use permit in February, 1988. At
that•time, the facility was 5,186 sq. ft.� In July, 1988, the City
Council reviewed the special' use. permit. ��or �ompliance with •the
stipulations and chose to remove �•of�the stipulations includin�
the one regarding hours of operation. In 1989, a second special
use permit was issued to expand the facility to it�s current 7,792
sq. ft. There were 6.. stipulations as �conditi,on of approval for
that expansion. The petitioner has complied with all of those
stipulations. � �
Ms. McPherson stated.the petitioner is requesting to expand into
two vacant tenant spaGes--one to the west and one to tYie south of
the existing space. This expansion space will allow the addition
of 16 pool tables, five arcade games, two dart games, an e�ansion
to the kitchen facility, and the addition of a pro shop. The total
square footage for this tenant would then total 13,792 sq. ft.
Ms. McPherson stated that under Section 205.17.O1.C.(4) of the
zoning cod�, a special us� permit may be issued for commercial
recreation use complying with 5 standards:
1. The parking supply is to be in compliance with the �
requirements of the City code and be sufficient to
support full occupancy of the building.
2. Only wall mounted signs are permitted.
3. The use is to demonstrate that it will not generate
levels of traffic which reduces the existing level of
service on adjacent streets.
4: The City Council needs to be of the opinion that the
proposed use if compatible in the area it is located.
5. The building owner/agent shall be responsible for
information any prospective tenant of the property's
actually zoned for industrial, and not commercial, use.
Ms. McPherson stated the Code section also allows for some
flexibility in the maximum gross floor area for both tenant size
and percentage of total building to be considered on an individual
tenant specific basis.
Ms. McPherson stated the petitioner has previously demonstrated
that the items 2, 3, and 5 can be met by the use . By granting
previous special use permits, the City Council has demonstrated
that they agree that the use is compatible in this area. �
�
� pLANNING COMMI33ION MEETING DECEMBER 22 1993 PAf3E 3
Ms. McPherson stated that in the 1989 request, the staff analysis
focused on parking requirements of the facility and the subject
parcel. Again, staff is concerned about the parking situation.
Based on staff analysis, the proposed expansion will increase the
area occupied by the tenant to 13,792 sq. ft. or �pproximately 24�
of the �buil�ding•. _ Basecl on the uses within the'tenant� spaces, staff
has calculated that 82 �spaces will be required by this tenant alone
which is approximately 1/2 of that provided by the site.
Currently, tenant usage needs 132 spaces and.this will increase to
162 if the proposed expansion.is approved... .. . �
Ms. McPherson stated there are 166 parking spaces provided on site.
If the proposed expansion is approved by the City Counail, there
will be 6,003 sq. ft. of vacant, leasable space•remaining. ` If
staff uses the speculative parking ratio of one space ger 500 sq.
ft. , 12 spaces will -be required in order to lease the remaining
space to a tenant of indeterminate use. However, there are only
four spaces remaining after the e�cpansion which would then leave
the parcel underparked. To avoid an underparking situation, the
management company would be limited to leasing the remaining 6,003
sq. ft. to a tenant which is strictly or predominantly warehouse
with a small office space.
� Ms. McPherson stated the management company is attempting to
acquire a reciprocal cross parking agreement with U.S. Swim and
Fitness to the north. Currently, U.S. Swim and Fitness is allowed
to use spaces in the University Billiards portion of the parking
lot during peak hours for the fitness center. Staff has had
previous experience with U.S. Swim and F�tness patrons in which
they have created parking problems on Commerce Circle East. A memo
included in the staff report documents the staff concerns.
Ms. McPherson stated the police department also has some concerns
as indicated in the memos included in the staff report and in the
information distributed at the meeting which documents calls for
service at University Billiards as compared to Joe DiMaggio's. The
concern of the police department is the presence of juveniles under
the age of 18 in the tenant space after 9:30 p.m. which is in
violation of-the curfew ordinance. At the time the staff report
was written, the police department recommended three actions
regarding this request:
1. The present request be denied; �
2. The hours of operation be limited to 8:00 a.m. to 1:00
a.m.; and
3. That no juveniles be allowed in University Billiards
without their parents after 9:30 p.m.
,�"� Ms. McPherson stated the current hours of operation are from 11:00
a.m. to 6:00 a.m. or possibly even 8:00 a.m. depending on the
number of patrons in the facility. �
PLANNING COMMTSSION MEETING DECEMBER 22 1993 PAGE 4 ^
Ms. McPherson stated that if the Planning Commission chooses to
approve the request for the expansion, the request by the police
department to limit the hours of operation and eliminate the
presence of juven�iles after 9:30 .p.m... has� been �recommended � as '
..stipulations for�appr.oval. However, based on the analysis and the..
fact that parking is a concern, approv�l of the request would
result in a lack of adequate parking for the site.
Ms. :McPherson .stated staff is recommending that the Planning
• Commission recommend denial of the request to expand the commercial
. recreational facility for three reasons: .
1. The petitioner�has adequa�e use of the facility as a
result of a previous expansion approved by the City
council.
2. The increased parking demand generated by the expanded
use leaves little or no flexibility for the property
owner for re-occupancy of the building to more intensive
uses.
3. Documented parking supply problems with U.S. Swim and
Fitness.
�
Ms. McPherson stated that if the Planning Commission�chooses to
approve the special use permit, staff recommends the following
stipulations as conditions of approval:
1. The hours of operation shall be limited from 8:00 a.m.
to 1:00 a.m.
2. No juveniles shall be allowed in the University Billiards
_._ without their parents after 9:30 p.m.
3. The petitioner shall provide adequate adult staff at all
times with at least two adults on staff from 6:00 p.m.
to closing on Fridays and Saturdays. -
4. The petitioner shall patrol parking lot and manage its
_ misuse. '
5. No alcohol beverages shall be served or allowed on
premises.
6. The development owner shall notify the City of future
additions/expansions of vacant building space and shall
accept limitations on occupancy of remaining vacant space
should parking shortages result. The development owner
shall agree in writing to accept this stipulation prior �
to the approval of the special use permit by the City
Council.
�
/`�,
pLANNING COMMI88ION MEETING DECEMBER 22 1993 PAGE 5
7. The special use permit shall
Council one year from the date
the City determines there is a
. requires.further.restrictions
be reviewed
of approval
management
or removal.
by the City
or sooner if
problem which
Mr. Saba asked if, regardi�g the police statistics, Ms. McPherson
knew �here the contacts were made at.the University Billiards or
in�the proximity of the.facility.,. . • •
Ms. McPherson•stated she did not have an opportunity do discuss the
specifics of the police data. The information was provided just
prior to the me�eting. �She believes the information pertains to�the
general area in and around the two facilities, Universit�r Billiards
and Joe DiMaggio's.
Mr. Newman stated that page three af the staff report lists five
conditions set out in the ordinance. The third condition speaks
to the use when it can be demonstrated that the operation will not
generate levels of traffic, etc. The proposal talks about
increasing traffic and asked if that is something the Commission
would have to re-examine again for.each request for a special use
permit.
Ms. McPherson stated it is; however, in that particular area, the
roads are designed for industrial use. The road design itself is
adequate. While staff did not analyze the actual number of trips
generated by the additional square footage, the petitioner has
pointed out that their hours of operation are opposite the typical
uses in the building. Therefore, while total traffic generated in
the area will be increasing, the traffic will likely occur opposite
average use.
Mr. Newman asked if the petitioner has seen the memos.
Ms. McPherson stated she did provide copies to the petitioners
prior to the meeting.
Mr. Asproth, an owner of University Billiards, stated their peak
hours are from 9:00 p.m. to 3:00 a.m. U.S. Swim and Fitness' peak
hours are over by 8:00 p.m. He does not anticipate more cars by
expanding but rather the elimination of the waiting list for pool
tables. There has not been a parking conflict with the other
tenants in the'building. The owners plan to compile documentation
of how many cars they have during business hours since University
Billiards is open from 11:00 a.m. Normal business hours run until
5:00 p.m., and University Billiards does not have very many
customers between those hours.
,r-°-�
Mr. Asproth stated they are currently not open 24 hours and do not
plan to be. Approximately 30% of their business is between 12
midnight and 3:00 a.m. Many nights there is a long waiting list
e
PLANNING COMMISSION MEETING DECEMBER 22 1993 PAGE 6 ^
and, if they close earlier, many people would not be able to play.
Most of the problems have happened between 11:00 p.m, and 1:30 a.m.
partially because they do not have enough tables. Long waiting
lists create more anxiety. More space to seat people and more pool
tables will help thein oversee and better mar�age customers.
Limiting.hours to 1:OU a.m. or 2:00 a.m. �ill hav�• a:•negative
effect, because they would be required to close during the peak of
their business and many people would not have had a chance to play
pool.. University � Billiards does not have a bar, and 90% of •the
revenue comes from.playing pool. If required to close early,.they
would need to serve alcohol in order to survive. They do not•know
of any non-alcohol pool rooms that close at 1:00 or 2:00 a.m.
Mr. Asproth stated University Billiards is the premier �nd busiest
place to play pool in Minnesota. If they are required to change
hours, their work and investment to be the best will be taken away.
