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06/17/1998 - 00003346CITY OF FRIDLEY PLANNING COMMISSION MEETING, JUNE 17, 1998 CALL TO ORDER: Chairperson Savage called the June 17, 1998, Planning Commission meeting to order at 7:33 ROLL CALL: Members Present: Diane Savage, Dave Kondrick, LeRoy Oquist, Dean Saba, Larry Kuechle Members Absent: Connie Modig, Brad Sielaff Others Present: Scott Hickok, Planning Coordinator Tim Yocum, 2719 Stillwaer Rd., Stillwater, Yocum Oil Jon Yocum, 2719 Stillwater Rd, Stillwater, Yocum Oil Tony Yocum, 9585 Bluegill Rd, Woodbury, Yocum Oil Barb Schneider, 1405 Rocky Lane, Eagan, Doug Sinclair, 234 Kennard St., St. Paul, Tenant Services, Inc. Andrea Drake, 4061 Highway 65, White Bear Lake Tony Yocum, 2719 Stillwater Rd., St. Paul, Yocum Oil AI Quam, 399 - 73rd Avenue, Fridley Michael Radovich, 1171 Englewood Ave, St. Paul, CeIINet Susan Faurer, 2010 W. 21St St., Minneapolis, CeIINet Tom Frerich, 414 Nicollet Ave., Minneapolis, CeIINet Paula Beck, 150 S. 5t" St., Minneapolis, CeIINet APPROVAL OF JUNE 3, 1998, PLANNING COMMISSION MINUTES: MOTION by Mr. Oquist, seconded by Mr. Kondrick, to approve June 3, 1998, Planning Commission minutes as written. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY. PUBLIC HEARING: CONSIDERATION OF SPECIAL USE PERMIT, SP #98-07, BY TIM YOCUM, YOCUM OIL COMPANY, INC.: To allow an automobile service station, motor vehicle car wash, and a"drive-in" type of establishment on Tract A, Registered Land Survey No. 78, generally located at the southeast corner of 73rd Avenue and University Avenue PLANNING COMMISSION MEETING. JUNE 17, 1998 PAGE 2 MOTION by Mr. Kondrick, seconded by Mr. Kuechle, to waive the reading of the public hearing notice and to open the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING OPENED AT 7:35 P.MN. Mr. Hickok stated Tim Yocum of Yocum Oil has requested a special use permit to allow a motor fuel operation and a car wash for the proposed development at the southeast corner of the University Avenue and 73rd Avenue. A sign variance has also been requested to allow an additional 40 square feet to a free-standing sign on this site. Mr. Hickok stated the property is zoned C-2, General Business. The property is surrounded by M-2, Heavy Industrial, to the east and southeast; some M-1, Light Industrial, and C-2, General Business, across University; and a mix of R-2, Two Family Residential, and R-1, Single Family Residential to the north. Mr. Hickok stated the code requires a special use permit for an automobile service station and motor vehicle fuel and oil dispensing services. The petitioner has made it clear that they do not intend to operate a service station in conjunction with this proposal. The application is for the motor vehicle fuel and oil dispensing services section of the code. The code also requires a special use permit for a motor vehicle wash establishment. The petitioner is proposing to construct a 1,600 square foot brick, block, and glass drive-through car wash at the southwest corner of the site. Included in the proposal is a 4,968 square foot brick, block, and glass building with a standing seam metal roof. Taco Bell and Texaco convenience store will share the use of the building. A canopy with 16 fuel pumping stations is also proposed Mr. Hickok stated that in 1997, this site was rezoned from M-2, Heavy Industrial, to C-2, General Business. At that time of the rezoning, Joel Harding of Dolphin Development presented a site plan that was nearly identical to the current proposal. A drive-through for Taco Bell has been proposed behind the convenience store and restaurant building. In order to accommodate the drive-through and screen it from the neighborhood and provide proper stacking distance for cars waiting at the menu board, the building was moved closer to University Avenue. That distinction is different from the original site plan by Joel Harding. Mr. Hickok stated a berm and landscape plan has been submitted to provide that screening. This has been in an effort to keep this use separate from the neighborhood to the north and to somewhat mimic the natural vegetation and conditions that currently exist on the site. Mr. Hickok stated no doors have been planned on the back side of the building to eliminate the possibility of rear deliveries on site. Again, this was done to minimize the impacts of this use on the adjacent site. However, the Building Inspection Department may require a door for an emergency exit only. PLANNING COMMISSION MEETING. JUNE 17, 1998 PAGE 3 Mr. Hickok stated that the sign variance went before the Appeals Commission on June 10, 1998. A motion to approve the sign variance from 80 square feet to 120 square feet failed by a 2-2 tie vote. Both the sign variance and the special use permit will go to the City Council on July 13, 1998. Mr. Hickok stated the staff is recommending that the Planning Commission approve this special use permit with the following stipulations: All signs shall be reviewed and approved by staff to assure compliance with Chapter 214 of the City Sign Code. 2. The petitioner shall submit a performance bond in the amount of 3% of the construction costs prior to issuance of a building permit. 