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02/11/1991 - 5091OBFICI7IL CITY COU�iCIL 71GENDA COIINCIL IL$STING F$BRIIl1RY 11, 1991 � � FRIDLEY CITY CODNCIL MFETING �� ATTENDENCE SHEET Mon'day, F�bruary 11, 1991 7:30 P.M. PLEASE PRINT NAME, ADDRESS AND ITEM NUMBER YOU ARE INTERESTED IN ITEM PRINT NAME (CLEARLY) ADDRESS NUMBER r+ � N /��t � �2dd��y ��.�� U /u `�1, l�il.t �edIL�KE�1. � �S� i � `71 �-`� �v�� !v� 13� --7, st. wa y �'v � (08�1 S l,lrJ4SK�iw�o �t1 �� /�? � ; ��y �►��.�Er l��%c(�a��Zt� �n ��• �. . '-�o ��- � � o�"/ /�"� � c,e � a'� S� %�C�P.e y�rV/v� � GfiY�f � �� . . . .� � , �.��.. J�eve /.S�C�/1e77% �O 3 b I/tr�'�iur Sf , N'.�_ �v l� c, l� %%� f� =�n/ � 3.c�- s�� r,� r� 14: � ,'C/�� i-1 y i � 1/ � �TP.�t � /— � � �- IP 1,1 P /- //� � �IP �' � � �� 1- ��° /—/P �' ) � �� a tp� � s,�/ �� '` 0 G��C�.-t jr�ol �GC %SS�C /�ob �-��r ��,�� '�-��Y � 5��'�'�� , Jo�.��► ��s' �� ,s ��.�-. � m�.,�. �� p iY�►SS,sS, e p� sf �� t a� � _� ��} � ( ,� �' �1� `i��.�� . � �k� �,�nf �C.w� 1�6 3� b�8� ��,�,� � /�E CRv�f. � �� i s—S',11 � ",�', �l� S-s�� _ �; .. , � - , . ' , , ,. � �r , , r . ,.:�, • ^:� . �"!� .i � ,.�"`� ! • f'�,r 4 �. . .I•^ . ... , �,.:� �`!t�'�� 8;�. 4t Fs , �. . � " . . . � 6 . "'�. . i� . + � ... 4 � FR2DL8Y CITY COIIliCiL lLBBTix3 O� ZEBAIII�IRY ii, 1991 Paq� Z •�: :�� c .� ��i:. Public Hearing on an Ordinance Establishing a New Chapter of the City Code of the City of Fridley, Chapter 127, Entitled "Sexually Oriented Businesses" . . . . . . . . . . . . . . . . . . 1 - 1P Public Hearing on an Ordinance Recodifying Section 205 of the Fridley City Code Entitled "Zoning" by Amendinq Sections 205.14.O1.A, 205.15.O1.A, 205.17.O1.C, and 205.18.O1.0 . . . . . . . . . . . . . . 2 - 2F Public Hearing on a Rezoning Request, ZOA #90-06, by Crysteel Truck Equipment, to Rezone Property from M-1, Light Ir►dustrial, to C-2, General Business, Generally Located at 1130 - 73rd Avenue N.E. . . . . . . . . . . . . . . . 3 - 3BB NEW BIISINE88: Receive the Minutes of the CATV Advisory Commission Meetinq of January 2 3 , 1991 . . . . . . . . . . . . . . . . . . . . 4 - 4H FRIDLEY CITY COIINCIL ItEBTI�Ta OF !$BRIIARY li, 1991 Paqe 3 NEW BIISINESB (CONTINIIED): Receive the Minutes of the Planning Commission Meeting of January 23, 1991: . . . . . . . . . 5 - 5.71 A. Amendment to the Adoption of the Redevelopment Plan for Fridley Town Square Development, to Consider Addinq a Drive-Throuqh Window for a Fast Food Restaurant on the West Side of the Proposed Building. The Property Included in this Redevelopment Plan are � 355 Mississippi Street �. N.E., 368 - 66th Avenue N.E., and 6525 University '�� Avenue N.E. .................. 5.1 - 5.21 ,"�: .................. 5.25 - 5.71 Receive an Item from the Appeals Commission Meeting of January 22, 1991: . . . . . . . . . 6 A. Variance, VAR �90-32, by First Western Development Corporation Special Use Permit, SP #90-19, by Crysteel Truck Equipment to Allow Exterior Storage of Materials and Equipment on that Part of the East 225 Feet of the West 475 Feet of the North Half of the Northeast Quarter of the Southwest Quarter of Section 12, T-30, R-24, Anoka County, Minnesota, Lying North of the South 405.60 Feet of Said North Half of the Northeast Quarter of the Southwest Quarter, the Same Beinq 1130 - 73rd Avenue N.E. . . . . . . . . . . . . . . . . 7 - 7Z �; � N8W BUSINE88 (CONTINZIED): First Reading of an Ordinance to Amend the City Code of the City of Fridley, Minnesota, by Making a Change in Zoning Districts . . . . . . . . . . . . . . . . . . . . . . . . 8 - 8A First Reading of an Ordinance Establishing a New Chapter of the City Code of the City of Fridley, Chapter 127, Entitled "Sexually Oriented Businessesp . . . . . . . . . . . . . 9 - 9M Resolution Supporting the Adoption of an Ordinance on the Siting of Sexually Oriented Businesses Prohibiting their Location Within Certain Specified Distances from Residential Areas, Schools, Churches, Parks and Playgrounds First Reading of an Ordinance Recodifying Section 205 of the Fridley City Code Entitled "Zoning" by Amending Sections 205.14.01.A, 205.15.O1.A, 205.17.01.C, and 205.18.O1.0 . . . . . . . . . . . . . . 10 - lOB First Reading of an Ordinance Recodifying the Fridley City Code, Chapter 125, Entitled "Saunas and Massage Parlors," by Amendinq Section 125.09.06 . . . . . . . . . . . . . 11 - 11A 4 �RIDLEY CITY CODiTCIL l[88TIK3 Ol� �BBRIIARY 11, 1991 Paq� 5 IIEW BIISINE88 (CONTINIIED): t` 'Establish Public Hearinq ,for February 25, 1991, for the 1991 Community Development Block Grants . . . . . . . . . . . . . . . . . . . . . . 12 Rviceive Bids and Award Contract for One Trailer-Mounted Robotic Sewer Rodder Machine . . . . . . . . . . . . . . . . . . 13 - 13B Receive Bids and Award Contract for Repair of Well Nos. 1, 4, and 9 , Proj ect No . 215 . . . . . . . . . . . . . . . . . 14 - 14 D Resolution Requestinq the County of Anoka Establish a Reliable Funding Source for Municipal Solid Waste Abatement Activities . . . . . . . . . . . . 15 - 15A FRIDLEY CiTY COQ�iCiL lLBBTi�Ta Ol� FBBRIIARY ii, 1991 Paqe 6 `�.. :�: ,::_ .1•� ��:.� Resolution Authorizing Changes in Appropriations for the General Fund and the Capital Improvement Fund for the Year 1990 . . . . . . . . . . . . . . . . . 16 - 168 Resolution to the Minnesota State Legislature Opposing the Capping of the Fiscal Disparities Pool at 1991 Levels . . . . . . . . . . . . . . . . . . . . . . . . . 17 - 17B Informal Status Reports . . . . . . . . . . . . . . . . . 18 Claims . . . . . . . . . . . . . . . . . . . . . . . . . 19 Licenses . . . . . . . . . . . . . . . . . . . . . . . . 20 - 20A Estimates . . . . . . . . . . . . . . . . . . . . . . . . 21 AD�70IIRN: • ��.aC �fo� �IOJ1��, ��02�,I� ��E�7C .j�BR.ua�r 11 �017,1991 William J. Nee MaYor Fridley, M N. `1M�X�?t;�,S, �"ern �bfoe is a charter memder of the �ridley �fistoricalSociety; and `Yt�J{��C;�'.,�S, �ern was Pr�si.�ent of tFe Societr� from 1986 to 1990; and tiV�-f��;�S, she has deen the moving force dehindgetting tke �ridley 9fstoricafSociety museum operadle and open to the pud�u; an�L `YUX��t;�S, under �ern'sguicCance and leacfership, $90,000 was raised dy her and other memders to r�emode� the museum and also ma� it hand'uappecfaccessid�e; and ��S, sFie kas painted portions of tfie duil�ing, mowed and sprink,(zd tkegrass, and cleaned for countless hours to ma� that 6uilrting a museurry and 7M�X��;�l,S, �ern andkerhusdand9►-[ah�orc, wfi.o has also vofuntee�dhund�ds of hours, are moving to 91(�welf, lowa; �O`IN79'f�2��0�, B� I?�.,SOL�ED that I,7Nil�'tam �. �1(�e, Maz�or of the Citr� of �rid(zy, heredy proc(.aim th.e week,of �edruary 11 to 1 r as: �ern �►�Coe �iorceer �Cistorian �LUeek, in the City of �ridley. B� I?�"21.1�,7�f��,�SOL`LFED tFiat �"ridley citizens are encouragect to congrntulate the 9►-foes and to visit tke �fistorica�Society museum locatec�at 611 �bf'�ssissippi Street. I�`YV12J1��'.SS 7NX�?�O}; I fuave set my (umd and caused tfce sea� of the City of �ri��ey to de affiXed this 11 th �j of ,�e6�uary,1991. WII..LIAM J. NEE, MAYOR TH8 1[Il�TIIT88 Oa TH8 FRIDLBY CITY COIIIiCIL lLBSTINa OF J�lIRY Z8, 1991 '1'HS lIZNUTSB OF T8E RBaIII.AR l[BSTI�a OF T8S FAIDLEY CITY COIINCIL OB JANtJARY 2 8. 19 91 The Regular Meetinq of the Fridley City Council was called to order at 7:30 p.m. by l�ayor Pro Tem Schneider. PLEDGE OF ALLEGIANCE: Mayor Pro Tem Schneider led the Council and audience in the Pledqe of Allegiance to the Flag. $OLL CALL: MEMBERS PRESENT: Mayor Pro Tem Schneider, Councilwoman Jorgenson, Councilman Fitzpatrick and Councilman Billings MEMBERS ABSENT: Mayor Nee APPROVAL OF MINUTES: � 1 Y! �l �'�� Councilwoman Jorgenson stated that ehe wished to clarify the minutes regardinq Item 8 and the motion to table this item. She stated that she understood the item was tabled until information could be brought back to the Council from the Housing and Redevelopment Authority. She requested, therefore, that the following words be added on Page 9, second paragraph, after the word "item": "until it is reviewed by the Housing and Redevelopment Authority." MOTION by Councilman Fitzpatrick to approve the minutes with the above correction. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Pro Tem Schneider declared the motion carried unanimously. �� ' � •�+I��t� �� MOTION by Councilman Billings to adopt the aqenda as submitted. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Pro Tem Schneider declared the motion carried unanimously. TNTRODUCTION OF NEW FIRE CHIEF-ELECT, CHARLES McKUSICK: Mr. Burns, City Manaqer, introduced the new Fire Chief-elect, Charles McKusick. He stated that Mr. McKusick has been a member of the Fridley Fire Department for twenty years, with ten years as Assistant Chief and five years as Captain. He stated that Mr. McKusick is an instructor at the Minnesota Technical College and a Trustee and President of the Fridley Volunteer Firefighters Relief Association. FRIDLEY CITY COIINCIL 1[SETI�TG OF Jl�TQl�RY Z8, 1991 PAtiE 2 Mr. Burns stated that Mr. McRusick received his Bachelor of Arts deqree from the University of Minnesota and his Juris Doctorate from William Mitchell Colleqe of Law. He stated that Mr. McKusick has written a number of articles which were published in various magazines and holds licenses and certifications in the areas of firefighting, hazardous materiale instructor, emerqency medical technician, and CPR instructor. Mr. Burns stated that Mr. McKusick is married. He and his wife, Dianne, have two children, Rari who is a freshman at St. Olaf Colleqe and Corey who is a freshman at Spring Lake Park High School. He stated that the City is very fortunate in having such an outstanding person replace another man of outstanding caliber, Bob Aldrich. Mr. McKusick stated that he appreciated this appointment and that it is fun starting a second career in the area he enjoys. He stated that he thinks Fridley has an outstandinq Fire Department and that Bob Aldrich has done a marvelous job in developing the personnel in the department. OPEN FORUM, VISITORS: Councilman Billings stated that there.was a recent article in the Star Tribune on the paqe opposite the editorial page regarding light rail transit and automobiles. He stated that the tone of the article was contrary to the Star Tribune's position that we should be adding additional lanes of roadway to move people. Councilman Billings stated the most important part of the article was that in California, because of the pollution, they are not allowing drive-thrus at places like banks and fast food restaurants. He requested that staff review this article to follow up regardinq the issues and bring information back to the Council at a future meetinq. He felt that some positive steps should be taken in this direction before pollution qets out of hand. STATE LEGISLATIVE UPDATE - SENATOR DON FRANK: Mayor Pro Tem Schneider etated that Senator Frank will be at the meeting between 7:30 and 8:00 p.m. to address the Council. He stated that when Senator Frank arrives, the Council will hear his presentation before proceeding with the balance of the agenda items. OLD BUSINESS: 1. APPOINTMENT TO THE APPEAZS COMMISSION: MOTION by Councilman Fitzpatrick to nominate Carol Beaulieu for appointment to the Appeals Commission to the term expiring April 1, 1991. Seconded by Councilwoman Jorgenson. FRIDL�Y CITY COIINCZL l[E$TI�iG OF J71IdiJl1RY 28. 