Currently, staff posts and enforces curfew rules. The way he
understands the curfew rules is as loafing or loitering after 9:30
p.m. if under age. The way staff enforces the curfew is, after
midnight, to card and refuse the business of all minors 17 years
and younger. At 10:00 p.m., staff ask all 16 years and younger to
leave even if they are playing pool and not loitering. This is not
an easy task. After 9:30 p.m., youth of this age can go to movies,
attend football games and dances, and they don't understand it when �
they are asked to leave the billiard hall.
Mr. Asproth stated he and his partner have been at the site every
night since April 1988, and they want to make sure that the curfeza
and rules are maintained. They announce over the intercom when
minors must leave, and they go around and card people. � They
currently have approximately 10 employees with an average age
between 23 and 24. If the hours are cut, jobs too will be cut.
They currently have 5-6 employees every weekend and holiday nights
with at least two people at closing time. They have 3-4 employees
during the weekday nights at peak hours and 1-2 at closing time,
not including the owner(s) present.
Mr. Asproth stated the employees walk the parking lot every 10-15
minutes to remove any loiterers and pick up trash. They hired a
parking lot attendant for awhile when there were a rash of car
break-ins. They believe that the thieves who were caught were not
customers, but drive-by thieves capitalizing on the possibility of
getting car stereos. They ban any customer permanently for
drinking. They do not accept alcohol in or around their business.
Mr. Asproth stated that when reading the statement from th� police
department, he was surprised and confused about the 143 calls for
service. Since he or his partner, Ty Wilson, are present every
night and neither they, nor their employees have called that many
times, he can only guess that these calls include customers that �
lock their keys in the cars, the times the police have driven
through and questioned people, or when they have called in for
�
pLANNING COMMI3SION MEETIN(� DECEMBER 22 1993 PAGE 7
missing or runaway kids or for medical reasons. They also know
these numbers are combined with U.S. Swim and Fitness calls.
Mr. Asproth stated that what he finds confusing is that they hardly
made a call the first.two.years in business. The officers opealy
encouraged them 'to ca•11 in, �and they d.id ma�Ce calls before trouble
happened. The'ir goal is to have a clean, safe place for people to
play pool and not worry about trouble makers. They run the
strictest and safest pool rooni around.� They recently :talked with
an officer and asked him how t3zey rated. Tlie o�ficer said that -for
a11 the .people the businesses attracts, they�have very"few
problems. He stated the officers know they try hard.
Mr. Asproth stated the Moore Lake Health Club closes �t midnight
and U.S. Swim and Fitness is open 24 hours. He does not kriow the
number of customers at Joe DiMaggio's. University Billiards has
approximately 300-400 people on a weekday and 550-650 people on
weekends, and approximately 300,000 people over a two-year period.
He stated a few bad people have tarnished their reputation and what
is overlooked is all the good people that come through their doors.
He thinks he has proven to the police department that they are
dedicated�to running a good business.
/"�, Mr. Asproth stated their investment is very large, and they hope
these changes and additional space will spread the people around
a little more and have them playing pool rather than waiting a long
time to get a table. If they are allowed to expand they will one
of the best upscale, non-alcohol rooms in the U.S. They will
attract a better and older clientele by serving good food at a
reasonable price. Their customers will be better served, and 5-6
more jobs will be created as a result of the expansion.
Ms. Modig stated the memo showing the comparison of calls to the
police department shows 143 total calls for University Billiards.
Does that seem more in keeping with what you think would be your
calls?
Mr. Asproth stated they call about once per month. When he sees
this, he does not know where it comes from. They do not have that
many problems. �
Ms. Modig stated the comparison shows 24 alcohol related offenses.
Since this is a non-alcohol establishment, how are these numbers
explained?
Mr. Asproth stated this must happen outside, because they do not
allow alcohol in the facility.
� Ms. Modig stated the peak hours are between midnight to 3:00 a.m.
and that seems to go along with the hours that the bars closem
That seems to contribute to the problems even though University
Billiards is not serving alcohol.
. .....
... .................
� ...._ ... ...
PLANNING COMMISSION MEETING DECEMBER 22 1993 PAGE 8
�
Mr. Asproth stated they do not really see a bar rush. They often
do not hear about these either. Some people are pulled over as
they come in, and they, the owners, do not know about it. He does
not condone drinking and he would� like it if ino one drank•• when
coming to their business. As far as the other calls�, he has a hard
time figuring out how the number of calls could change so
drastically.
Mr. Saba 'stated one report appears to� be detailed information whi.le
another seems to be a summary of�the data. �
Ms'. McPherson stated the chart �in the memo of December 21, 1993;
documents 143 incidents. The police picked those incidents which
they feel can lead to more violent crimes. Of the remaining 300
or so calls, these are probably the more typical calls such as
locking keys in the car, several calls for service, etc. She
regrets not having had time to speak to the police department about
this information in more detail.
Ms. Modig stated the memo does not indicate to which establishment
the calls are related. It could be U.S. Swim and Fitness or
University Billiards.
��
�
Mr. Saba thought a part of that could also be due to people who
come to the area after a party or drinking at a bar. These people
are obviously getting alcohol somewhere else since University
Billiards does not serve alcohol.
Mr. Asproth stated it seems strange to see -alcohol-related offenses
when University Billiards does not serve alcohol.
Mr. Saba asked what type of security does University Billiards
maintain during the hours when these calls are made.
Mr. Asproth stated their staff is large enough to watch the parking
lot and the inside of the establishment. The owners are also on
site every night.
Mr. Saba asked if it would make sense to have a security officer,
and if Mr. Asproth knew of any other places .that had a security
officer.
Mr. Asproth stated he did not know if having a security officer
would make sense. One other place had a security officer and it
is now out of business. The numbers from the police do not make
sense to him. Neither he nor his staff have called even for a
small percentage of these calls.
Mr. Saba suggested that there may be others making calls that he. �''�
is not aware of.
,'"'� '
pLANNING COMMISSION MEETING DECEMHER 22 1993 PAGL 9
Mr. Asproth stated a number of these calls must be from U.S. Swim
and Fitness.
Mr. Saba stated that U.S. Swim and Fitness�.is not �s much of a
faatiily place as the Moore Lake Racquet Swim and Fitness, and this •
perhaps �draws a diffe'rent element. : � .� ' � .
Mr. Asp'roth stated they had approximately 300,000 people at their
establishment in the past two years.and, because of these numbers; �,
this could happen. � �
Ms. Modig asked how Mr. Asproth would address the problem with
parking. ' `
Mr. Asproth stated they have no parking problem. Their business
is at night and does not overlap with other businesses in the
center. They have open spots during their business hours.
Mr. Saba asked the operating hours of University Billiards.
Mr. Asproth stated they open at 11:00 a.m. but they have no set
closing time. It is usually from 4:00 a.m. to 8:00 a.m. depending
on the type of business they have. Holidays and weekends are busy
� and they stay open for the business. They usually don't find
problems are because of the hours they are open. It is during peak
times when there are many people there.
Mr. Saba asked if peopie try to bring in alcohol.
Mr. Asproth stated people have tried but they kick them out right
away if caught. Someone has likely gotten away with it at some
time but they do everything they can to stop them.
Ms. Modig asked if there is someone at the door to check ID's and
card patrons.
Mr. Asproth stated that on weekends, they always have someone at
the iioor. During weekdays, there is not always someone there, but
they have someone patrol inside to card those who appear young and
to keep the place clean. In their business, it is not a good idea
at a late hour to mix the young and the old. Parents do not
appreciate it.
Mr. Newman referred to the stipulations. Speaking hypothetically,
assuming the petitioners' choice was to operate as they are now or
be approved for the special use permit with the stipulations, what
would be their preference?
,..� Mr. Asproth stated they would go out of business if they accepted
' the stipulations as proposed. With the stipulation to close at
1:00 a.m., they could not remain in business.
PLANNING COMMI3SION MEETING DECEMBER 22 1993 PAGE 10 ^
Mr. Newman stated it sounds as if you would prefer to stay as you
are rather expand and have the hours of operation curtailed.
Mr. Asproth stated, yes, if that was the choice. Their goal is to
have a better place.� � . �
Mr. Wilson, owner, stated the sport of pocket billiards is�booming.
Over the last five years, the sport has grown by more than 50�.
Last year, 37 iaillion Americans••played pool at one•time.or. ariother.
Years ago, billiards had a one-sided personality. It was a��men=
only sport played oftentimes in less�than reputable establishments.
Today, billiards is gaining the respect it daserves. Billiards is
a multi-facet�d sport that allows men and women, young and old to
compete on an equal basis. Strategy and concentratio,n mark the
skill of a good player, not size and strength.
Mr. Wilson stated that when he and Mr. Asproth opened their pool
room over five years ago, their main focus was to separate
themselves from that stereotypical pool room. They bought first
rate equipment and spared little expense in an effort to show that
they plan to stay in business for the long term. They believe they
have done just that. They offer a comfortable atmosphere for young
and old alike.
�
Mr. Wilson stated they offer organized activities every week night,
weekly and monthly tournaments, ladies night on Wednesday nights,
and family days on weekends. They are offering billiards as a form �
of recreation and entertainment. In an attempt to cont.rol
loitering, they implemented a cover charge. This acts as a coupon
for a discount on table time. This discourages people from coming
in for any reason other than playing.