3. The petitioner shall install underground irrigation for the landscape areas surrounding the site. 4. The petitioner shall comply with all outdoor storage requirements. 5. The petitioner shall comply with all outdoor sales and storage provisions of Chapter 205 of the City Code. 6. The petitioner shall install all waste trap and filtration devices as required by the Building Code for Car Wash facilities. 7. The petitioner shall install adequate informational signage on site to assure proper flow of traffic around the building and to assure that cars stacked waiting entrance into the drive-through or car wash do not block circulation on site. 8. The petitioner shall assure that all use of the intercom on this site is for instructional and emergency purposes only. Intercom volume shall be set so intercom message does not carry beyond the property. 9. All parking stall dimensions shall meet the Code required specifications. 10.A photometric lighting plan shall be submitted to allow a review of the lighting design and allow staff to analyze impacts to the nearby residential neighborhood. 11.A11 canopy faces shall be restricted to the light from within the signs; no additional canopy face lighting shall be permitted. 12. The car wash window openings shall be filled with glass block. PLANNING COMMISSION MEETING. JUNE 17, 1998 PAGE 4 Mr. Hickok stated the building, as proposed, will sit at an angle at the northeast corner of the site. The drive-through goes around the north side of the building and exits to a new right-in, right-out access point onto 73rd Avenue. The drive has been landscaped both inside and outside the drive to downplay the building and the use on the site. Mr. Hickok stated the pump islands are in front of the convenience store with a covered canopy. The 1,600 square foot car wash facility is located adjacent to University Avenue on the southwest edge of the site. A holding pond is located In front of the site. Mr. Hickok stated the building has been designed tastefully with an architectural combination of brick and stucco. The building has a residential-style roof that helps downplay the commercial "flat-roof" appearance and to blend better with the residential area. Mr. Hickok stated the car wash architecturally mimics the principal building. There are windows on the University Avenue side of the car wash building. The proposed glass windows are a nice architectural treatment as they break up what could be a very plain facade. However, in reviewing this site and other sites, staff was concerned that glass windows are very nice when they are new, but as the car wash ages, humidity is inevitable. The windows won't stay clean; they will become foggy, taking on an unkempt appearance. The interior of the car wash will also look very nice at first, but as the mechanisms begin to rust, the interior of the car wash is not as presentable as it was when it was new. For these reasons, staff is recommending (in stipulation #13) glass block instead of the clear glass. Staff believes that glass block would still provide the daylight and minimize the "tunnel" effect for those people who become claustrophobic in car wash situations. Glass block would still look nice on the outside architecturally but it would not allow the unsightliness as the car wash ages. Ms. Savage asked about the Appeals Commission's decision on the sign variance. Mr. Hickok stated four members were in attendance at the Appeals Commission who discussed the sign variance from 80 square feet to 120 square feet for a combination Taco Bell/Texaco logo, a insignia for a cash machine, and the fuel prices. Two members voted in favor of the variance and two members voted to deny the variance. Mr. Tim Yocum, Yocum Oil Company, stated he is at the meeting with other family members and partners in the development. He stated Yocum Oil is a family business, founded in 1959 by his grandfather, and it is now owned and operated by family members. The business they own and operate is a full service retail and convenience distributorship. The part that is before the Planning Commission is part of their Texaco wholesaler operation and gas/convenience operation. They own and operate seven gas/convenience stores, and they are also a wholesaler for other dealers. They rely on strong dealers and quality operators, and one of the people they were trying to convert into their network was Andrea Drake, He stated Andrea Drake has been in business since 1974 with two oil Amoco gas/ convenience/Certicare service PLANNING COMMISSION MEETING. JUNE 17, 1998 PAGE 5 stations/diagnostic centers in North Oaks and White Bear Lake. Yocum Oil operates gas/convenience stores in Maplewood, Eagan, Inver Grove Heights, Shoreview, Turtle Lake, Wisconsin, Cottage Grove, and one under construction in Lakeview. Mr. Tim Yocum stated they had been working with Dolphin on a number of different projects, and Dolphin brought this site to their attention. He stated they then tried to take the project that had already been approved and mirror it the best they could. They have worked with their architects and engineers to try to address any issues from the past. Mr. Tim Yocum