1991 PAQS 3 There beinq no further nominationB, the nominations were closed by Mayor Pro Tem Schneider, and a unanimous ballot was cast for the appointment of Carol Beaulieu to the AppealB Commission. NEW BUSINESS: 2. RFCEIVE THE MINUTES OF THE PLANNING CO1�IIrIISSION MEETING OF JANUARY 9. 1991: A. FSTART.TSH A PUBLIC HEARING FOR FEBRUARY 11 1991 ON AN �RnTNANCE REGULATING TO SEXUALLY ORIENTED BUSINESSES• MOTION by Councilman BillinqB to eet the public hearinq on this ordinance for February 11, 1991. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Pro Tem Schneider declared the motion carried unanimously. B. ESTABLISH A PUBLIC HEARING FOR FEBRUARY 11 1991 ON A ZONING ORDINANCE AMENDMENT TO PERMIT SEXUALLY ORIENTED BUSINESSES IN THE C-2. GENERAL BUSINESS AND C-3 GENERAL SHOPPING CENTER nTSTRICTS AS A PERMITTED USE AND AS A SPECIAL USE IN THE M-1. LIGHT INDUSTRIAL AND M-2. HEAVY INDUSTRIAL DISTRICTS: MOTION by Councilman Fitzpatrick to set the public hearing on this ordinance amendment for February 11, 1991. Seconded by Councilman Billinqs. Upon a voice vote, all voting aye, Mayor Pro Tem Schneider declared the motion carried unanimously. C. F•STABLISH A PUBLIC HEARING FOR FEBRUARY 11 1991 ON A REZONING REQUEST ZOA �90-06 BY CRYSTEEL TRUCK E4UIPMENT TO REZONE PROPERTY FROM M-1 LIGHT INDUSTRIAL TO C-2 GENERAL BUSINESS GENERALLY LOCATED AT 1130 - 73RD AVENUE N.E.: MOTION by Councilwoman Jorqenson to set the public hearinq on this rezoninq request for February 11, 1991. Seconded by Councilman Fitzpatrick. Upon a voice vote, all votinq aye, Mayor Pro Tem Schneider declared the motion carried unanimously. MOTION by Councilman Fitzpatrick to receive the minutes of the Planninq Commission Meeting of January 9, 1991. Seconded by Councilwoman Jorqenson. Upon a voice vote, all voting aye, Mayor Pro Tem Schneider declared the motion carried unanimously. � ��t ��: , c • �_�l� �_� �c: f. :_ �Y '�� Y 4}� _i � fl�Y � Y� � z_�.. � i • �_� ' � � 1�_�_ Y �_� y � � �_ : • • ,�l;_ � • � . . �_� . . , � . � � __ Yl _ � • � ' � • _ � 4 • �_ _� ,11+ � s _ • • _;_ - • • • � _ • • � �! �— � : � � � � � � ,��•sr �t: '�•' � • �!� � �- • ,� � � • • � • • • �;_ � � � t � � Ms. Dacy, Community Development Director, stated that this property is located adjacent to Hiqhway 65 and south of 68th Avenue. She stated that the property is zoned R-3 as are parcels to the north and south, and the property to the east is zoned R-1. She stated that when this buildinq was constructed in 1960, office uses were permitted in an R-3 zoning district. Ms. Dacy Btated that the ordinance has been amended to eliminate office uses as a permitted use in a multiple family district so this building has become a non-confornaing use. She stated that the Siqn Ordinance only permits wall signs to a maximum of three feet and does not address the non-conforminq use. Ms. Dacy stated that there are four parts to this variance request which she outlined as follows: (1) to allow a free-standing sign of 48 square feet in an R-3 zoning district; (2) to allow wall signs using the formula fifteen times the square root of the wall length in an R-3 zoninq district; (3) to increase the heiqht of a free-standing siqn from 6 feet to 7 feet; and (4) to reduce the setback from the property line of a free-standing siqn from 10 feet to 4.9 feet. Ms. Dacy stated that the Appeals Commission recommended approval of all the variance requests. She stated that on the variance reqarding the wall signs, the Commission stipulated that they shall be located on the south side of the building only and shall not be illuminated. She stated that staff had recommended denial of the variance to increase the heiqht of a free-standinq siqn from 6 feet to 7 feet, but the Appeals Commission recommended approval on a 2 to 1 vote. She stated that the petitioner requested a reduction in the setback from the property line to avoid trees blocking the sign. Mr. Denny Phenow, one of the owners of Two P.C. Partnership, was present to answer any questions from the Council. Mayor Pro Tem Schneider asked if the sign was illuminated and if Mr. Phenow understood the stipulation regardinq the wall sign. Mr. Phenow answered both questions in the affirmative. i� FRIDLBY CITY CODNCIL IiE$TINQ Ol� J�NQA1tY Z8. 1991 PAaB S MOTION by Councilwoman Jorqenson to concur with the recommendation of the Appeals Commission and qrant Variance Request, VAR �90-33, to (1) allow a free-standinq siqn of 48 square feet in an R-3 zoninq district; (2) allow wall siqns usinq the formula fifteen times the square root of the wall length in an R-3 zoninq district (the wall siqns shall be located on the south Bide of the buildinq only and shall not be illuminated); (3) increase the heiqht of a free-standing siqn from 6 feet to 7 feet; and (4) reduce the setback from the property line of a free-standinq siqn from 10 feet to 4.9 feet. Seconded by Councilman Billinqs. Upon a voice vote, all voting aye, Mayor Pro Tem Schneider declared the motion carried unanimously. 4. �PPROVAL OF PURCHASE AGREEMENT FOR PROPERTY LOCATED AT 7899 BROAD AVENUE N.E. (RIVERVIEW HEIGHTS): Ms. Dacy, Community Development Director, stated that this property is located on the southeast corner of T9th Way and Broad Avenue and is owned by Marqaret Iverson. She stated that Mrs. Iverson is agreeable to the terms of the purchase aqreement and requested the Council's approval of this aqreement. Ms. Dacy stated in regard to the Morin home, which the City acquired last summer, it would cost too much to upgrade the home and have it moved to another Bite. She Btated that therefore, the Fire Department will be using it as a traininq site. She felt that, however, the Iverson home was a better structure and could be relocated. MOTION by Councilman Fitzpatrick to approve the purchase agreement for the Iverson property at 7899 Broad Avenue N. E. and authorize City officials to execute the document. Seconded by Councilwoman Jorgenson. Upon a voice vote, all votinq aye, Mayor Pro Tem Schneider declared the motion carried unanimously. 5. RESOLUTION NO. 11-1991 APPROVING THE PURCHASE OF REAL ESTATE LOCATED AT 6132 CENTRAL AVENUE N.E.: Mr. Burns, City Manager, stated that it is proposed that the City purchase this property in order to expand Moore Lake Park. He stated that the parcel is located at 6132 Central Avenue and is owried by Garry Pierce of Bismarck, North Dakota. He stated that the property is 120 feet wide by 310 feet long, and the seller will be paying special assessments of $1,270 and taxes will be pro- rated. He stated that the cost to purchase the property is $38,000 and the City will receive possession at closinq. Mr. Burns stated that General Capital Improvement Funds will be used for this purchase. He requested that the Council approve the purchase of the property and authorize a check for $3,800 as earnest money. � FRIDLEY CITY COONCIL l[$BTINa OF JANQl�RY Z8. 1991 PAGB 6 Mayor Pro Tem Schneider aeked if the City Attorney has reviewed this purchase aqreement. Mr. Burns Btated that the City Attorney was the first person to review the aqreement. Mayor Pro Tem Schnefder stated that the City haB no intention of acquirinq parcels throuqh eminent domain, but will acquire parcels if they become available. MOTION by Councilwoman Jorgenson to adopt Resolution No. i1-1991 and authorize a check for $3,800 as earnest money. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Pro Tem Schneider declared the motion carried unanimously. STATE LEGISLATIVE UPDATE - SENATOR DON FRANK: Senator Frank apoloqized to the Council for being late to this meeting. He stated that he was at a meeting in Columbia Heights, and there were a number of questions raised eo he was not able to keep on schedule. Senator Frank stated that one of his major assignments for the next two years is Chairman of the Metropolitan Affairs Committee. He stated that this Committee would fnvolve such areas as the Metropolitan Airport Commission, tiie Sports Commission, the Metropolitan Council, parks, and sewers. He stated that one of the most important items before this Committee will be the favorite topic of this Council, fiscal disparities. Senator Frank stated that he read about the City � s dilemma and felt the Council would like to do something with the formula that regulates the distribution of fiscal disparities. He stated that he has also read how the ta�ayers benefit because of the value to the school district. Senator Frank stated that fiscal disparities is the number one priority of Hennepin County as they have been a loser in fiscal disparities. He stated that they propose to address the distribution of the tax base involvinq new industrial and commercial property. He stated that when there is new construction, the City where this oriqinates receives sixty percent of the improved tax based; however, forty percent of the new tax base is put in a metropolitan wide pool and redistributed. Senator Frank stated that the bill will come before his Committee, and he would like the Councilmembers to help him with his dilemma. Senator Frank stated he understands that Fridley is the only