Mr. Wilson stated that most billiard rooms go out of business
because of poor management, absentee owners, or loss of control of
clientele. In an effort to combat this, they have hired older
employees and an owner is there every single night. As far as U.S.
Swim and Fitness and the calls, he stated they have been instructed
to call the police even if someone feels faint in any way or
anything like that so that could account for some of the calls.
Mr. Newman stated the most recent report excludes medically-related
calls. .
Ms. Modig stated another billiard hall is on Highway 65 and
Osborne. How does that hall compare to University Billiards?
Mr. Wilson stated it does not compare because that facility serves
liquor. He stated their business did not decline even though the
other facility is in close proximity. Most of their customers do
not want to be in a place where there is alcohol. �'"�
� pLANNING COMMISSION MEBTING DECEMBBR 22 1993 PAaS'll
Ms. Modig stated there must be some explanation for the fact that
there were 24 calls related to alcohol in a two-year period for a
business that serves no alcohol.
Mr. Oquist.stated his concern is that U.S. Swim and Fitness is tied
in witi� University Billiards, which are two different businesses.
Even when talking about the Rice� �reek Business Center where
University Billiards.is located, the health club is tied in as
well. He is not sure the figures are comparing the same thing.
Mr. Newman stated the numbers need to be broken out so ttrey know
which calls were for which business.•�
Mr. Oquist stated the chart indicates 89 thefts over a two year
period; however, the owners are saying the calls are �ot coming
from their business. Where are these thefts occurring?
Ms. McPherson stated the police took the Rice Creek Business Center
strip mall with U.S. Swim and Fitness as a neighbor and compared
that to East Moore Lake Commons which has Joe DiMaggio's, the bank,
etc., and Northwest Racquet Club as a neighbar. When they are
talking about Joe DiMaggio's, that is East Moore Lake Commons�'
calls for service. If someone got into their car and realized
,� something was wrong, pulled into a gas station and stated they were
at University Billiards and someone took their stereo, it would be
listed as University Billiards.
Mr. Newman stated it could then be possible to assume that a call
was related to University Billiards, because someone who parked in
the University Billiards parking lot had walked over to another
business.
Ms. McPherson stated that is possible. A car could also be parked
- on the street iri front of the strip mall, but the call may be
attributed to University Billiards even if the patron was at U. S.
Swim & Fitness.
Ms. Modig stated there is such a combination of parking in that
area that it is hard to know where the cars are coming from.
Mr. Saba stated any time that many cars are parked at that time of
night there will be many problems.
Mr. Kondrick stated U.S. Swim and Fitness is also open 24 hours so
that does not help in terms of the crimes.
Ms. McPherson stated the police have noted a definite difference
between the two areas.
'� Mr. Newman stated that when you have that many people going through
there, that is less than 1/2 of 1%. Nonetheless, it does not
negate the fact that there is a concentration in that area.
PLANNING COMMISSION MEETING DECEMBER 22 1993 PAGE 12 �
Mr. Oquist stated the peak business times are 11:00 p.m, to 3:00
a.m. so this is when there is the highest concentration of cars.
If there is a parking problem, it is when the other businesses are
closed. : � • •
Mr. Wilson stated he does not believe they have a parking problem
because it is unusual to have 10 cars duri�g the day. •At night,
they have many more.clients but,the bther businesses are closed.
Mr. Oquist asked if there had been complaints from the other
occupants.
Ms. McPherson stated there were no complaints about the_use. �The
complaints generated by the other tenants come as a result of the
patrons of U.S. Swim and Fitness parking on the street and blocking
the line of sight to get onto the street. .Mr. Barg's memo points
out that he has responded to complaints such that there have been
spots available in the U.S. Swim and Fitness parking lot on the
opposite side of the building, yet the street is full of cars
because patrons do not want to walk. U.S. Swim and Fitness does
have an agreement for parking across the street in the former
Minnesota Jobs and Training site, but very few patrons are forced
to use that. There is parking permitted on the street so, unless ^
that changes, there will continue to be parking on the street.
This is typically before 5:00 p.m.
Mr. Wilson stated many of their clients come from some of the
businesses with three shifts. They also have bar workers and other
night shift workers who come in to play pool late at night before
going home. It is not always a bar rush with drunks. If they see
anyone obviously impaired by alcohol, they ask them to leave. They
run a tight operation.
Mr. Saba stated that referring to the stipulations, if the
Commission recommends approval with the stipulations, do they agree
with the other stipulations except the hours of operation?
Mr. Wilson stated that as far as the juveniles, they don't like to
mix younger kids and older patrons. They prefer and have an older
crowd late at night. In order to comply, they•make an announcement
and card for those under age and ask them to leave. '
Mr. Newman asked the definition of a juvenile.
Ms. McPherson stated a juvenile is anyone under the age of 18. She
stated the police are looking for a stronger effort in making sure
there are no persons under 18 regardless of whether they are
playing pool. They would like to see stricter enforcement of the
9:30 p.m. rule. ! 1
�"'�,
pLANNING COMMI3SION MEETING DTsCEMBER 22 1993 PAGL 13
Mr. Newman asked if having no one under the age of 18 after 9:30
p.m, would cause a problem.
Mr. Asproth stated it is hard.to say yes or no. He met with Deputy
Dizector Lenzmei,er about this; and he had no idea.when he wrote his
• first �meiao what� University Billiards did as far as� juveniles. If
"a person is 17, out on a date and comes in after a football game,
it is embarrassing for them to be told they cannot come in. They .
can be at � a, football game. until .after -9:30 p.m.. W'here� else are. -
they go�'ing to go?� This is not a ba:d environment. They get'many
�17 year olds at 9:30 p.m., but most play pool.
Mr. Newman asked if there is a problem with the staffing
requirements. ._
Mr. Asproth stated this is something they are already doing.
Mr. Newman asked about patrolling the parking lot and managing its
use.
Mr. Saba stated it sounded as if this could be done better. If
most of the problems are coming from the parking lot, having
� someone out there more frequently would make a difference.
� Mr. Wilson stated there are concerns out there. If their patrons
have vandalism to their vehicles, it is hard to keep them as
customers. An employee is to go out every 1� minutes but they do
not always do that, but he believed they do go.out at least twice
an hour. The parking�lot problem was more of a problem a year ago
than it is now. �
Mr. Saba asked about the lighting situation in the parking lot.
Mr. Asproth stated they had lights added around the building.
This area is not lit like the Moore Lake Shopping area. Their
parking lot is also different. On the crime issues, they make some
calls, because they want to stop a crime early on. They have
considered video surveillance. It would be easier to have
employees monitoring if there was a camera.
Mr. Wilson stated the owners have the same fear as the customers.
If the patrons are uncomfortable, they will go somewhere else.
Mr. Newman stated the stipulation concerning alcohol is not a
problem since no alcohol is served at this location.
Mr. Newman stated he is very impressed with the hands-on
management, the presentation, and the owners' efforts to have a
� high caliber business. He also has a great deal of respect for the
� police department. He believed that more discussions between the
owners and the police department would help address some of the
PLANNING�COMMIg3ION ME�TING DECEMBER 22 1993 PAGE 14
concerns, including parking lot concerns. By doing so, they may
be able to work something out with the police department.
Mr. Asproth stated he spoke to Deputy Director Lenzmeier yesterday
and asked what they could do to make this work. He said he would
like to keep open communication between them and the police
department. '
Mr. Kondrick stated that if he were another tenant irr that
building, he would not•like it because he wouldn't know what the
billiards business is about. It is not a bad business, but it is
the type of business which could create problems for the other
tenants. One of the things missing here is lighting which benefits
all the businesses. More light's will deter crime and also fiave
more visibility from University Avenue. Lighting is a b-ig part of
the solution. The Commission should.try to insist that this be a
part of this agreement.
Mr. Wilson stated he agreed it will help distract some of the crime
for all.
Mr. Kondrick stated the owners could survey much of the parking lot
from the building with more lighting.
Mr. Asproth stated, yes, but it does get busy so sometimes they
cannot see�.
Mr. Kondrick felt lighting would be the best way to tackle the
problem.
Mr. Saba stated he thought the police department would prefer to
be called to prevent additional calls later on. The police
department does encourage calls to help prevent crimes. He agreed
with Mr. Kondrick that improving the lighting or surveillance or
parking security people would help. He would like to see something
add�d in terms of lighting.
Mr. Newman asked what the owners' timeframe was for this project.
Mr. Asproth stated they would like to begin construction in mid-
January.
Mr. Newman stated he did not think this is the place to work out
lighting. One option is to table this and discuss it at the next
meeting. Regardless of the Commission's recommendation, the
request will go before the City Council. During the intervening
period, the owners could meet with the police department and come
up with a plan.
Mr. Kondrick stated he would not be interested in going ahead
unless there are more lights. It needs lights, it always has, and
with lights the problems will stop.
r"�,
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'� pLANNING COMMI83ION MEI;TING DECBMBER 22 1993 PA(3E 15
Mr. Saba stated he does not oppose the expansion. His concern is
the security in the parking lot. If these problems are taken care
of, he would be more likely to recommend approval.