stated the site was too big to take on by themselves so they started looking for another user, and Taco Bell was interested in being a co-tenant on this project. He stated he believed their architects have designed a building that is consistent with what the neighborhood demands and what the consumers and traffic along Highway 47 demand. They have tried to create a building that is very attractive, yet be a new image which will set a new trend in the City of Fridley. Mr. Tim Yocum stated the car wash building is also consistent with what they tried to do with the main building. He stated there are a couple of reasons why they would like to have clear glass instead of glass block windows n the car wash: 1. Security - The ability to see into the car wash provides a great advantage for them and their customers for security reasons. Also, some customers get a little claustrophobic in a car wash, and it gives them a sense of security to be able to look outside and see what is going on around them. 2. Marketinq - To drive down University Avenue and to see that there is activity in the car wash is a very important marketing tool for them. Mr. Tim Yocum stated that in asking their Director of Operations about glass block, his comment was that it has been considered, but in doing their research, they found that it mildewed too often and there was mold in the grout between the glass blocks. The entire interior of the car wash will be built with cleanable services. As is typical for a lot of car washes, they use a apoxy paint which covers the walls and provides some protection. They are now switching over to a product called Sanitel, which is a smooth seal-coated covering over the blocks which provides a strong protection against the acids beyond what the apoxy paints can provide. Mr. Tim Yocum stated they are proposing a 80 foot long car wash building, longer than the typical 46 ft. length. The mini-tunnel car wash does provide a lot more ventilation. Also, with the 80 feet, there is more radiant heat which controls the temperature better and control the steam and fog. They are spending more money on the car wash for a reason—they want to have a quality car wash and reduce the wait time for consumers. PLANNING COMMISSION MEETING. JUNE 17, 1998 PAGE 6 Mr. Tim Yocum stated he would also like to address the building signage. Before going to the Appeals Commission, he did ask their architect what is the allowable building signage they would need if the City denied the variance. With the three street frontages, they could have 1,300 square foot of building signage. They are proposing around 300 square feet of building signage. For their architectural design, that is more reasonable. They reduced the variance for the free-standing sign to reduce the clutter of signage on the building. That also blends in with the entire site plan and landscaping plan they are trying to create and the kind of services they are trying to provide inside the store. Mr. Tim Yocum stated that, typically, they have a lot of cameras inside the car wash and the store to provide more security for their employees and customers. Mr. Kondrick stated he liked the project. He liked the design and the brick; however, he wondered if it would be possible to have this brick match other brick buildings along University, such as the new Walgreen building that is being constructed, so there is some continuity. Maybe this could be coordinated with staff. Mr. Tim Yocum stated that is something that could be discussed. Ms. Savage stated she did not necessarily agree that all the buildings had to be uniform as far as type of brick and color. Mr. Oquist asked Mr. Yocum if they had considered any combination of glass block and window glass, or even frosted glass. Mr. Tim Yocum stated they have looked at a kind of tinted window that would not show any mildew or scum. Mr. AI Quam, 399 - 73rd Avenue, stated he would like to see this building be consistent with the adjacent existing developments. He would be concerned about having a door in the back of the building. If a door is put in, the neighbors would like to see how it is going to look. He wanted to make sure the berm in back of the building is adequately high, adequately landscaped, and adequately maintained. A sprinkler system is not a guarantee that the landscaping will be maintained. He wanted the assurance that Yocum Oil will truly follow this plan and build the berms the way they are proposed. Northco did not do that across the street. Mr. Oquist stated that regarding the door in back of the building, staff has explained that the only door that might go in there is an emergency door. Mr. Hickok stated an emergency door may be required by the building code. If a door is required, he believed it would be a steel door and painted out so it would be unobtrusive. It would not be used for deliveries. PLANNING COMMISSION MEETING. JUNE 17, 1998 PAGE 7 Mr. Tim Yocum stated he did prepare an elevation drawing from approximately the location of Mr. Quam's house looking down west on 73rd Avenue. This would show the elevation of the building in relation to the street elevation. It shows the height of the berm with landscaping