so- called loser, but the taxpayers are winners. He stated that at the moment he feels the bill will be introduced, and he will probably file it and lock the door. He stated that he probably would not be a strong supporter of adjusting fiscal disparities. Senator Frank stated that this afternoon House File 47 was passed which is similar to Senate File 62 relatinq to the suggested budget FRIDLEY CITY COIINCIL l[$$TINa OF Jl�TQARY 28, 1991 PAGB 7 adjustment balancinq act that the Governor proposed the Legislature address. He stated that the House amended the bill with technical changes having no fiscal consequences, a cut of $66,000 from the Governor's budqet, and the other ame»dment concerned dislocated workers. Senator Frank atated that last year the Legislature elected to try and come up with a newly�formed dislocated workers' fund which was to be funded by employers in the State. He stated that if the fund had qone into effect by June of last year, it would have produced about $8 million by January of this year. He stated that the bill did not qo into effect until January of thie year, and the Leqislature authorized borrowing about $3 million from the State Finance Department to train and re-train workers to get dislocated workers back in the work force. He stated that the $3 million would be repaid to the State Finance Department when the bill was in effect. Senator Frank stated that the Governor has agreed to the $3 million repayment, but proposed to take $4.8 million to help balance the budqet and this would devastate the new program. He stated that the House last week stated they would not agree to take $4.8 million, would give only $1.8 million, and insisted that $3 million be left in the dislocated workers fund. Senator Frank stated that the Senate discussed and voted on the bill, and the House version passed 36 to 31 this afternoon. He stated that they will have $3 million in the dislocated workers fund. He stated that he wanted to remind everyone that companies like Pillsbury were tremendous in helping re-train their employees and find new jobs. He stated that Pillsbury sent him a bi-week2y review regarding their dislocated workers. He stated that if all companies in the State were as concerned as Pillsbury about dislocated workers, there would be a question as to the need for a dislocated workers furid. He stated that there is a continued increase in layoffs of workers that should be in the labor force. He stated that he talked with FMC and was told that despite the continuation of the war, they anticipate additional layoffs. He stated that in the bill that was passed, there was a sunset that states the proqram will be out of existence as of June 30, 1992. Senator Frank stated that in regard to aid to local governments, he did not feel that based on what he sees and hears and the thouqht process of cut, cut, cut, that the Legislature will be able to provide local government aid anywhere near the quantity that has come forward in the past. He stated that the League of Minnesota Cities is lobbying to maintain a etatus quo, and he did not see that happeninq. He felt that local governmental units would be hit very hard by the projected shortfall. . Senator Frank stated that due to the shortfall, this means one of two things cities must do--either increase property taxes or cut services. He stated that it is qoing to be very difficult for cities to offer reasonable services and still hold down the tax FRIDLEY CITY COIINCZL lLBBTI�iQ Olr J111dUl�RY 28, 1991 Pl�aS 8 structure. He etated that he is qoing to do whatever he can to hold the fiscal disparities percentage as it ie now. Senator Frank stated that he hoped to be able to come back to the Council on a regular basis, at their invitation, to report proqress or non-proqress in relation to aid to local qovernments and try to address some of the mandates the Leqislature imposes on local qovernments. He stated that it is his hope that as the Bhortfall is addressed, the Leqislature also addresses the mandates. Councilwoman Jorqenson stated that one of the issues"the Council is qoing to address this evening is the S.C.O.R.E. funding. She stated that the mandate for the solid waste abatement is pretty hefty, and the City has put into effect a$10 per year fee to help cover these costs. She stated that ehe felt the City has done their part and was concerned with any loss of this funding. Senator Frank stated that he is convinced there will be very few folks who will not incur the pain of this budget shortfall which includes S.C.O.R.E. fundinq. He stated that recycling is mandatory and essential; however, it is expensive. He stated that the cities take it on the chin whenever there is a State shortfall. Senator Frank stated that he served on the City Council in Sprinq Lake Park for nine years and saw a gradual reduction in the willingness of the State to support essential services on the local level. Councilwoman Jorqenson stated that Fridley is a Charter city and as such does have a levy limit. She asked if the Legislature was qiving any consideration of this situation. Senator Frank stated that the Legislature has not addressed levy limitations that are incorporated into local charters, but there is a change in the levy limitations for local units of qovernment for taxes collected in 1992 and 1993. Mr. Burns, City Manaqer, stated that one of the major needs for the City of Fridley is for housing and redevelopment. He stated that he has heard the Legislature miqht relax tax increment financing regarding housing redevelopment and asked if that is likely to happen. Senator Frank stated that last year some type of exclusion was incorporated into the tax increment financing bill regarding housinq. He stated that if Fridley finds it too restrictive, he would be happy to address the issue, and he requested information be submitted for a possible revision in the statute. Councilman Billinqs stated that he has been amazed by the attitude of the House and Senate in general, and it is as though the cities and counties are the enemy. He stated that whenever the FRIDLEY CZTY COD1�iCIL ILBSTI�iG O! Jl1IiQARY 28. 1991 PA�3B 9 Legislature addresses epending, it seems as if the cities and counties are the bad quys and the State is the qood quy. He stated that there are a number of items that are confusinq, such as the mandates where the State etates Bomethinq has to be done by the local government, but when the local governments need money to carry out the mandates, they are accused of overspending. Councilman Billings stated that he ig qlad the Legislature is proposing to lift the levy limits. He etated that as it is now, if a City does not budqet to the full extent of the levy limits, because they are trying to practice some fiscal responsibility, the City is penalized because each year the levy limit is based on the previous year. He stated that if spending is reduced, the City is never able to qo back and recapture the money that was not spent if, in fact, it was budgeted. He stated that on one hand the Leqislature is saying not to overspend, but on the other hand, to spend all you are allowed. He stated that he is confused by that philosophy. Senator Frank stated that some of the members of the Legislature have been recipients of the wrath of certain councilmembers throuqhout the State. He stated that, for example, he knows four persons who have been opposed in the last eZection by members of their city councils. He stated that when that happens, persons in the Legislature are not too sympathetic and do not have an open ear to those who hit them in the election. He stated that he knows from personal experience and also knows that many of his colleagues have had the same experience. Senator Frank stated that there is no magic button to push to solve this shortfall; either cut services, raise taxes, or a combination of both. He stated that it is trying to decide what services this State deems necessary and, historically, education has been at the top of the list. He stated that cities and counties have not been favored at that elevated position. He stated that it is essential and absolutely necessary to raise money for education. Councilwoman Jorgenson stated that a very larqe portion of the City's budget goes for salaries for police, fire, and public works. She stated that while the education of the youth is important, so is the public safety of the community at large. She stated that without the police, fire, and snowplows, the children are not goinq to get to school. Senator Frank stated that he did not mean to give the impression that these services were not important, but in the eyes of the paying public, the educational system has the number one priority. He stated that this should not preclude other essential services, but it is a balancinq act. Mayor Pro Tem Schneider stated that he appreciated Senator Frank's honesty. He stated that puttinq petty politics aside, we are talkinq about the same constituency, and the tax dollars come from FRIDI�BY CITY COIINCIL ItEBTi�ia Olr J71NQl�RY Z8. 