Mr. Wilson stated he agreed that there are.few problems inside the
premises. Most problems are outside.
Ms. Modig asked Ms. Gardner to address the stipulations.
Ms. Gardner stated that regarding leasing remaining space, they�are
working with a current tenant who is looking at taking over the
vacant space for use as an office and warehouse. Regarding
parking, the spec plan shows 177 parking stalls, not 166 as stated
at the meeting. She does not know if a physical couri`� was ever
done. There has never been a parking issue.. There were some
parking problems with U.S. Swim and Fitness, and they did assign
some stalls for tenants.
Ms. Modig asked her comments regarding additional lighting.
Ms. Gardner stated there is additional lighting on the building and
lighting all around the building now. There is a walking path
�--� there also. She asked if it would be possible for the City to
light that path. From a landlord's standpoint, they did put more
lighting on the building and would consider additional lighting as
needed. There is only so much money available and it does not
matter if it is spent inside for construction or outside for
lighting.
Mr. oquist stated there are some other issues to deal with. If the
Planning Commission recommends approval, the hours of operation are
to be changed from 8:00 a.m. to 1:00 a.m.
Mr. Saba stated he is more inclined to approve extended hours with
better security in the parking lot.
Ms. McPherson stated she did discuss with the petitioner that it
is possible the Commission may want to�'table the request. While
Deputy Director Lenzmeier clearly documented the conversations with
the petitioner, there is no clear direction as to whether or not
that changed the police department's attitude towards the presence
of juveniles. Because of these issue, plus there has not been time
for the petitioners to analyze cost issues for the lighting, it may
better serve the petitioners and the Commission to table further
discussion. The next City Council meeting is January 3, and these
issues would need to be resolved by that time.
Mr. Newman stated the Commission could also deny the request and
'`� forward it on to the City Council.
PLANNING COMMISSION MEETING DEC�MBER 22 1993 PAG$ 16
Ms. Modig stated she would not be comfortable in voting against the
request, but she would also not be comfortable in approving the
request because of the problems indicated by the police department.
She would like to see the request tabled.
Mr. Saba stated he would like to see the lighting addressed before
voting on the request. He would now be inclined to vote against
it the request.
Mr. Oquist stated there are a couple of stipulations that need to
be dropped. He doesn't think the police department is as strongly
against some of these things as it would appear. Staff may come
back with•a different set of =ecommendations. He would approve,the
request with some clarification on the stipulations. He thinks
there is some communication that could clarify some� of these
points.
Mr. Newman asked the petitioners if they would like to discuss the
issues before the Commission takes further action.
Mr. Asproth and Mr. Wilson stated they would like to have some more
time to discuss these options.
MOTION by Ms. Modig, seconded by Mr. Saba, to continue the public
hearing at the conclusion of the remainder of the agenda.
_ OPON A VOICE VOTE� ALL VOTING AYE� CHAIRPERSON�NEWMAN DECLARED THE
MOTION CARRIED AND THE PIIBLIC BEARING CL03ED AT 8258 P.M.
2. RECEIVE THE MINUTF.S nF muF pauuc arrn D1il�DL'TTTl1AT /"�l1M71RTG��LT
MEETING OF NOVEMBER 1. 1993
MOTION by Mr. Kondrick, seconded by Mr. Saba o receive the
November 1, 1993, Parks and Recreation Commi a.on minutes.
IIPON A VOICE VOTE� ALL VOTING AYE, CHA ERSON NEWMAN DECLARED T8E
MOTION CARRIED IINANIMOQSLY.
3. RECEIVE THE MINUTES OF HOUSING AND DEVELOPMENT AUTHORITY
MEETING OF NOVEMBER 1993
MOTION by Ms. Modi seconded by Mr. Kondrick, �to receive the
November 18, 1993 ousing and Development Authority minutes.
UPON A VOICE
MOTION CARB.Z
4.
TE, ALL VOTING AYE� CHAIRPERSON NEWMAN DECLARED THE
IINANIMOIISLY.
�
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pLANNING COMMI3SION MEET�NG DECEMBER 22 1993 PAGE 17
MOTION by Mr. Saba, seconded by Mr. Kondrick, to receive e
November 30, 1993, Environmental Quality and Energy Comm sion
minutes.
OPON A VOICE oOTE� ALL VOTING AYE, CHAIRPLRSON NEWMAN CLARED THE
MOTION CARRIED IINANIMOIISLY.
5.
MEETING OF DECEMBER 6, 1993
MOTION by Mr. Kondrick, seconded by M��"` aba, to receive the
December 6, 1993, Parks and Recreation C ission minutes.
IIPON A VOICE VOTE, ALL VOTING AYE�
MOTION CARRIED IINANIMOIISLY.
6. OTHER BUSINESS:
a. Review Customer Sendice Surveys
NEWMAN DECLARED`T8E
Ms. McPherson stated that s part of the goals and objectives for
1993, the City Manager d' ected staff to conduct a customer service
survey. Each of the se ice areas developed surveys based on their
cycle of service for their program area. Community Development
sent out approxima ly 95 surveys from the land use cases of the
past two years an received 45 replies. To summarize the results,
the petitioners elt the process was clearly explained, the staff
report was w 1.organized and factual, and the meetings were
conducted i a professional manner. Approximately 80% of the
respondent resportded favorably.
Ms. McP erson stated a summary memo about the survey was included
with e agenda as well as the actual survey results. Staff
pro ses to send out the surveys with the action taken letters and
ta y the results on a quarterly basis with an annual review. The
ritten comments received are also included.
7. PYTBLIC HEARING• CONSIDERATION OF A SPECIAL USE .PERMIT, SP
#93-17 BY UNIVERSITY BILLIARDS, INC.:
MOTION by Mr. Kondrick, seconded by Mr. Saba, to reopen the public
hearing.
IIPON A VOICE VOTE, ALL VOTING AYE� CHAIRPERSON NEWMAN DECLARED THE
MOTION CARRIED AND THE PIIBLIC HEARING RE-OPENED AT 9:05 P.M.
Mr. Asproth stated he and Mr. Wilson had discussed the issues and
agree to table the request.
Ms. McPherson stated the next Planning Commission meeting will be
held January 12, 1994, and the next City Council meeting will be
February 7.
PLANNING COMMISSION MEETING DECEMBER 22 1993 PAGE 18 �
Mr. Asproth stated he is not sure about the lighting.
Mr. Newman stated the owners need to talk to the police department
to see what they would recommend.
Mr. Oquist stated employees may also be more willing to go out into
the parking lot.
MOTION by Mr. Saba, seconded by Mr. Oquist to receive the
December 21, 1993, memo to Director Sallman regarding the visit
with Greg Asproth; the December 21, 1993, memo to Director Sallman
regarding comparison of calls for service; and the memo from Mr.
Robert Fields regarding vandalism. •
-�_
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON NEWMAN DECLARED THE
MOTION CARRIED UNANIMOUSLY.
MoTION by Mr. Oquist, seconded by Mr. Kondrick, to continue the
public hearing to January 12, 1994.
• IIPON A VOICE VOTE, ALL VOTING AYE, CHAIRBERSON NEWMAN DECLARED THE
MOTION CARRIED IINANIMOIISLY.
ADJOURNMENT:
MoTION by Mr. Kondrick, seconded by Mr. Saba, to djourn the
meeting. ,
VPON A VOICE VOTE, ALL VOTING AYE, CHAIR ON NEWMAN DECLARED THE
MOTION CARRIED AND THE DECEMBER 22 1993� PLANNING COMMIS3ION
MEETING ADJOURNED AT 9:20 P.M.
ly submitted,
0
Lavonn Cooper (J�
Recording Sec ary
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CITY OF FRIDLEY PROJECT SUMMARY
DESCRIPTION OF REQUEST:
The petitioner, Ron Stelter, requests that a special use permit be approved to allow the
expansion of an automobile agency seliing or displaying new and/or used vehicles. If
approved, the request would allow the construction of a 104,650 square foot parking lot. The
parking lot will provide space for new vehicle storage, employee parking, and vehicles waiting
to be serviced. The petitioner recently completed a plat and rezoning request. This request
complies with a stipulation of the rezoning request.
SUMMARY OF ISSUES:
Section 205.15.01 C.(2) of the Fridley City Code requires a special use permit for agencies
selling or displaying new and/or used vehicles.
The petitioner has submitted grading and drainage plans which have been approved by staff
as part of the previous approvals. A new landscape plan will need to be submitted for
approval. A previously submitted plan was changed to require additional landscape materials.
STAFF RECOMMENDATION TO THE APPEALS COMMISSION:
Staff recommends that the Planning Commission recommend approval of the special use
permit with the following stipulations:
1. No cars shall be parked in the boulevard or on any landscaped areas.
2. The petitioner shall provide curb and gutter along the entire perimeter of the parking area.
3. The petitioner shall submit a new landscape plan to be approved by the City prior to the
commencement of the parking reconfiguration.
4. Barbed wire shall not be installed if the expanded parking area is fenced.
5. The parking lot shall be striped at 10 feet.
6. No cars or other vehicles shall be parked in a manner so as to impede the free travel of
vehicles in areas intended as drive aisles.