on top. With the berm and the additional screening, the lights from cars should go right into the berm. MOTION BY Mr. Kuechle, seconded by Mr. Kondrick, to close the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING CLOSED AT 8:20 P.M. Mr. Saba stated that he liked the project. He personally did not have any problem with the glass windows since there is not that much glass. Since staff has recommended the glass block, he would like to see the petitioner work with staff to try to resolve the glass issue. Mr. Oquist stated he would agree with Mr. Saba. This is a very well thought out project. The landscaping plan is very nice. The only issue is the glass, and maybe there are some alternatives that can be worked out with staff. Mr. Kondrick stated he also agreed. It is going to be a nice project for this area. Mr. Kuechle stated he would be willing to change stipulation #13 to state that the petitioners should work with City staff to mitigate the problem of the windows. Ms. Savage stated that maybe they should just leave stipulation #13 as recommended by staff and let the petitioner and staff work this out. She also did not see the glass windows as being a big problem. She goes to car washes a lot and she did not see the need for that feeling of security. She did not even see the need for windows. How does the Commission want to handle this? Mr. Kuechle stated he would like stipulation #12 to be explicit that the petitioner has to work out the details on the windows with City staff. The Commissioners agreed. MOTION by Mr. Kondrick, seconded by Mr. Kuechle, to recommend to City Council approval of special use permit, SP #98-07, by Tim Yocum of Yocum Oil Company, Inc., to allow an automobile service station, motor vehicle car wash, and a"drive-in" type of establishment on Tract A, Registered Land Survey No. 78, generally located at the southeast corner of 73rd Avenue and University Avenue with the following stipulations: All signs shall be reviewed and approved by staff to assure compliance with Chapter 214 of the City Sign Code. PLANNING COMMISSION MEETING. JUNE 17, 1998 PAGE 8 2. The petitioner shall submit a performance bond in the amount of 3% of the construction costs prior to issuance of a building permit. 3. The petitioner shall install underground irrigation for the landscape areas surrounding the site. 4. The petitioner shall comply with all outdoor storage requirements. 5. The petitioner shall comply with all outdoor sales and storage provisions of Chapter 205 of the City Code. 6. The petitioner shall install all waste trap and filtration devices as required by the Building Code for Car Wash facilities. 7. The petitioner shall install adequate informational signage on site to assure proper flow of traffic around the building and to assure that cars stacked waiting entrance into the drive-through or car wash do not block circulation on site. 8. The petitioner 9. The petitioner shall assure that all use of the intercom on this site is for instructional and emergency purposes only. Intercom volume shall be set so intercom message does not carry beyond the property. 10. All parking stall dimensions shall meet the Code required specifications. 11.A photometric lighting plan shall be submitted to allow a review of the lighting design and allow staff to analyze impacts to the nearby residential neighborhood. 12.A11 canopy faces shall be restricted to the light from within the signs; no additional canopy face lighting shall be permitted. 13. The petitioner shall work with City staff on a reasonable solution for the car wash window openings. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY. 2. PUBLIC HEARING: CONSIDERATION OF SPECIAL USE PERMIT, SP #98-09 BY CELLNET DATA SERVICES (MSP), INC.: To allow wireless telecommunication facilities in an M-2, Heavy Industrial District, generally located at 40 - 77t" Way MOTION BY Mr. Kondrick, seconded by Mr. Saba, to open the public hearing. PLANNING COMMISSION MEETING. JUNE 17, 1998 PAGE 9 UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING OPEN AT 8:30 P.M. Mr. Hickok stated CeIINet Data Services has requested a special use permit to allow the installation of a wireless telecommunications facility on an existing electrical tower. The tower is owned by NSP and is located on the Johnson Printing property at 40 - 77t" Avenue. A small 4 foot by 4 foot fenced compound will be required as part of this proposal. The property is zoned M-2, Heavy Industrial. The property is surrounded by M-2, Heavy Industrial, on the east, southeast, north and across the rail line. R-3, General Multiple, M-1, Light Industrial, and R-1, Single Family Residential zonings are farther south across the rail line. Mr. Hickok stated that in November 1997, the City adopted Ordinance No. 1112 regarding telecommunication towers and facilities. The ordinance identifies permitted sites for telecommunication towers. Several sites have been identified as an overlay on the City's zoning map. Outside of those permitted locations, towers and facilities may be permitted in the M-1 through M-4 districts by special use permit. Ordinance No. 1112 is very specific about location, approval process, plan