1991 PAa$ 10 the same pocket. He stated that at times of a crisis where there is a budqet shortfall, all levels of qovernment need to work together to qet the most from the taxes paid by the taxpayer. Senator Frank stated that compoundinq the problem is the request to cut welfare. He stated that two-thirds of the welfare budget in this State is for the handicapped, mentally retarded, and old folks in nursinq homes. �He stated that he has yet to have anyone come to him sayinq they are willinq to decrease this area. He etated that with the priority for education and this portion of the welfare services, it does not leave much to cut. Councilman Fitzpatrick asked what hae become of the Minnesota miracle where hiqh income taxes were to relieve local property taxes. Senator Frank stated that since he has been in office, there has been a valid attempt to resurrect the Minnesota miracle. He stated that with the most recent election, the voters, in his view, have stated they want a change in reference to the Minnesota miracle. He stated that when it is stated that taxes and the budget have to be cut, this plays a very serious role in an attempt to resurrect the Minnesota miracle to the point where it was in the early 70's. Mr. Herrick, City Attorney, stated he would agree that education has a high priority with most people. He stated one thing he would suggest is that in the field of education, the re-education of adults and re-training of people that are on welfare should also receive a high priority and be as equally important as the education of grade school and high school children. He stated that he felt this would reduce the welfare rolls. Senator Frank stated that he feels this re-traininq and adult education is vital, but it is difficult to come up with a solution, and it has to be considered in the scheme of the total budget. He stated that the differences of the rural communities versus the metropolitan communities exist and cited instances where the Leqislators differ on how this budget problem should be solved. Councilwoman Jorqenson asked Senator Frank if he anticipated that rainy day funds would be used to balance the budget. Senator Frank stated that he did not anticipate this would happen for this biennium which ends June 30. Mr. Burns stated that most of the information received from the State pertains to cuts, and he asked if there was any thought beinq qiven to the revenue side. Senator Frank stated that Governor Carlson was elected to accomplish balancing the budget with little or any increase in FRIDLEY CZTY COIINCIL l[EBTING OF Jl�1dU]1RY Z8. 1991 PAt;L 11 State taxes. He stated that he did not anticipate any increase in taxes. _ Mayor Pro Tem Schneider thanked Senator Frank for his update and stated he was always welcome to address the Council. 6. MOTION TO APPROVE THE ADVERTISEMENT FOR BIDS FOR ONE SRID- STEER LOADER AND COLD PLANER IDENTIFIED IN THE 1991 PUBLIC WORKS MAINTENANCE CAPITAL OUTLAY BUDGET: MOTION by Councilman Fitzpatrick to approve the advertisement for bids for one skid-steer loader and cold planer. Seconded by Councilwoman Jorqenson. Upon a voice vote, all voting aye, Mayor Pro Tem Schneider declared the motion carried unanimously. ,�• • • •�. 4s_ � � �!_� .- . � •� : ;_ • • � � � • ;_ � MOTION by Councilwoman Jorqenson to approve the advertisement for bids for the tree removal contract. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Pro Tem Schneider declared the motion carried unanimously. 8. RECEIVE BIDS AND AWARD CONTRACT FOR WELL NO. 12 BOOSTER STATION PROJECT NO. 216: Mr. Flora, Public Works Director, stated that bids were received the for Well No. 12 booster station improvement project. He stated that the low bidder was A& K Construction, Inc. for a base bid, pressure activated valve, Alternate No. l, water monitoring meter and Alternate No. 2, valve type, for a total of $12,826.00. He stated that it is recommended the contract be awarded to the low bidder, A& K Construction, Inc. MOTION by Councilwoman Jorgenson to receive the following bids for Well No. 12 Booster Station Project No. 216: Contractor Richmar Const.,Inc. A & K Construction Mark Traut We11s,Inc. P & L Mech.,Inc. Penn Cont.,Inc. Base Bid $ 9,060 $ 9,477 $ 9,860 $11,912 $16,741 Alt. No. 1 $4,860 $3,649 $4,350 $5,654 $6,800 Alt. No. 2 ($400) ($300) $ 0 ($930) ($454) FRIDLEY CITY CODNCIL l[BBTI'id O!' J71�iQARY Z8, 1991 PAG$ 12 Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Pro Tem Schneider declared the motion carried unanimously. MOTION by Councilwoman Jorqenson to award the contract for Project No. 216 to the low bidder, A� R ConBtruction, Inc. fn the amount of $12,826.00 (base bid and Alternates 1 and 2). Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Pro Tem Schneider declared the motion carried unanimously. 9. CHANGE ORDER NO. 2 FOR NEW FIRE APPARATUS: Mr. Aldrich, Fire Chief, stated that in the pre-paint inspection, he felt it was necessary to add two minor chanqes to the truck. He stated that these chanqes amount to $419 and requested the Council to approve the change order. MOTION by Councilman Fitzpatrick to authorize Change Order No. 2 with Boardman Fire Equipment for the new fire apparatus in the amount of $419.00. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Pro Tem Schneider declared the motion carried unanimously. 10. APPROVAL OF AGREEMENT WITH THE MINNESOTA DEPARTMENT OF TRANSPORTATION FOR THE INSTALLATION OF THE EMERGENCY VEHICLE PRE-EMPTION L,OPTICOM) SYSTEM: Mr. Aldrich, Fire Chief, stated that this is a standard agreement for the addition to the Opticom system and what was completed this year was University Avenue. He stated that each time there is an addition to the system, a new agreement is needed. MOTION by Councilman Fitzpatrick to approve this agreement with the Minnesota Department of Transportation for installation of the Opticom system at the intersections of 61st and 69th and Osborne Road and University Avenue. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Pro Tem Schneider declared the motion carried unanimously. Councilwoman Jorgenson stated that she wished Mr. Aldrich good luck in his retirement, felt he had done an excellent job in the City's Fire Department, and was instrumental in obtaining joint powers agreements with neighboring communities and construction of additional fire stations within the City. Mr. Aldrich stated that he did not know where a person could find people that are easier to work with than the Fridley City employees. Iie stated that the interactions with the departments have been remarkable and felt this was a credit to the people who hire and train the employees. �RIDLBY CITY COIINCIL l[EBTING OF JAIdQARY 28. 1991 Pl�a$ 13 Mayor Pro Tem Schneider stated that all the work Mr. Aldrich has done in reqard to the joint powers agreements is an excellent example for Fridley. He stated that �the City would miss Mr. Aldrich. Councilman Fitzpatrick felt that Councilwoman Jorqenson epoke for all the Council and wished Mr. Aldrich qood luck on his retirement. Councilman Billinqs etated that he also wished Mr. Aldrich the best of luck. 11. �SOLUTION NO. 12-1991 REQUESTING THE STATE OF MINNESOTA MAINTAIN S.C.O.R.E. FUNDING AS ORIGINALLY PRESCRIBED BY THE LEGISLATURE: Ms. Dacy, Community Development Director, stated that this resolution is to make the Legislature aware of the consistency of fundinq in order for the City to meet its solid waste mandates. Councilwoman Jorqenson stated that she would encourage the Legislature to help the City fund their mandated programs. MOTION by Councilwoman Jorqenson to adopt Resolution No. 12-1991. Seconded by Councilmar► Fitzpatrick. Upon a voice vote, all voting aye, Mayor Pro Tem Schneider declared the motion carried unanimously. Mayor Pro Tem Schneider etated that the Legislature has mandated certain requirements reqarding solid waste management and S.C.O.R.E. fundinq was to help pay the cost. He stated that Senator Frank has stated the funding was in danger. Councilwoman Jorqenson stated that a six percent sales tax was placed on waste haulinq Bervices to pay for a portion of the program. 12. I3ESOLUTION NO. 13-1991 ORDERING IMPROVEMENT. APPROVAL OF PLANS AND ORDERING ADVERTISEMENT FOR BIDS: CORRIDOR MAINTENANCE PROJECT NO. 217: MOTION by Councilman Fitzpatrick to adopt Resolution No. 13-1991. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Pro Tem Schneider declared the motion carried unanimously. 13. RE�OLUTION NO. 14-1991 ORDERING IMPROVEMENT, APPROVAL OF PLANS AND ORDERING ADVERTISEMENT FOR BIDS: LAKE POINTE DEVELOPMENT MIlINTENANCE PROJECT NO. 218: MOTION by Councilman Billings to adopt Resolution No. 14-1991. Seconded by Councilwoman Jorqenson. Upon a voice vote, all voting FItIDLEY CITY COIINCIL iSE$TI�TO OF JANQl�RY Z 8, 1991 PAQ$ 14 aye, Mayor Pro Tem Schneider declared the motion carried unanimously. 14. RESOLUTION NO. 15-1991 ESTABLISHING MUNICIPAL STATE AID STREETS: Mr. Flora, Public Works Director, etated that the City, under current rules, is 1.15 miles under the limits for MSA designated streets. He stated that this resolution desiqnates portions of 79th Way, Riverview Terrace and Rimball Street as an MSA route subject to approval by the Commissioner of Transportation. He stated that this desiqnation will allow the City to collect State funds for maintenance and improvements to the streets. Councilman Fitzpatrick asked if there was any assessment involved to property owners in the area. Mr. Flora stated that there is no assessment for desiqnation as an MSA street; however, the City has looked at upgrading Riverview Terrace and some adjoininq streets and that this designation would help in the cost sharing for the improvement if such a project were to proceed. MOTION by Councilman Fitzpatrick to adopt Resolution No. 15-1991. Seconded by Councilwoman Jorqenson. Councilman Billinqs stated that he has some concerns. He stated that the Hiqhway Department is not too keen on designating streets in this manner, as they like to preserve the designation for those streets that are moving people from municipality to municipality. He asked why these particular Btreets were chosen. Mr. Flora stated that there are three basic criteria for MSA desiqnation. He stated one is that the street connects to a system, and this system connects East River Road to two other MSA routes. He stated it is also required that this be a collector street. He stated that in the Comprehensive Plan update, this is to be designated as a collector street. He stated that the street must also be built to MSA standards. He stated that the City owns all property to the west of Riverview Terrace and property to the south of 79th Way and is proposinq, once the designation is received, to obtain necessary easements in order to meet to MSA standards. Mr. Flora stated that Riverview Terrace provides access to the Mississippi River and is part of the Great River Road bikeway/walkway system. He stated that it was felt these streets were the most logical ones to meet the State criteria for MSA desiqnation. Councilman Billings stated that he wondered why these streets were chosen as opposed to others in the City. FRIDLEY CITY COIINCIL lt8$TING OF JANIIARY 28, 1991 PA�3$ 15 Mr. Flora stated there are not that many etreete in the City that would satisfy the connection and collector requirement. Mayor Pro Tem Schneider stated that desiqnatinq these as MSA streets