Project Summary
SP #97-10, Friendly Chevrolet/Geo, 7501 Highway 65
Page 2
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Petition For:
Location of
Property:
PROJECT DETAILS
A special use permit to allow the expansion of a car dealership
7501 Highway 65
Legal Description
of Property: Lot 1, Block 1, Friendly Chevrolet Addition
Size:
Topography:
Existing
Vegetation:
Existing
Zoning/Platting:
Availability
of Municipal
Utilities:
Vehicular
Access:
Pedestrian
Access: �
Engineering
Issues:
287,496 square feet; 8.87 acres
Fiat
Typical suburban
C-3, Generai Shopping Center District;
Friendly Chevrolet Addition, 1997
Connected
Highway 65 Senrice Road
N/A
N/A
Comprehensive The Zoning and Comprehensive Plans are consistent in this
Planning Issues: location.
Public Hearing
Comments: To be taken
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Project Summary
SP #97-10, Friendly Chevrolet/Geo, 7501 Highway 65
� Page 3
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ADJACENT SITES:
WEST: Zoning: R-4, Mobile Home Park
S UT : Zoning: R-4, Mobile Home Park
EAST:
NO :
Zoning: M-4, Manufacturing Only
Zoning: M-1, Light Industriai
Site Planning
Issues:
REQUEST:
Land Use: Mobile homes
Land Use: Mobile homes
Land Use: Vacant/
Manufacturing facility
Land Use: Manufacturing
facility
The petitioner, Ron Stelter, requests that a special use permit be approved to allow the
expansion of an automobile agency selling or displaying new and/or used vehicles. If
approved, the request would allow the construction of a 104,650 square foot parking lot.
The parking lot will provide space for new vehicle storage, employee parking, and
vehicles waiting to be serviced. The petitioner recently completed a plat and rezoning
request. This request complies with a stipulation of the rezoning request
SITE DESCRIPTION/HISTORY:
The subject property is located in the northeast comer of the intersection of Highway 65
and Fireside Drive. The property was first used in 1960 as a mobile home sales and
disp�ay lot. In 1960, the City issued a building permit for the construction of a 49 foot by
72 foot workshop and office space. Subsequent building permit activities are as
follows:
1963 -
1964 -
1965 -
1971 -
1978 -
Construction of a 24 foot by 24 foot detached garage
Construction of a 120 foot by 140 foot mobile home sales and
service building
Construction of a 100 foot by 150 foot storage and sales addition
Construction of a 120 foot by 232 foot addition and issuance of
special use permit, SP #71-10, for new and used car sales
Construction of a 48 foot by 150 foot addition
Project Summary
SP #97-10, Friendly ChevroleUGeo, 7501 Highway 65
Page 4
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1982 - Approval of a special use permit to park new vehicles on the Kurt
Manufacturing property located to the north
1996 - 3,904 square feet of expansion of the building
1997 - Replat and rezoning of the property
ANALYSIS
Section 205.15.01 C.(2) of the Fridley City Code requires a special use permit for
agencies selling or displaying new and/or used vehicles.
Staff has reviewed the petitioner's proposal for the expanded parking. The analysis is
as follows:
Setbacks
The proposed parking lot expansion meets all the setback requirements set forth in the
C-3, General Shopping Center district code. The petitioner applied for variances to
reduce the parking setbacks but withdrew the request after the City Council tabled �
action on the variances.
Parking
Located on the property are 586 parking spaces. For the use, the code requires 76
spaces. If the use was to change, the speculative parking ratio of one space per 200
square feet of building would require 196 spaces. The proposed expansion will add an
additional 280 spaces.
Landscaping
The petitioner submitted a landscape plan in conjunction with the plat and rezoning
requests. The landsc�pe plan was changed to add additional materials along Fireside
Drive as a condition of the rezoning request. A new plan incorporating the stipulations
approved with these requests should be submitted.
STAFF RECOMMENDATION TO THE PLANNING COMMISSION:
Staff. recommends that the Planning Commission recommend approval of the special
use permit with the following stipulations:
�
1. No cars shall be parked in the boulevard or on any landscaped areas.
Project Summary
SP #97-10, Friendiy Chevrolet/Geo, 7501 Highway 65
�� Page 5
2. The petitioner shall provide curb and gutter along the entire perimeter of the parking
area.
3. The petitioner shall submit a new landscape plan to be approved by the City prior to
the commencement of the parking lot reconfiguration.
4. Barbed wire shall not be installed if the expanded parking area is fenced.
5. The parking lot shall be striped at 10 feet.
6. No cars or other vehicles shall be parked in a manner so as to impede the ftee
travel of vehicles in areas intended as drive aisles.
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SP 97-10, 7501 HIGHWAY 65
A requ+est by Friendly Chevrolet
to�allow expansion of a car
clealership in the G3, General
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C1TY OF FRIDLEY
6431 UNNERSITY AVENUE
FRIDLEY, MN 55432
(612) 571-3450 .
COMMUNI°TY DEVELOPMENT DEPARTMENT
SPECIAL USE PERMIT APPLICATION FOR:
Residential Second Accessory Others
PROPERTY INFORMATION: - site plan required for submittal, see attached
Address: � S o! 1-4 w y l� 5+� �
Property Identification Number. R�a 3� a� 'd�-'r o� �+1� � R ta 3c��F a� oco
Legal Description: Lot ✓ Block Tract/Addition
_
� .. . .._ _ . _ - -
Current Zoning: � Square footagelacreage: �-p P rc% k 3�c� es -
Reason for Special Use: P�•-K � N o F �� o��. S e.v-� `. cG � �oMev s
c�.�•,� C��Pa�`/ o�..�,v �d Ue. ��t�s a,r v�eSa\�
Have you operated a business in a city which required a business license?
Yes ✓ No If Yes, which city? F�-: � �e.
If Yes, what type of business? �.�Mo�O � 1e- e..a,.�c s G.� P
Was that license eyyer denied or revoked? Yes No ✓
��
FEE OWNER INFORMATION (as it appears on the property title) �
(Contract purchasers: Fee owners must sign this form prior to processing)
NAME: O�.0 �o �d S'n� c.
ADDRESS: �� 01 !�-w (oS N E 'F'v� �\e ►�t �.? �E3 0l
DAYTIME PHONE: � 81� — b� o o SIGNATUR DATE• �
� �
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PETITIONER INFORMATION �
%.�r�iSr��: ` o e v 3� �l O o�
ADDRESS: �5�: t�lw b N� F�: le �►�
DAYTIME PHONE: _7$ �o — 6 l o o SIGNATUR DAT :�
� 3 '�
Section of City Code:
FEES
Fee: $100.00 �„2,v� Residential Second Accessory $400.00 �Others
Application Number: � 7- i�'� Receipt #: Received By:
Scheduled Planning Commission Date: ��P�,Y1 �C7P.P� �
Scheduled City Council Date:
10 Day Application Complete Notification Date:
60 Day Date:
CITY OF FRIDLEY PUBLIC HEARING NOTICE �
BEFORE THE PLANNING COMMISSION
TO: All property owners/residents within 350 feet of property
generally located at 7501 Highway 65.
CASE NUMBER: Special Use Permit, SP #97-10
APPLICANT: Ron Steiter, Friendly Chevrolet
PURPOSE: To allow the expansion of an automobile sales facility.
LOCAT/ON OF Generaify located at 7501 Highway 65.
PROPERTYAND
LEGAL Lot 1, Block 1, Friendly Chevrolet Addition
DESCR/PT10N:
DATE AND TIME OF Planning Commission Meeting:
HEAR/NG: Wednesday, November 5, 1997 at 7:30 p.m.
The Planning Commission Meetings are televised live the night
of the meeting on Channel 35. �
PLACE OF Fridley Municipal Center, City Council Chambers
HEAR/NG: 6431 University Avenue N.E., Fridley, MN
HOW TO 1. You may attend hearings and testify.
PARTICIPATE: 2. You may send a letter before the hearing to Scott Hickok,
Planning Coordinator or Michele McPherson, Planning
Assistant, at 6431 University Avenue N.E., Fridley, MN 55432
or FAX at 571-1287.
SPEC/AL Hearing impaired persons planning to attend who need an
ACCOMODATIONS: interpreter or other persons with disabilities who require
auxiliary aids should contact Roberta Collins at 572-3500
no later than October 29, 1997.
ANY QUESTIONS: Contact either Scott Hickok, Planning Coordinator at 572-3599
or Michele McPherson, Planning Assistant at 572-3593.
Publish: October 30, 1997 (Fridley Focus)
November 4, 1997 (Mpls. Star/Tribune)
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,� pLANNING C�1�lISSION MEETING, OCTOBER 1, 1997
PAGE 6
�5. The petitioners shall provide e correct legal description
of the alley to be vacated, 'ncluding the triangular-shaped
property next to 6007 3rd treet N.E. �
UPON A VOICE VOTE, ALL VOT G AYE, CHAIRPERSON SAVAGE DECLARED TEE
MOTION CARRIED UNANIMQU -
Ms. McPherson state the City Council would review this item at
their meeting of ctober 13, 1997.