requirements, landscape requirements, access drive locations, lighting, etc. The ordinance, however, will require modification to allow the micro-cell technology that is proposed to communicate with the master cell before the Commission at this meeting. Mr. Hickok stated micro-cell devices provide an automated meter reading system for NSP. After Ordinance No. 1112 has been modified to provide for these devices and the controllers have been installed, the customers will have automated meter reading mechanisms. NSP's meter readers, for a short period, will continue to manually read the meters to make sure the system is functioning properly, but this automated meter reading system will certainly streamline NSP's process. Numerous locations have been identified for controller devices in the City of Fridley. What is being proposed for a special use permit is a master cell that would communicate with all these locations. Mr. Hickok stated staff is recommending approval of this special use permit with the following stipulations: 1. The petitioner or successors shall install and maintain the proposed equipment so that it blends into the surrounding environment. 2. A non-corrosive finish shall be used to match the color of the existing structure. 3. The tower shall not be artificially illuminated except as required by the Federal Aviation Administration (FAA). 4. A city staff approved landscape plan shall be filed with the City prior to issuance of a building permit for this facility. PLANNING COMMISSION MEETING. JUNE 17, 1998 PAGE 10 5. The facility shall be designed to discourage unauthorized entry. 6. A building permit shall be obtained prior to commencement of installation of any facility equipment on this site. 7. No signs other than warning or equipment information signs are permitted as part of this application. 8. The petitioner or successors shall initiate a text amendment to the City of Fridley's Ordinance No. 1112 as it relates to the placement of micro-cell facilities in the community. Mr. Oquist asked why there is a need to modify the ordinance. Mr. Hickok stated at the time the City adopted the ordinance, it was looking at the first round of technology, the T-2, large tower technology, and it anticipated that T-2, the micro-soft technology was coming. The initial surge the City got from the vendors was the need for the tower locations. CeIINet Data Services is the first to move to the micro-soft technology which the ordinance has not yet addressed. Mr. Tom Frerich, CeIINet Data Services, stated the purpose of this whole entire system was created as an extension to the existing utility system in operation today. He did not think it was a surprise to anyone in the room that the Attorney General's Office scrutinizes the billing practices of NSP on a monthly basis. It is a matter of public record. He did think there has been a lot of concerns over the years in terms of estimating bills and curbing of readings, etc. As they move forward into the 90's and the year 2000, there are a lot of guidelines and recommendations from the MPUC (Minnesota Public Utilities Commission), etc., recommending that utilities offer large industrial and industrial users and individual consumers with better rate plans. All of this is currently on a voluntary basis to the utility companies; however, in the future and as they move toward deregulating the market, it will become more crucial, especially with the influx of bigger players from other markets, to become the new provider of electrical services. Mr. Frerich stated CeIINet has entered into a contract with CeIINet to provide the type of ineter reading services they need now and in the future, for the consumer to get a fair and accurate bill every month as well as to allow large customers better options in terms of their billings. CeIINet offers approximately 44 individual types of rates that will be available to NSP to use and market to the public as well as commercial and industrial users. It allows NSP to capture data better. Ms. Savage asked Mr. Frerich if he had any problems with the stipulations as recommended by staff. PLANNING COMMISSION MEETING. JUNE 17, 1998 PAGE 11 Mr. Frerich stated he had a problem with stipulation #8, and he would ask that this stipulation be deleted. His reason for that is if you look at the type of service they are in now and look at the Ordinance No. 1112, there is a gray or fuzzy area. If they take the ordinance in accordance with Minnesota Statute 237 which is an extension of the Telecommunications Act, it essentially allows for companies like CeIINet that are a direct extension of a utility to be placed in an exempt status from normal telecommunication. They find they cannot comply with that stipulation at this time. Mr. Frerich stated Paula Beck, one of CeIINet's general counselors, could better explain this. Ms. Beck stated these are two separate issues and the stipulation for a text amendment does not relate to what they are actually asking for which is a special use permit to install 3 foot x 3 foot cell master box. Minnesota Statute 237 carves out a small group of services that use telecommunications-type technology, but, in fact, serve