does not imply the City has to proceed with an improvement. Councilman Billinqs stated that to desiqnate theBe etreets is exactly what the Leqislature ie accusinq cities of doinq. He etated that by designatinq the etreets as MSA streets, the City receives the funding, but it does not serve the purpose for which desiqnation was intended. Mr. Flora stated that MSA funds come from gas taxes, and the Legislature has currently mandated that no more than 20 percent of the City'e etreets can be desiqnated ae MSA streete. He stated that most of this mileage is dedicated, and the City receives maintenance funds from the qas tax to upgrade and design this system. He stated that when looking at a number of our MSA streets, one portian of Ashton Avenue is not built to MSA standards, and neither is Rice Creek Terrace or 57th Avenue. He stated that there are a number of MSA streets that satisfy the criteria and provide a long-range plan for development. He stated that the MSA streets provide a collector for neighborhoods to reach a major route. iie stated that there is not a lot of streets in the City where a mile can be found for the proposed designation. UPON A VOICE VOTE TAKEN ON THE ABOVE MOTION, Councilman Fitzpatrick, Councilwoman Jorqenson, and Mayor Pro Tem Schneider voted in favor of the motion. Councilman Billings voted aqainst the motion. Mayor Pro Tem Schneider declared the motion carried by a 3 to 1 vote. 15. I2ESOLUTION NO. 16-1991 SUPPORTING THE IMPROVEMENTS OF S.P. 0207-54 (T.H. 65 FROM 45TH AVENUE N.E. TO I-694) IN COLUMBIA �iEIGHTS AND FRIDLEY STREET IMPROVEMENT PROJECT NO. ST. 1990-5: Mr. Flora, Public Works Director, stated that the Minnesota Department of Transportation is proposing to upgrade Hiqhway 65 from 52nd Avenue to I-694. He stated that this requires the City's support of the improvement, and the intersection at 53rd Avenue would be improved with traffic signalization, crosswalks, street markings, Bignage, and some curbing. He stated that the City�s share of the cost for this improvement would be approximately $40,000. He stated that because of the current budget crisis, it is possible this project may not proceed this year. MOTION by Councilman Billings to adopt Resolution No. 16-1991. Seconded by Councilman Fitzpatrick. Upon a voice vote, all votinq aye, Mayor Pro Tem Schneider declared the motion carried unanimously. �RIDLEY CITY COIINCIL l[B$TINCi Ol� Jl1NIIARY 28, 1991 BAQ$ 16 16. CiTY EMPLOYEE APPOINTMENT: MOTION by Councilman Fitzpatrick to concur with the following appointment by the City Manaqer: Starting Startinq �Tame Position Sa arv Date Replaces Charles Fire Chief $54,973.80 Feb. 1, Robert McKusick Exempt per year 1991 Aldrich $4,581.15 per month Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Pro Tem Schneider declared the motion carried unanimously. Mayor Pro Tem Schneider stated that he wished to welcome Mr. McKusick aboard as Fire Chief for the City. 17. INFORMAL STATUS REPORTS: Mr. Burns, City Manager, stated that he submitted a copy of the City's 1990 accomplishments to Doug Erickson of the c s. He felt that there were some very notable accomplishments that can reflect a lot of pride in the City government. He stated it is planned that some visual aids will be developed to post in the Municipal Center. 18. �LAIMS: MOTION by Councilman Billings to authorize payment of Claims No. 35754 throuqh 36097, with the addition of the claim to TBC Fabrication, Inc., Wichita, Kansas, Invoice No. 03654 dated December 31, 1990 in the amount of $132,279.00. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Pro Tem Schneider declared the motion carried unanimously. 19. LICENSES• MOTION by Councilman Fitzpatrick to approve the licenses as submitted and as on file in the License Clerk's Office. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Pro Tem Schneider declared the motion carried unanimously. 20. ESTIMATES: MOTION by Councilwoman Jorgenson to approve the estimates as submitted: � •�1. �: � .c • ;1� ; c� HNTB 6700 France Avenue South Minneapolis, I�1 55435 Inspection of the 1.5 MG Elevated Water Reservoir Project No. 202 Partial Estimate . . . . . . . . . . . . . . $1,857.27 Seconded by Councilman Billinqs. Upon a voice vote, all voting aye, Mayar Pro Tem Schneider declared the motion carried unanimously. : � • �� !y � MOTION by Councilman Fitzpatrick to adjourn the meeting. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Pro Tem Schneider declared the motion carried unanimously and the Reqular Meetinq of the Fridley City Council of January 28, 1991 adjourned at 9:25 p.m. Respectfully submitted, Carole Haddad Secretary to the City Council Approved: Dennis L. Schneider Mayor Pro Tem � _ � J DATE: TO: FROM: SUBJECT: Communit Development Department 1 Y NG DIVISION City of Fridley February 7, 1991 n ,1 . William Burns, City Manager,��,�� Barbara Dacy, Community Development Director Public Hearinq for Ordinance Regulating Sexually Oriented Businesses The Planning Commission conducted a public hearing regarding the proposed ordinance to regulate sexually oriented businesses on January 9, 1991. The Planning Commission recommended approval of the ordinance subject to minor modifications. The City Council established February il, 1991 as the public hearing date for this matter. The first reading of the ordinance has been scheduled later in the agenda. BD/dn M-91-84 . � � DATE: TO: FROM: SUBJECT: Background 1 Community Development DepartmE_:� G DIVISION City of Fridley January 4, 1991 Planning Commission Members Barbara Dacy, Community Development Director Proposed Ordinance Amendment Regulating Sexually Oriented Businesses As a result of the location of the Fantasy House in the Moore Lake Commons Shopping Center, the City Council requested staff to prepare an ordinance regulating sexually oriented businesses. Since August 1990, staff has been reviewing other communities' studies regarding the impact of adult uses on the quality of life, researching other communities' ordinances, and the City Attorney's office has spent a significant amount of time researching the obscenity and pornography statutes. A major part of this analysis included creating required distances between sexually oriented businesses and residential areas, schools, churches, and park facilities. Proposed Ordinance The proposed ordinance contains the following sections: 1. Purpose and intent - this section clearly establishes the intent of the City of Fridley to prevent additional crime activity within the City and to prevent deterioration of neighborhoods as a result of the location of sexually oriented businesses. 2. Definitions - this section defines various types of sexually oriented uses ranging from adult book and media stores to adult novelty businesses such as the Fantasy House. 3. This section requires that any sexually oriented business cannot be constructed, altered, or enlarged for any purpose which is not in conformity with the ordinance. 4. Nonconforming uses - this section states that all sexually oriented business which were lawfully in existence at the effective date of the proposed ordinance are to be rendered Sexually Oriented Business 7anuary 4, 1991 Page 2 nonconforming. These businesses will have three years to relocate to either a conforming location or relocate to another location outside of the City. 5. Location - this section establishes the distances that sexually oriented businesses must be from residential areas, churches, schools, and parks. Sexually oriented businesses must be 500 feet from any residential zoninq district boundary and 1,000 feet from churches, schools, or parks which are adjacent to properties zoned residential. Also, no sexually oriented business can be located within 1,000 feet of another sexually oriented business. 6. Hours of operation - the hours of operation for these businesses will be limited to 8:00 a.m. to 11:00 p.m. 7. Operation - this section regulates viewing of inerchandise in the windows and doors, layout of display areas, visibility of access into the business from the public right-of-way, and provision of adequate illumination of the premises. 8. Signs - this section requires that proposed signs must be in conformance with the City's sign ordinance. 9. Licenses - this section stipulates the requirements and procedures to obtain •a license for this type of business. This section also permits the City to investigate the background of proposed sexually oriented business operators. The term of the license will be for one year only. The operator would have to renew the license 60 days prior to expiration. The ordinance also provides procedures for suspension and revocation of the license. Findinqs from Other Communities' Studies We reviewed the City of St. Paul's 1987 Adult Entertainment study, the adult use findings from Phoenix, Ari2ona, the Adult Use study from Indianapolis, Indiana, and the State of Minnesota's Attorney General report. Key findings from these studies are as follows: St. Paul 1. A nation-wide survey of realtors has indicated that the negative impact of adult uses decline significantly at a distance of three blocks. 2. Crime rates relate to establishment of adult businesses in a threshold fashion such that there is a significantly higher crime rate with two adult businesses in an area than with only one business. . 1C Sexually Oriented Business January 4, 1991 Page 3 3. Confining adult uses to relatively few possible locations (using large buffer requirements) is a trade-off. It protects residential neighborhoods but creates potential problems associated with high concentrations of such businesses in one general area. 4. Adult uses areas, since environment Phoenix, Arizona are appropriate for confinement to industrial they have a negative impact on the residential and are incompatible with residential uses. 1. The City of Phoenix's study showed that the concentration of adult businesses increases the rate of sex crimes that occur. 2. In areas where adult uses were located, there was a greater number and amount of sex crimes versus property and violent crimes. Indiana olis Indiana 1. The City of Indianapol.is' study showed that the average crime rate in study areas (areas where adult uses existed) was 23� higher than in control areas (areas where adult uses were not located). 