2. PUBLIC HEARING: CONSIDERATION OF A REZONING, ZOA #97-04, BY
BOLTON & MENK:
To rezone property from M-4, Manufacturing Only, to C-3,
General Shopping Center, on the North 330 feet of the
Southeast 1/4 of the Northwest 1/4 of Section 12, Township
30, Range 24, and all that part of the Northeast 1/4 of the
Northwest 1/4 lying south.of the north 1120 feet thereof,
Section 12, Township 30, Range 24, generally located at 7501
Highway 65 N.E.
MOTION by Mr. Oquist, seconded by Mr. Sielaff, to waive the
� reading of the public hearing notice and to open the public
�hearing.
TJPON A VOICE VOTE, ALL VOTING AYE; CEAIRPERSON SAVAGE DECLARED THE
MOTION CARRIED AND THE PUBI+IC HEARING OPEN AT 7:48 P.M.
Ms. McPherson stated the rezoning request is by Bolton & Menk who
is representing Friendly Chevrolet/Geo located at 7501 Highway 65.
They are requesting a rezoning of approximately 2.48 acres from M-
4, Manufacturing Only, to C-3, General Shopping Center District.
Ms. McPherson stated the subject property is located at the
northeast corner of the intersection of the east Highway 65
service road and Fireside Drive. There are mobile homes to the
south, additional C-3 zoning to the south, and to the east is a
manufacturing plant owned by Brenk Brothers Manufacturing. If
approved, the owner of the property is proposing to expand the
parking area to the rear. Located on the subject property is the
car dealership, Friendly Chevrolet/Geo. A car dealership has been
located on this location since 1971. The Appeals Commission
reviewed a variance request related to the expanded parking area
at their September 24 meeting. The property owner and the
adjacent owner, Brenk Brothers, are also in the process of
proposing a preliminary plat which is the next item on the agenda.
� Ms. McPherson stated there are three criteria used to analyze
rezoning requests:
PL�,NNING CO1�Il�lISSION MEETING OCTOBER 1 1997 pp,� � /"1
1. Compatibility of the proposed use with the proposed district.
Ms. McPherson stated the petitioner is proposing the expansion of
the parking lot. If the plat is approved, the property owner
proposes to expand their parking area to the east by approximately
200 feet. Parking lots are a.permitted accessory use in the C-3
district. The C-3 district, however, does require a special use
permit for automobile uses such as new and used car sales and any
expansions of such uses.
2. Compatibility of the proposed district with adjacent uses and
zoning.
Ms. McPherson stated the M-4, Manufacturing Only District, was
recently adopted to encourage manufacturing uses and to reduce the
number of warehouse/distribution facilities which the City has
seen develop in recent years. The parcel prior to its being
rezoned to M-4 was zoned M-1, Light Industrial. A manufacturing
parcel is located to the east and north of the property. This
zoning pattern in this neighborhood has been established since
1958, based on staff's review of historic zoning maps. The
expansion of the C-3 use to the east would still be compatible
with the adjacent uses and zoning. �
3. Compliance of the proposed use with the proposed district
requirements.
Ms. McPherson stated the petitioner has requested several
variances for the proposed parking lot expansion including a
reduction in the hard surface setback from the public right-of-way
from 20 feet to 7 feet; a reduction in the hard surface setback
from the side lot line (north side) from 5 feet to 0 feet; and to
waive the requirement for curb and gutter along the north side of
the parking lot. The petitioner has requested these variances in
order for the expanded parking area to be consistent with the
existing parking area. The Appeals Commission recommended
approval of these variances 'to the City Council as requested by
the petitioner.
Ms. McPherson stated the petitioner has submitted a landscape plan
which indicates the required screening along Fireside Drive. In
order to provide consistent landscaping along Fireside Drive,
staff is recommending additional street trees be installed in
addition to the proposed hedge. The petitioner is proposing to
install a security fence along the east and north lot lines and is
unsure at this time if the existing fence along Fireside Drive
will be extended along the new parking area or if it will be
removed. A small portion of the fence was removed in conjunction
with the recent building.addition that was completed in 1996. The �
fence now has three strands of barbed wire on top of the chain
e
,^ pI,ANNING CONIl�lISSION MEETING, OCTOBER 1 1997 PA� 8
link. The City Code expressly prohibits the use of barbed wire.
Staff has recommended a stipulation that the barbed wire be
removed as well as no barbed wire installed on the new fence.
Ms. McPherson stated, since the request meets the three evaluation
criteria, staff recommends approved of the request to the City
Council with the following stipulations:
1. Barbed wire shall not be installed on the extended fence and
shall be removed from the existing fence.
2. Three Marshall's Ash, spaced evenly, shall be installed along
Fireside Drive in addition to the proposed hedge.
3. The plat and variance requests shall also be approved.
4. The petitioner shall receive a special use permit prior to
expansion of�the parking lot.
5. Additional hedge materials shall be installed along Fireside
Drive in the area of the "old" parking lot.
i--� 6. Adequate on-site employee and customer parking shall be
provided, on-street parking shall not be allowed.
Ms. Savage asked if there were questions of staff.
Mr. Oquist asked if there had been a similar request from this
dealership within the confines of the place for employee parking.
Ms. McPherson stated in 1996 they completed a substantial addition
for office and showroom and did a small addition to the rear. At
that time, the Appeals Commission and City Council did grant
similar variances for the parking lot. The lot has not been
further expanded from where it was. It was just brought into
compliance through the use of variances.
Ms. Modig stated stipulation #6 talks about adequate on-site
employee and customer parking and no on-street parking will be
allowed. Is that on all three sides?
Ms. McPherson stated this was correct.
Mr. Oquist asked how this would be policed. If he drives up there
and has to park on the street, do they come out and have to move
the car?
n Ms. McPherson stated this would probably not happen. The purpose
for stipulation #6 is that we have had recent code enforcement
complaints regarding the amount and length of on-street parking
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PLANNING CObIlKISSION MEETING, OCTOBER 1 1997 pp�� g
for this location. It has been customer cars, service cars, and
employee cars parked on the street for long periods of time and
causing traffic complaints, etc. Staff is working with the
petitioner through this process to rectify that. This is to
stipulate that they need to park on the site and not on the
street.
Mr. Oquist asked if they needed to install No Parking signs or
paint the curbs yellow.
Mr. Hickok stated that it is anticipated by the nature of folks as
they are shopping for cars that sometimes they would just like to
peruse the lot without pulling in and parking. It is anticipated,
without painting the street or posting signs, there will be some
customers who will park there. The issue here is providing
parking for those who want to park on site and to make sure that
all vehicles being serviced or belonging to employees have a spot
on the lot. The big issue is not the occasional guest who parks
on the street but rather those folks that should be parking on the
lot.
Mr. Sielaff asked if the petitioner could put up signage
indicating customer parking and in that way designate a.certain
portion for customers.
Mr. Hickok.stated he thought that was a excellent idea.
Mr. Sielaff stated he could foresee that the Planning Commission
would pass this for these uses, and it could be taken up by new
cars. What about the Comprehensive Plan and rezoning this? Is
this a significant change for the Comprehensive Plan?
Ms. McPherson stated there will need to be a minor amendment to
the comprehensive plan. However, we have had several minor
changes in the land use designations such as the American Legion.
The City is in the process of updating the plan itself. Staff is
hoping that all of these minor land use changes will occur at the
same time and be presented to the Metropolitan Council at one
time.
Mr. Sielaff stated he thought they should designate customer
parking. The question becomes what amount.
Mr. Honsa stated he is working with the City and he plans to meet
the six additional requirements. He has no problem with those.
Ms. Savage asked if they had any additional comments.
Mr. Stelter stated they had nothing further to add to his
knowledge. '
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PI,ANNING COI�lISSION MEETING, OCTOSER 1, 1997 PAGE 10
Mr. Sielaff asked about a stipulation to designate an area for on-
site parking.
Mr. Stelter stated that is no problem. They are providing parking
now. They do not have enough parking on site for employees. You
will see an occasional car park out front on Sundays because the
lot is closed.
Mr. Sielaff asked what percentage of the additional parking was
going to be designated for customers and for employees.
Mr. Stelter stated the entire back lot will be for customer cars
that will be serviced and for employees. The lot will be
approximately 50/50.
Mr. Sielaff asked if they would object to putting signs there for
customer parking.
Mr. Oquist stated he thought there was some confusion. Mr.
Stelter is talking about cars that will be left outside for
service work. Mr. Sielaff is talking about new/used car customers
^ coming in to browse. Is.there space allocated for that?
Mr. Honsa stated the expansion being put in on the east side will
open up room for the new car buyer. Most people will enter on the
southwest corner or the south and westerly side. On the westerly
side, it is there intention to open up some additional space to
provide for customer parking. The expansion lot is to get
employees parking there and then the people who drop their cars
off for overnight service will park in that additional parking
area. The building expansion has taken up some of the parking.
Mr. Sielaff asked if there would be any new cars in this expansion
area.
Mr. Stelter stated there may be some if space provides for it.
Mr. Sielaff stated his concern is that they would put many new
cars back there and then there would not be enough_room for
customer parking. This could result in the customers parking on
the street again. He is trying to get an idea of how much signage
would be adequate.