utilities. Mr. Hickok stated staff sees the two issues as being connected. The master cell is meant to communicate with the other cells out in the community and as far as the interpretation of the Statute, the City's legal counsel does not concur with CeIINet's interpretation and, therefore, has recommended that they hold fast to the modification to Ordinance No. 1112 that would allow that technology. Mr. Frerich stated they do acknowledge that there is some distinction or cooperative efforts between MCC and the cell master; however, they still believe these are two distinct issues. In the large majority of the metropolitan area, NSP has represented them at these kinds of ineetings and has been able to clearly demonstrate that CeIINet is an extension of its services and is exempt from any special language or ordinances. They also feel at this time that they are not prepared, other than to say they are holding fast to Statute 237, to address the MCC issue. He represents the cell master group and works with City Councils around the community, and he does not always handle the micro-cell issues. Ms. Susan Faurer, legal counsel for CeIINet, stated she just received the staff report that day that included this stipulation, and her question was how the two issues can be brought together for this meeting. It is her understanding that there is a separate application process for the text amendment. Mr. Hickok stated a separate application for a text amendment is what is being requested in stipulation #8. That text amendment relates to modifying Ordinance No. 1112 to include the language of the placement of micro-cell facilities in the City. In terms of connecting the two uses or issues, there is no question that the two are connected. He did not think anyone would dispute the fact that the micro-technology is meant to communicate with this master cell technology. This technology would not stand alone without the other pieces meant to communicate with it. Staff is saying the CeIINet needs to take the technology to the next step by moving the ordinance to the PLANNING COMMISSION MEETING. JUNE 17, 1998 PAGE 12 next step. Staff is certainly willing to work with them to help them understand what that means in terms of a text amendment. Mr. Oquist stated the Commission could go ahead and recommend approval of the special use permit with stipulation #8 as recommended by staff, and then CeIINet and staff can resolve that issue before the City Council. This way the two issues are somewhat separated, but also linked, and CeIINet can move ahead with the special use permit process. Ms. Faurer stated it would be best if the Commission could act on the special use permit for the cell master at this site as it was submitted, because it is useful to NSP regardless of the installation of the MCCs. Then, they would be willing to work with staff on City staff and legal counsel on the MCC issue. Ms. Faurer stated she felt the issues were pretty complicated because of the technology. But, in an effort to simplify the issues, they submitted a special use permit for the installation of a cell master at an antenna site. The City is combining another issue with it that is not resolved, and it is kind of complicated on a technological level. There is also the legal issue of combining the two as well as the state law which has been raised and not been completely explored as to the actual authority to regulate CeIINet's installation of MCCs. That is really what is complicated this. As an extension of NSP, an argument can be made that the City has no authority to regulate the MCC application. That argument can also be extended to the installation of the cell master; but without that issue resolved, the would like to get the special use permit issue resolved first. Mr. Hickok stated he disagreed with the separation of stipulation #8. Mr. Frerich has stated they cannot comply with stipulation #8 and believes the installation of the cell master may be followed by installation of the other equipment without modification to the text. The modification to the text is very important as it relates to CeIINet's installation of other equipment. The City needs to treat telecommunication wireless vendors the same. Staff believes it is very important that the master cell and the micro- cell issues be recognized and be tied together. Mr. Kuechle stated he would also suggest that the Commission recommend approval of the special use permit request with stipulation #8. This would give the petitioners almost a month to resolve the issue before the City Council meeting. Ms. Faurer stated that stipulation #8 does not give them any guidance as to what this ordinance amendment would even encompass. Mr. Hickok stated stipulation #8 says that the petitioners shall apply for a text amendment to the Ordinance No. 1112. That doesn't necessarily mean that CeIINet would have to come up with the language, but rather City staff would modify the text to accommodate CeIINet's facilities. PLANNING COMMISSION MEETING. JUNE 17, 1998 PAGE 13 Mr. Faurer stated this is a timing issue as well. They are here asking for a special use permit for the cell master. Would they then be in a similar situation