2. 3. 4. The sex crime rates are 77� higher in study areas. Crime rates were 56� higher where sexually oriented businesses were located in predominantly residential areas. Housing values, while higher in the study areas, only appreciated at 1/2 the rate of the control areas. Attornev General's Report 1. Communities need to establish findings for both zoning ordinance requirements and licensing requirements, and set distances between schools, churches, parks, and residential areas. 2. � Sexually oriented businesses have a positive effect on the crime rate index. Sexually oriented businesses are and continue to be associated with higher crime rates. 4. Studies have shown that there is a correlation between the location of sexually oriented business and neighborhood deterioration. 1D Sexually Oriented Business January 4, 1991 Page 4 5. Studies have also shown that there is a higher crime rate in areas with two or more se�cually oriented businesses. 6. Housing values are significantly lower in areas with three sexually oriented businesses than with one. Recommendation and Conclusion Staff believes the key findings in the above cited reports apply to the City of Fridley. The distances established in the proposed ordinance are consistent with other communities' ordinances and also will protect the value and neighborhood quality of the areas surrounding the sexually oriented business. Given the relationship between sexually oriented businesses and the types of crime, the requirements in the licensing section of the proposed ordinance to regulate the hours of operation and to provide for an annual license process and investigation process is warranted. The Fantasy House will be a nonconforming use by virtue of the adoption of this ordinance. Under the terms of the ordinance, they will have up to three years to relocate to a conforming location or relocate from the City. If this ordinance was in effect prior to establishment of the Fantasy House, the Moore Lake Shopping Center area would not be eligible because it is within 1,000 feet of a residential area. The distances required in this ordinance will still permit location of a sexually oriented business in industrial and certain commercial areas (about 4$� of the community. Staff recommends that the Planning Commission recommend approval of the proposed ordinance amendment. BD/dn M-91-9 1E CITY OF FRIDLEY PLANNZNG COl�IIdI88ION 1�8TINa, JI1IdUARY 9� 1991 CALL TO ORDER: Chairperson Betzold called the January 9, 1991, P anninq Commission meeting to order at 7:40.� ROLL CALL• Meiabers Present: Don Betzold, Dave Ko rick, Dean Saba, Sue Sherek, Connie odiq, Diane Savage, Brad Sielaff Members Absent: None Others Present: Barbara Da , Community Development Director Michele Pherson, Planning Assistant Virgil errick, City Attorney David ronbeck, 701 4th Ave., S., Suite 1440, Counsel for Fantasy House Do g Erickson, Fridley Focus m Kay, Crysteel Truck Equipment erri Mau, 7343 Hayes Street N.E. Steve and Gayle Boswell, 6800 Washington Street Helen Wojciak, 6280 Able Street C. A. Halpin, 6390 Monroe Street MOTIO by Ms. Sherek, seconded by Mr. Saba, to approve the December 12, 90, Planning Commission minutes as written. II N A VOZCE VOTE� ALL VOTING l�YE, CHAIRPERSON BETZOLD DECLARED HE MOTION CARRIED IINANZMOOSLY. 1. PUBLIC HEARING ON AN ORDINANCE REGULATZNG SEXUALLY-ORIENTED BUSINESSES• MOTION by Mr. Kondrick, seconded by Ms. Modiq, to open the public hearing. IIPON !l VOICE VOTE� ALL VOTIN�i AYE� CHAZRPERSOW BETZOLD DECLARED TH8 MOTION CARRIED IINANIMOIISLY AND THE PIIHLIC HEARING OPEN AT 7:35 P.K. Ms. Dacy stated that because of the location of the Fantasy House in the Moore Lake Commons shopping center, the City 1F pLANNING COMMI88ION IiEETING. Jl►NUlrRY 9. 1991 8liGE 2 Council directed the City Attorney's office and the Community Development Department to prepare the proposed ordinance regulating sexually oriented businesses for the Planning Coaunission and City Council's consideration and approval. She stated the ordinance contains the following nine sections: 1, Purpose and intent - this section clearly establishes the intent of the City of Fridley to prevent additional crime activity within the City and to prevent deterioration of neighborhoods as a result of the location of sexually oriented businesses. 2. Definitions - this section defines various types of sexually oriented uses ranging from adult book and media stores to adult novelty businesses such as the Fantasy House. 3. This section requires that any sexually oriented business cannot be constructed, altered, or enlarged for any purpose which is not in confonaity with the ordinance. 4. Nonconforming uses - this section states that all sexually oriented business which were lawfu2ly in existence at the effective date of the proposed ordinance are to be rendered nonconforming. These businesses will have three years to relocate to either a conforming location or relocate to another location outside of the City. 5. Location - this section establishes the distances that sexually oriented businesses must be from residential areas, churches, schools, and parks. Sexually oriented businesses must be 500 feet from any residential zoning district boundary and 1,000 feet from churches, schools, or parks which are adjacent to properties zoned residential. Also, no sexually oriented business can be located within 2,000 feet of another sexually oriented business. 6. Hours of operation - the hours of operation for these businesses will be limited to 8:00 a.m. to 11:00 p.m• 7. Operation - this section regulates viewing of inerchandise in the windows and doors, layout of display areas, visibility of access into the business from the public right-of-way, and provision of�adequate illumination of the premises. 8. Signs - this section requires that proposed signs must be in conformance with the City's sign ordinance. 1G pLANNING COMMISSION IsEETINO. Jl�IdIIl1RY 9. 1991 PAQE 3 9. Licenses - this section stipulates the requirements and procedures to obtain a license for this type of business. This section also permits the City to investigate the background of proposed sexually oriented business operators. The term of the license will be for one year only. The operator would have to renew the license 60 days prior to expiration. The ordinance also provides procedures for suspension and revocation of the license. Ms. Dacy stated the ordinance was developed by the City Attorney's office. City staff reviewed the City of St. Paul's 1987 Adult Entertainment study, the adult use findinqs from Phoenix, Arizona, the Adult Use study from Indianapolis, Indiana, and the State of Minnesota's Attorney General's report. Copies of these were included in the aqenda. Ms. Dacy stated staff tried to summarize key and major issues from the studies. Staff believes the key findings apply to the City of Fridley. The distances established in the proposed ordinance are consistent with other communities' ordinances and also will protect the value and neighborhood quality of the areas surrounding the sexually oriented businesses. Given the relationship between sexually oriented businesses and the types of crimes, the requirements in the licensing section of the proposed ordinance to requlate the hours of operation and to provide for an annual license process and investigation process are warranted. Ms . Dacy stated that under the proposed ordinance, the Fantasy House will become a nonconforming use. Under the terms of the ordinance, the Fantasy House would have up to three years to relocate to another location. The distances required in this ordinance will permit location of sexually oriented businesses in industrial and certain commercial areas (about 4$) of the community. Ms. Dacy stated staff is recommending that the Planning Commission recommend approval of the proposed ordinance amendment regulatinq sexually oriented businesses. Mr. Herrick stated this ordinance was based substantially on an ordinance out of Dallas, Texas. That ordinance has been reviewed by the Federal Court System up to and includinq the U. S. Supreme Court. He would like to emphasize that the purpose of this proposed ordinance is to regulate the location of sexually oriented businesses, not to prohibit or prevent these businesses from locating in the City of Fridley. The courts have made it clear that any activity that is protected by the First Amendment has the right to locate within a community, and that a community must provide adequate locations for those types of businesses. �liNU!►RY 9. 1991 PAGE � pLANNZNG COMMISBZON MEETING. - Mr. Herrick stated that in one of the cases, the U. S. Supreme Court indicated that 5$ of an area of a community would be sufficient; and with the limitations being sugqested in the ordinance, the areas that would qualify for the location of sexually oriented business would be approximately 5$. Mr. Herrick stated that one thinq to keep in mind is that this ordinance will allow.legitimate adult uses, those businesses which are not considered obscene. If there is a business that the City feels is conducting an obscene sale or business, it would be prosecuted through the use of the State Obscenity Ordinance. He stated the difficulty comes in tryinq to distinguish between what is a criminal activity and what is not, and that is qoing to be something the City might be faced with in the future. Aqain, this ordinance is only to limit the location of legitimate adult use businesses in the City. Mr. Betzold stated he believed to a video store that sold magazines. this ordinance would not apply off-color videos or obscene 1H Mr. Herrick stated that if the principal operation of a video store or newsstand is the sale of adult magazines or adult movies, the ordinance would apply�; and if the video store or newsstand is selling or renting movies that are for adults, but that is not the principal portion of the business, then it is the understanding of his office, and he believed of City staff, that this ordinance would not apply. Mr. Betzold stated a part of the ordinance says that no sexually oriented business can be located within 1,000 feet of another sexually oriented business. In reading through the other materials, it seems that kind of limitation is more directed towards Minneapolis and the metro area where there is a wider area and it is easier to separate these businesses. Is this limitation too restrictive for the City of Fridley? Mr. Herrick stated he did not think so, because, as shown on the Fridley map, the areas where these businesses would be allowed are scattered throughout the City. Even with the 1,000 foot separation, there could be locations for several businesses. As near as he and his office can determine, these restrictions, both in terms of the distance that is required as far as separation, and the percentage of area in the community that would be available, do meet the court tests. M�. Savaqe stated she is a Criminal Prosecutor with the Anoka County Attorney's Office. She wanted to clarify that if there was any complaint of a possible criminal violation; for example, a video that was known to be pornoqraphic, there would be an investigation by the sheriff's office, whether it 11 PLANNINQ COI+IIrIIBBION MEBTIN�i. Jl�NQliRY 9. 