Mr. Stelter stated he would rather not put signs up. If they open
up the entire front of the building, that should be enough space
for customers.
'^` Mr. Honsa stated they could work with staff to see what they feel
would be adequate.
PLANNING COI�tISSION MEETING, OCTOBER 1, 1997 PAGE 11
Mr. Oquist stated they just don't want all new cars in the new
area and then get the same parking situation again. He thought
staff could work that out with the petitioner.
Mr. Brenk stated he was one of the owners of Brenk Brothers, Inc.,
the property directly to the east of Friendly Chevrolet. They are
in favor of this property transfer overall. It is still pending a
formal agreement between themselves and Friendly Chevrolet, but it
is a logical move to make this swap. There are three issues that
he wanted to mention, and some may apply to the following rezoning
request. First, as the platting occurs, they want to separate any
property as a separate parcel and that parcel may stay as an M-4,
Manufactory Only, future expansion. Second, they need to define
and confirm the status of the storm drainage pond. He was not
sure of the definition. They were not sure at this point whether
to consult an engineer to see if the pond is going to require
additional storm conveyor or, as this is defined, if there is any
future liability they need to be concerned with or any safety
issues. Third, they share the parking issue concerns. There are
times when Friendly Chevrolet employees have parked on their
property and on the street. They share some of those concerns as
well.
MOTION by Mr. Sielaff, seconded by Mr. Oquist, to close the public
hearing.
UPON A VOICE VOTE, ALL VOTING AYE, CSAIRPERSON SAVAGE DECLARED THE
MOTION CARRIED AND TgE pUgLIC HEARING CI�OSED AT 8:05 P.M.
Mr. Sielaff stated he would like to see added to stipulation #6
that the petitioner shall provide adequate customer parking
signage as agreed to with City staff. Otherwise, he is
comfortable with the recommendation.
MOTION by Mr. Sielaff, seconded by Mr. Oquist, to recommend
approval of Rezoning, ZOA #97-04, by Bolton & Menk to rezone
property from M-4, Manufacturing Only, to C-3, General Shopping
Center, on the North 330 feet of the Southeast 1/4 of the
Northwest 1/4 of Section 12, Township 30, Range 24, and all that
part of the Northeast 1/4 of the Northwest 1/4 lying south of the
north 1120 feet thereof, Section 12, Township 30, Range 24,
generally located at 7501 Highway 65 N.E., with the following
stipulations:
1.
Barbed wire shall not be installed on the extended fence and
shall be removed from the existing fence.
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2. Three Marshall's Ash, spaced evenly, shall be installed along ^
Fireside Drive in addition to the proposed hedge.
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PLANNING CO1�Il�IISSION MEETING, OCTOBER 1, 1997 PAGE 12
3. The plat and variance requests shall also be approved.
4.
5.
The petitioner shall receive a special use permit prior to
expansion of the parking lot.
Additional hedge materials shall be installed along Fireside
Drive in the area of the "old" parking lot.
6. Adequate on-site employee and customer parking shall be
provided, on-street parking.shall not be allowed. The
petitioner shall provide adequate customer parking signage as
agreed to with City staff.
UPON A VOICE VOTE, ALL VOTING AYE, CAAIRPERSON SAVAGE DECLARED THE
MOTION CARRIED UNANIMOIISLY.
Ms. McPherson stated the City Council would review this item at
their meeting of October 13, 1997. _
3. PUBLIC HEARING: CONSIDERATION OF A PRELIMINARY PLAT, P.S.
#97-03, BY BOLTON & MENK:
To replat three lots into two, on the North 330 f et of the
Southeast 1/4 of the Northwest 1/4 of Section 1, Township
30, Range 24, and all that part of the Northe st 1/4 of the
Northwest 1/4 lying south of the north 1120 eet thereof,
Section 12, Township 30, Range 24, genera y located at 7501
Highway 65 N.E.
MOTION by Mr. Oquist, seconded by Ms.
of the public hearing notice and to c
UPON A VOICE VOTE, ALL VOTING AYE,
MOTION CARRIED AND THE PUBLIC HEA�
,a�g, to waive the reading
the publi.c hearing.
IRPERSON SAVAGE DECLARED THE
OPEN AT 8:08 P.M.
Ms. McPherson stated the plat equest is by Bolton & Menk on
behalf of Friendly Chevrolet eo and also Brenk Brothers
Manufacturing. The propos preliminary plat is to re-subdivide
three parcels into two. he request is for parcels located at
7501 Highway 65 and 749 Central Avenue. __
Ms. McPherson state the analysis of the preliminary plat�
indicates that bo lots as indicated by the plat meet the minimum
lot area and lot idth requirements for both the M-4,
Manufacturing ly, and C-3, General Shopping Center districts.
The current platted lot configuration indicates there are three
parcels. T ere is a dividing line to the east of the Friendly
Chevrolet eo parcel. There is a vacant parcel to the north of
the Bre Brothers and also the Brenk Brothers property which
exten the same distance as the property to the north. The land
CITI( OF FRIDLEY
APPEALS COMMISSION MEETING, SEPTEMBER 24, 1997
ROLL CALL:
Vice-Chairperson Beaulieu called the September 24, 1997,
to order at 8:02 p.m.
ROLL CALL:
Members Present:
Members Absent:
Carol Beaufieu, Ken Vos, T,�
Larry Kuechle
Mau
Others Present: Michele McPh n, Planning Assistant
Dennis Ho , Bolton & Menk
Ron Ste r, Friendly Chevrolet
Roge oody, Friendly Chevrolet
Commission meeting
TI by D. Vos, seconded by Ms. Mau, to approve the August 27, 1997, Appeals
Commissio minutes as written.
UPO A VOICE VOTE, ALL VOTING AYE, VICE-CHAIRPERSON BEAULIEU
D LARED THE MOTION CARRIED UNANIMOUSLY.
1. PUBLIC HEARING• CONSIDERATION OF A VARIANCE REQUEST VAR #97
15. BY BOLTON & MENK INC :
Per Section 205.15.05.D.(5).(a) of the Fridley Zoning Code, to reduce the hard
surFace setback from the public right-of-way from 20 feet to 7 feet;
Per Section 205.15.05.D.(5).(b) of the Fridley Zoning Code, to reduce the hard
surFace setback from the side lot line from 5 feet to 0 feet;
Per Section 205.15.05.D.(3) of the Fridley Zoning Code, to eliminate the
requirement for curb and gutter around the parking area;
To allow the expansion of the vehicle sales area and customer parking facilities on
the north 330 feet of the SE 1/4 and all that part of the NE 1/4 of the NW 1/4 lying
south of the north 1120.00 feet thereof, generally located at 7501 Highway 65 N.E.
(Friendly Chevro(et/Geo).
MOTION by Ms. Mau, seconded by Dr. Vos, to waive the reading of the public hearing
notice and to open the public hearing.
UPON A VOICE VOTE, ALL VOTING AYE, VICE-CHAIRPERSON BEAULIEU
DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING OPEN AT 8:03
P.M.
21.22
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� APPEALS COMMISSION MEETING, SEPTEMBER 24 1997 PAGE 2
Ms. McPherson stated the variance requesf is by Bolton & Menk representing Friendly
ChevroleUGeo located at 7501 Highway 65 N.E. The three-part request is to reduce the
hard surface setback from the public right-of-way from 20 feet to 7 feet; reduce the hard
surface setback from the side lot line from 5 feet to 0 feet; and eliminate the requirement
for curb and gutter around tf�e parking area. The subject parcel is located in the
northeast comer of the intersection of Fireside Drive and the east Highway 65 service
road. . � �
Ms. McPherson stated that in addition to this request, the petitioner is processing a plat
request, a rezoning request, and a special use permit. The plat and rezoning requests
are in conjunction with the owner of the property located at 7490 Central Avenue, also
known as the Brenk Brothers Manufacturing faciliiy. Friendly Chevrolet has purchased
the vacant parcel to the east of and directly adjacent to the existing car dealership. The
Brenk Brothers building is generally in the southeast comer of the site. A large portion of
the Brenk Brothers property is currently vacant. The replat of the subject property and its
adjacent neighbors will create an expanded area for the car dealership directly to the east
of the existing dealership. In exchange, Brenk Brothers will receive property located to
their north creating a north/south parcel rather #han the existing east/west parcel. They
are essentially swapping land. This request is related to the proposed parking lot
�'`� expansion which will ocxur on the newly acquired property. In order to do the expansion,
this area will need to be rezoned C-3, General Shopping Center District, as the existing
site is currently zoned and will also need a special use permit to allow expansion of the
car dealership use.
Ms. McPherson stated that in 1996, the petiitioner constructed finro additions to the car
dealership—one was 84 feet x 84 feet and another 44 feet x 21 feet. A two-story addition
occurred in the front and provided new office and showroom facilities. When the
petitioner proposed the expansion, they also requested several variances to correct
existing conditions on the site. Variances were granted to reduce the hard surFace along
a public right-of-way to 13 feet and 7 feet along Fireside Drnre. A variance was also
granted to reduce the hard surFace setback from 5 feet to 0 feet along the north properly
line. Along this property line, the petitioner has some shared parking with the Kurt
Manufacturing building to the north, which is zoned M-4, Manufacturing Only. They also
have a special use permit on the Kurt Manufacturing site use to allow parking of new
vehicles. A temporary variance was also approved to waive the curb and gutter
requirement for three years along the south property line in anticipation that the petitioner
would be constructing additions to the service area and expanding the paricing lot.