of having to petition for a special use permit for the micro-cell facilities? Would they be starting at ground zero again? Ms. Savage stated the Planning Commission merely makes a recommendation to the Council, and the Council takes the final action on July 13. So, they have from now until July 13 to resolve that issue. Mr. Oquist stated it is possible that the text amendment could be written so that CeIINet would not have to ask for a special use permit for its micro-cell facilities. Mr. Frerich stated if they use Mr. Hickok's analogy that the micro-cell controller is an extension or is diabolically intertwined with the cell master, then, ultimately, all this falls into one category, and they, in essence, should be addressing the language in Ordinance No. 1112 to include not only MCCs but cell masters as an extension. They then would not need to proceed farther with the special use permit. Mr. Hickok stated the master cell application is on the tower and is directly related to the language about towers and applying for special use permits in industrial districts, which this is, and CeIINet followed the correct process for a special use permit. Staff has been communicating with NSP since November 1997, so NSP should not be surprised by the fact that Fridley City staff has talked about this micro-cell text amendment since the adoption of the ordinance. The two issues are truly tied together, and City's legal counsel disagrees that the MCC issue is as CeIINet staff have described it. Mr. Frerich stated he wanted to make one more clarification. CeIINet has an agreement with NSP to provide this service. CeIINet is also obligated to seek any approvals that are necessary. Although NSP likes to represent themselves in the community, CeIINet has never given NSP any written or verbal approval to speak or act on behalf of CeIINet. Mr. Frerich stated that regarding the timing issue addressed by Ms. Faurer, NSP has set up the areas they want to automate, and they are waiting right now to automate Fridley. CeIINet has contractual obligations to NSP and they either perform the services according to NSP's schedule or file for an exemption to bypass Fridley and either approach it closer to the year 2000 or exempt it permanently. He did not really want to exempt Fridley when all Fridley's neighbors will have these automated services. Mr. Hickok stated the text amendment will not happen before this special use permit goes to City Council on July 13. The text amendment would follow the same process as other text amendments. As long as the petitioners make the application, staff will start the standard text amendment process. PLANNING COMMISSION MEETING. JUNE 17, 1998 PAGE 14 MOTION BY Mr. Oquist, seconded by Mr. Saba, to close the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING CLOSED AT 9:10 P.M. Mr. Kuechle stated he would recommend that the Commission recommend approval of the special use permit with stipulation #8 as recommended by staff. He stated there is no question that the two issues are connected. One without the other is almost useless. By recommending approval and requiring the text amendment, they actually speed the process along as quickly as possible for the petitioner. This gives the petitioners almost a month before the Council meeting to work out any details with City staff and legal counsel. MOTION by Mr. Kondrick, seconded by Mr. Kuechle, to recommend to City Council approval of special use permit, SP #98-09, by CeIINet Data Services (MSP), Inc, to allow wireless telecommunication facilities in an M-2, Heavy Industrial District, generally located at 40 - 77t" Way with the following stipulations: The petitioner or successors shall install and maintain the proposed equipment so that it blends into the surrounding environment. 2. A non-corrosive finish shall be used to match the color of the existing structure. 3. The tower shall not be artificially illuminated except as required by the Federal Aviation Administration (FAA). 4. A city staff approved landscape plan shall be filed with the City prior to issuance of a building permit for this facility. 5. The facility shall be designed to discourage unauthorized entry. 6. A building permit shall be obtained prior to commencement of installation of any facility equipment on this site. 7. No signs other than warning or equipment information signs are permitted as part of this application. 8. The petitioner or successors shall initiate a text amendment to the City of Fridley's Ordinance No. 1112 as it relates to the placement of micro-cell facilities in the community. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY. PLANNING COMMISSION MEETING, JUNE 17, 1998 PAGE 15 3. RECEIVE MAY 27. 1998. APPEALS COMMISSION MEETING MINUTES: MOTION by Mr. Kuechle, seconded by Mr. Oquist, to receive the May 27, 1998, Appeals Commission meeting minutes. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY. ADJOURNMENT: MOTION by Mr. Oquist, seconded by Mr. Kondrick, to adjourn the meeting. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED AND THE JUNE 17, 1998, PLANNING COMMISSION MEETING ADJOURNED AT 9:15 P.M. Respectfully Submitted, Lynne Saba Recording Secretary