1991 p�� was a City Attorney matter or County Attorney matter. This ordinance would have nothing to do with that kind of thing. Mr. Herrick agreed. He stated this is a zoning ordinance, not a criminal ordinance. Mr. Steve Boswell, 6800 Washington Street N.E., stated the studies listed by City staff state that adult uses in an area result in an increase in crime and a decrease in property values. Were those reports based on businesses dealing in obscenity or businesses dealing in pornography? Mr. Herrick stated the studies deal with adult sexually oriented businesses, and he did not think any of them attempted to categorize businesses as either pornographic or obscene. Ms. Terri Mau, 7343 Hayes Street N.E., stated that to say that she opposed the ordinance would not be a fair statement because it would be saying that she approves of pornography. But, as a business person, she feels very strongly about any ordinance that restricts business. To say that this type of business in the City is going to bring in more crime is not really true. Crime has been in this city long before there was a Fantasy House. They had many problems before Fantasy House. Ms. Mau stated it bothered her that the City is planning to put these businesses in certain areas. She would think these businesses could be controlled better if they were in a business district. They would be very visible and very exposed. She stated the Fantasy House has gone out of its way to make sure that minors are not allowed in the store. The Fantasy House runs just a business, and to restrict it in some ways, just because it is a sexually oriented business is, in her opinion, uncalled for. She is concerned with the fact that the City is considerinq passinq an ordinance that puts restrictions on a certain type of business that couldn't be done to any other business, such as regulating business hours. If the City wants to restrict these types of business, that is fine, but restrict them so they are all in one place where they are visible and the police can keep track of the businesses' activities. Mr. David Gronbeck, lawyer and counsel for the Fantasy House, stated he would like to address several things about this ordinance. He stated he has not seen the Dallas, Texas, ordinance, but it seems very similar to the St. Paul ordinance. He stated he spent a lot of time litiqating with St. Paul. St. Paul finally agreed with the Fantasy House's legal counsel that the ordinance did not apply to the Fantasy House--that the Fantasy House is not an adult use. That is 1J pLANNING COI�Q�II88ION KEETING. JI►NOJIRY 9 1991 �AGE 6 the position taken by St. Paul, Minneapolis, S estions about etc. Mr. Gronbeck stated he has a lot of � 1 to the whether the proposed ordinance, as written, will app y Fantasy House in Fridley. Mr. Gronbeck stated he questioned whether it is appropriate to say that any adult use has to have opaque window covers. For example, in Minneapolis, there is a bookstore which has a lot of adult materials, but also sells baseball cards. Would the City of Fridley say that those baseballHe rst tednhe be displayed in the window? He doubted it. questioned a section of the proposed ordinance that requires character references from residents of Anoka County. Last of all, he would question a three year abatement of any nonconforming uses. Fantasy House is the only existing nonconforming use that applies to this ordinance, so they are saying the Fantasy House has to move to an industrial area or get out of town in three years. He believed the Fantasy House has a six year lease, and he did not think that kind of provision is reasonable. Mr. Gronbeck stated the Cities of Minneapolis and St. Paul and other municipalities do not regard the Fantasy estioned being governed by the adult use ordinance, and he qu the applicability of any studies that talk about crime, etc. This is a business that has a somewhat unconventional line of merchandise, but is hardly in the category with bookstores, video parlors, and the like. It would probably be helpful for everyone to devote some more thought to the question of : What does the City of Fridley really want to regulate? Do they want to go after businesses like the Fantasy House, or do they want to attack thinqs like the adult movie theatres, etc.? Mr. Gronbeck stated he would be qlad to provide the Planning Commission with a copy of the dismissal from the City of St. Paul. Mr. Betzold stated that assuming this ordinance does not apply to the Fantasy House, how did Mr. Gronbeck feel about the wisdom or validity of having a zoning restriction for sexually oriented businesses? Mr. Gronbeck stated that aqain the question is: What does the City of Fridley want to regulate? The broader the scope of the ordinance, the more problems.he saw. Does a business become a sexually oriented business if it has a half dozen products on the shelf that fit within the definition? If the question is a policy question, does he see a problem with regulatinq by location? The answer is, no, if it is °Mau�and reasonable. He would echo the comments made by Ms. he had problems� wl and not in a str p mall e5 It d dnbt seem to next to a fact ry 1K pLANNING COMM=88ION MEETINa, J�DTQARY 9, 1�91 PAG87 him that a business that sells some products that might be limited in use to adults in any way offends the Subway or Sears or its other neighbors. He supposed it was a different question if it was next to a daycare center. Mr. Gronbeck asked how broadly the City wanted to draw its definition of sexually oriented businesses. He stated the problem is that the standards seem to be changing all the time. They now have every drugstore in town openly displaying and hawking products a drugstore would not have dared put on open shelves 5-10 years aqo. Mr. Betzold stated Mr. Gronbeck had made the following points: (1) He did not believe the propased ordinance applies to the Fantasy House; (2) he questioned the need for opaque windows; (3) he questioned the character references; and (3) he questioned the 3 year nonconforming issue. Mr. Gronbeck stated he believed those are the points he made. He did not take any position on whether the ordinance as a whole is constitutional or not. He was certain the City could write a constitutional ordinance, but he is much more concerned whether it even applies to the Fantasy House. If it doesn't apply, it does not matter to him. Mr. Gronbeck stated that as matter of business policy, his client does not allow minors in the store, because some of the products might not be appropriate and for shoplifting reasons. Mr. Steve Boswell, 6800 Washington Street N.E., stated he is certainly in favor of the ordinance. Quite a few people have been picketing the Fantasy House for about five months. He would like to address some of the points raised by the Fantasy House's attorney. First of all, the question about whether the Fantasy House is an adult oriented business, and they only allow adults into the Fantasy House. He did not know of any shoe stores or drug stores that limit the aqe of their patrons to 18 in order to solve a shoplifting issue. Mr. Boswell stated the City of St. Louis Park did prosecute the Fantasy House approximately one year ago based on a movie that was purchased at the store. The person thought it was obscene and took it to the City. The City thought it was obscene and decided to prosecute. That charge was later bargained down to the same or similar charges meaning that unless the owner tried to sell such a movie aqain within a period of one year and was prosecuted for it, his record would remain clean. Since then, a movie was purchased at the St. Louis Park store. The name of the movie is "Ass Masters". It was found obscene in the Ferris/Alexander trial, and the City of st. Louis Park is investigating what it will take to 1L pLANNING COI�ISSIOI�T KEETING Jl�iUl�RY 9 99 BAGE 8 prosecute under that. The State Attorney General's office has urged the St. Louis Park to prosecute under obscenity charges. Frankly, the main reason there are not more prosecutions is because the first prosecution has to be financed by the City, and most cities are not willing to undergo the tens of thousands of dollars it takes to fight the "porn" attorneys. So, no one can say the Fantasy House has an extremely clean record. Mr. Boswell stated one of the items they purchased at the Fantasy House for purposes of prosecution under obscenity was an item called the T-15 Trainer. It is harness that fits around a woman's head and forces a rubber ball into her mouth. There are hooks on the side of the harness and the directions on the harness say that the purpose is to bind the "slave" and to force the ball deep into her mouth. Mr. Boswell stated he would like to describe a few of the things that are sold at the Fantasy House, and the Commission members could decide whether or not they thought it is an adult oriented business. Besides the T-15 Trainer, there are chains and whips, some of them with descriptions for rape and simulated rape, movies such as the one found at the St. Louis Park store and found obscene in the Ferris/Alexander trial; also nighties and lotions. He stated they are not complaining about the nighties and lotions; it is all the other things the store sells, and they definitely believe this is an adult oriented business. Mr. Boswell stated that as far as visibility and location of the store, in its present location, he knows minors have been in the store who have not been cazded. He knows that because he has spent hundreds of hours picketing the store, and he has watched people go into the store. Some are carded; but he would assume that many are not carded. One evening he observed some teenage boys holding up a video camera and taking pictures inside of the store. Because of its present location, the store is very accessible to this kind of thing. Zt is very important to get that type of business out of a family shopping center. Mr. Boswell stated that in December he presented the City Council with a petition of 2,200 signatures gathered from residents of Fridley and people who work and shop in Fridley. There were three main points on the petition: (1) urging the City to pass a stronger obscenity statute, particularly to get rid of the torture devices beinq used for rape and simulated rape (2) urging the City to pass a zoning ordinance; (3) a directive to the State of Minnesota for a stronqer obscenity statute. 