Ms. McPherson stated the petitioner. has requested a variance similar to what was
granted in 1996 to match the curb lines along the Fireside Drive right-of-way. The
adjacent area to the east is currently vacant and has no existing pavement. While a
� variance was previously granted, the circumstances on the original site are somewhat
different than on the vacant property and the petitioner has an opportunit�r to provide the
20 foot required setback. This would provide a consistent curb line and setback with the
adjacent property to the east. The compliance with the setback requirement would affect
21.23 -
APPEALS COMMISSION MEETING, SEPTEMBER 24 1997 PAGE 3 �
the proposed parking by reducing the potential number of parking spaces that may be
provided in the expansion area. However, that reduction of potentiai spaces does not
reduce the number that are required by code. The site prior to the expansion provides
586 spaces which is 390 more than required by code. In addfion, the additional setback
would provide the potential for increased landscaping including street trees and other
amenities. In addition to the previously granted variance for the subject property, the City
has previously granted variances of this nature down to 0 feet.
Ms. McPherson stated the second variance is to reduce the setback�to 0 feet along the�
north property line to provide a consistent line as stated by the petitioner's hardship
statement. Staff will present the fact that the site is vacant. It would be unusual to have a
jog when compared to the existing section of this property, but it would provi�e 10 feet of
green space between the closest edge of the Kurt Manufacturing building ar.d the
proposed parking area. When considering this industrial site with other indusfriai siies in
the community, it is not unique. There are no differentiating site conditions and no shared
parking with the adjacent property to the north in the area of the requested variance.
Ms. McPherson stated the third variance is to waive the curb and gutter requirements to
be consistent with the previous approvals along the north property line. However, there is
no shared parking in the area of the variance and the placement of the curb and gutter
would finish the new parking lot off very nicely, provide an aesthetic improvement to the
site and would help direct storm water from running off the site as the proposed grading �"1
does indicate that water should be directed to flow to the shared detention pond between .
the shared properties. � �
Ms. McPherson stated staff recommends denial of this request to the City Council based
on the facts as stated. However, if the Planning Commission chooses to recommend
approval, staff recommends the following stipulation:
1. The related plat, rezoning and special use permit requests shall be
approved.
Ms. Beaulieu stated that when the Planning Commission allowed this in 1996, the
hardship was because it was either existing or shared parking.
Ms. McPherson stated this is correct.
Mr. Honsa stated they are requesting the setback be reduced from 20 feet to 7 feet along
Fireside Drive. The hardship is, if they jog that additional 13 feet, they are going to have
to redesign the entire parking lot. It will disrupt all the traffic pattems. They want to
establish continuiiy. It was granted a year ago� and the existing site is approximately 600
feet long. They are trying to clean up the block there. They are planning two lots. It
would be an approximate 200-foot extension of the previously granted variance. Ms.
McPherson pointed out that she would like to see it go to 20 feet to match the Brenks �
Brothers building. Their curb is not at the 20-foot setback but rather appraximately 40
feet back. If you are looking for continuity between the finro parcels, you would never
arrive at that.
21.24
T"� APPEALS COMMISSION MEETING SEPTEMBER 24, 1997 PAGE 4
Mr. Honsa stated the second request is to reduce the hard surface setback along the
north property line to 0 feet. The fence for the Kurt Manufacturing site goes right up to the
comer of the building and there may be some type of agreement in the future for a shared
driveway through there. By putting green space there now, they are not accomplishing
anything. He did not believe there was any maintenance south of that building. If they
did put in green space, who will maintain it? Kurt Manufacturing runs the fence right to
the building comer and uses the building to divide the property.
Mr. Honsa stated ttiat with the curb and gutter on the north end, they f�ave asked for a
variance along the north property line only. There is an unnecessary cost related to the
curb and gutter. He agreed with staff that it does keep vehicles from going onto a
maintained area. Another purpose of curb and gutter is to direct storm water. The design
of this property is that they are going to take all the adjacent water and channel it across
the proposed addition into a detention pond. From a design purpose, other than trying to
catch a car, there is no real reason to put curb and gutter there. Again, they are asking
for an extension of the variances granted a year ago. This is less than 1/3 the size of the
existing property and is for continuity in both the parking systems in the front and rear of
the building. If they jog the parking, there is an enormous amount of cost to recreate the
parking pattems and relocate light posts from what has existed for numerous years.
� Dr. Vos asked what the use of the proposed parking area would be.
Mr. Moody stated this would basically be employee parking, vehicles from the factories,
and service people.
Dr. Vos stated he noticed that the agenda said to eliminate curb and gutter around the
parking areas. The.summary states stated it is along the north edge of the properfiy.
Which is correct? •
Mr. Honsa stated they are asking for a variance along the north edge to 0-foot setback for
bituminous surfacing with no curb and gutter. The east side will meet all City
requirements including the setback requirements. On the south side, they will meet the
City's requirements for curb. They are asking for the setback due to the traffic pattems.
New curb and gutter will be put along the existing parcel and they would like to extend
that uniformly along Fireside Drive.
Dr. Vos stated he understands there is no curb and gutter along the south edge on
Fireside Drive at this time.
Mr. Honsa stated they do have a portion of curb and gutter from the comer to the first
driveway. They want to put curb in the same place along the south property line. They
� have a variance for 400 feet there. They are now requesting a variance for 200 feet to
the east at the same point.
Dr. Vos asked if there would be any new curb cuts along Fireside Drnre.
21.25
APPEALS COMMISSION MEETING, SEPTEMBER 24,1997 PAGE 5 r--�
Mr. Honsa stated, no. There are two existing curb cuts which will remain in place.
Mr. Honsa stated they would like to get this project completed this year. They do not
know how soon snow will be coming. If there is no snow up until the third week of
November. they could probably get the site paved. In case of an eariy snow and they
cannot pave, they would like to put in Class V and then surFace that as soon as the
weather permits next year.
Ms. McPherson stated they would have to work with staff on this type of thirig. StafF has
previously allowed Class V and then held a bond to insure the lot is completed. This is
done on a case-by-case basis.
MOTION by Dr. Vos, seconded by Ms. Mau, to close the public hearing.
UPON A VOICE VOTE, ALL VOTING AYE, VICE-CHAIRPERSON BEAULIEU
DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING CLOSED AT 8:25
P.M.
Dr. Vos stated it is a different part of the property. He can see the spirit of what the staff
is trying to say, but it seems like it would not give us that much more advantage to adhere
to all three variances. He did not think he would vote against any of the variances. He is
not crazy about it. ^
Ms. Beaulieu stated she was impressed with what the petitioner said which is asking for
continuance of the variance they already have and the continuit�r of the developed
property. She did not see a good reason, as long as it was allowed before, to allow for
this additional property.
Ms. Mau stated she concurred. There is no other way to get it to blend without following
the same line. `
ON by Dr. Vos, seconded by Ms. Mau, to recommend approval of Variance
Request, VAR #97-15, by Bolton & Menk, Inc., to reduce the hard surFace setback from
the public right-of-way from 20 feet to 7 feet; to reduce the hard surFace setback from the
side lot line from 5 feet to 0 feet; and to eliminate the requirement for curb and gutter
around the parking areas; to allow the expansion of the vehicle sales area and customer
parking facilities on the north 330 feet of the SE 1/4 of the NW 1/4 and all that part of the
NE 1/4 of the NW 1/4 lying south of the north 1120.00 feet thereof generally located at
7501 Highway 65 N.E. (Friendly Chevrolet/Geo), with the following stipulation:
1. The related plat, rezoning and special use permit requests shall be
approved.
UPON A VOICE VOTE, ALL VOTING AYE, VICE-CHAIRPERSON BEAULIEU ^
DECLARED THE MOTION CARRIED UNANIMOUSLY.
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� APPEALS COMMISSION MEETING� SEPTEMBER 24 1997 PAGE 6
�
�
Ms. McPherson stated the City Council would consider this request at their meeting of
� October 13.
2.
Ms. McPherson provided an update on Planning Commission and Ciiy C�Cincil actions.
Ms. McPherson stated the Recycling Center is now accepting appl' ce, fluorescent light
bulbs, and scrap metal starting September 20. Residents can e these items to the
center during its operating hours, Tuesday through Saturday :00 a.m. to 5:00 p.m.
There is a fee for appliances and fluorescent bulbs. If yo re a Fridley/NSP customer
and bring your bill, you can drop off fluorescent bulbs no charge.
ADJOURNMENT:
MOTI N by Dr. Vos, seconded by Ms. M�(, to adjoum the meeting.
UPON A VOICE VOTE, ALL VOTI AYE, VICE-CHAIRPERSON BEAULIEU
DECLARED THE MOTION CA IED AND THE SEPTEMBER 24,1997, APPEALS
COMMISSION MEETING A OURNED AT 8:28 P.M.
Respectfully submi�d,
Lavonn�Cg�per � �, � �
Record' �( Secretary
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