1M pLANNINa COMMIBBION l�i$BTINa, Jl�TDl�RY 9. 1991 PAGB_ 4 Mr. Boswell stated he would like to refer to a couple of things in the proposed ordinance. He referred to 2.A (under Definitions): "Adult Book and Media Store: An establishment having as a substantial portion of its stock in trade or stock on display books, magazines, films, videotape, or other media which are characterized by their emphasis on matter depicting, describing, or relating to 'Specified Sexual Activities' or 'Specified Anatomical areas'." Mr. Boswell stated that, as he understood that, that means that if there is a store the size of K-Mart, they could have only 25� of their business in this type of adult materials, and it would not be considered substantial. The meaning is a little vaque, and the Commission might want to take a look at it. Adult materials cannot be viewed by children and in an area that is zoned for family businesses, a business should probably be considered an adult business based on the fact that there is more than one item, rather than requiring a "substantial" amount of items. He also suggested the Commission change the heading to "Adult 800k and/o� Media Store". Mr. Boswell stated he questioned Section 7.0 under Operation. He did not know if Section C referred to the covering of the windows or not. Mr. Boswe2l stated they are definitely in favor of this ordinance. There has never been a City that has had a decrease in the crime rate after a porn shop has moved in. The space next to Fantasy House has been vacant since the Fantasy House moved in, and he doubted a business would be moving in very soon. All other cities have shown that there is a definite link between adult oriented businesses and the type of clientele they draw and the crime rate. While there may have been crime in Fridley before Fridley had pornography, they can be sure that it will increase because of it. He stated they are urqinq the Planninq Commission to recommend approval of this zoning ordinance amendment. Ms. Gayle Boswell, 6800 Washington Street N.E., stated she has also picketed for many hours in front of the Fantasy House, and thought she was pretty knowledgeable about the people who go in and out. They have seen many minors qo in. This is a family mall and not an appropriate place for the Fantasy House. She stated she works for the school district and is around a lot of teenagers. Since the Fantasy House opened, there has been a lot of teasing and joking about the Fantasy House. She knows some of those kids have been in the Fantasy House, even if it is to walk in and qet carded and walk out. That concerns her very much because of what the teenagers see when they walk in. Morning walkers have picked 1N pLANNING COI�BdI88ION MEETING. Jl1NOPiRY 9. 1491 PAGE 10 up some very nasty trash left by people who have shopped at the Fantasy House. Ms. Boswell stated that regarding the opaque windows, right now the Fantasy House has curtains in front of the windows. There has been many times when it has been easy to see through those windows. Children do not need to see the things in this store and be whereu therey are mchi dren, tbecause it is too family area accessible to the children. Mr. Gronbeck stated his client tells him that minors are typically carded and not permitted inside. He stated the City has a very interesting ordinance. If they make an adult use the sale of any product that fits within the definition, they will have to license every drugstore in town. He is unconvinced that the ordinance, as drafted, would apply to the Fantasy House. Mr. Betzold asked Mr. Gronbeck if he had any information about the prosecution of the Fantasy House in St. Louis Park. Mr. Gronbeck stated he was unaware of any prosecutions of that sort, as he was not representing the Fantasy House at that time. He stated he will be happy to check into it and provide City staff and the City attorney with that information, as well as the dismissal of the St. Paul ordinance. Ms. Helen Wojciak, 6280 Able Street N.E., stated she also pickets the Fantasy House. She hoped the Planning Commission members have visited the Fantasy House to see what it is really like. The people who go there are people not normally seen in this neighborhood. These are the people being drawn to this area by the Fantasy House. It isn't until a child is raped or something terrible happens in this neighborhood that someone will do something about it. They want something done before anything happens. MOTION by Mr. Kondrick, seconded by Ms. Sherek, to close the public hearing. IIPON !►D vTHE KOTZON �Cl1RRIED O71ND T8B YPUBLICABEARING CLOSED J1T DECLARE 8:35 P.M. Mr. Betzold asked the Commissioners if they wished to make any changes to Section 9.1.D regarding the fact that the application�fo�ersiof two pers ns who shall �bearesidentsaof telephone n Anoka County. 10 pLANNINa CO1�II�I88ION MEETIN4 J�NUliRY 9. 1991 PAG$ 11 The Commission members aqreed there should be no change to Section 9.1.D. Ms. Modig stated that a comment was made that limiting hours was putting a restraint on small business; however, the City does set limits on other adult-type businesses. Ms. Sherek stated the City has even limited the hours of operation for Menards. Mr. Saba stated in many cases with special use permits applications, they have limited hours because of the proximity to residential areas or other areas. Ms. Modig stated maybe they should clarify Section 7.C. so there is no doubt that this statement refers to the inside of the store. Ms. Savage agreed with the change suggested by Mr. Boswell for Section 2.A. Ms. Modig stated she has visited the Fantasy House, and they do have everythinq mentioned by Mr. Boswell. She did not like these things, but she had a difficult time with limiting with what people can sell and how they can sell it. But, she also realize they need some control over adult oriented businesses so they don't have them all over the City. She uses this shopping center a lot, and she has seen children and teenagers go into the Fantasy House. Whether they are carded or not, she did not know. They do need to address this issue; and they are doinq that, and if the obscenity statute would make a change, they should look into that also. One of the studies said that where there is a higher concentration of adult oriented businesses in one area, there is a higher crime rate than if they were not concentrated into certain areas. In essence, they would be doing that because there are not too many areas left, and they are limitinq them to little pockets in the City. That concerned her. Ms. Dacy stated that it helps to separate the businesses by 1,000 feet. There is another philosophy that concentrating all these businesses in one area is more detrimental than separating them throughout the community. There have probably been studies both ways. The areas that remain within Fridley are secluded as they are within major industrial areas and some commercial areas. It is the best attempt to put the adult oriented businesses in a location that is qoinq to preserve the quality of life in terms of the residential areas of the community. Mr. Kondrick stated he would be in favor of the ordinance with some of the chanqes discussed. 1P pLANNING CO24iI88ION KEETIIQ(�, Jl�NOARY 9. 1991 PAGE 12 Mr. Betzold stated that the issue as presented to the Commission is to address the zoning issues of the City. He did not have a problem with saying an adult business has to be in one area as opposed to another. The problem comes in defining what constitutes an adult oriented business. If this ordinance is intended for the Fantasy House, that may or not be accomplishing the goal because the ordinan �omse ar te the apply to the Fantasy House. He is trying P Fantasy House from the ordinance amendment. Mr. Saba stated children are confused enough when it comes to sex materials. This is and always has been a family shopping center. He is very concerned with what the children are being exposed to� and he could support the ordinance without any problem. Mr. Sielaff stated he believed that the Fantasy House is an adult oriented business, whether it is called "other adult use" or not. He believed the Planninq Coaunission should recommend approval of this ordinance amendment. Ms. Savage stated she supported the ordinance. Ms. Modig stated that, as Mr. Betzold has said, there are two different issues here. This ordinance may or may not affect the Fantasy House if the Fantasy House's attorney is found to be correct. At this time, the Commission has to be concerned about the ordinance amendment which addresses sexually oriented businesses in Fridley. MOTION by Mr. Kondrick, seconded by Ms. Modig, to recommend to City Council approval of an ordinance regulating sexually oriented businesses with the followinq amendments: l. Section 2.A.: Adult Book and or Media Store 2. Section 7.1.C.: The layout of the display areas shall be designed so that the management of the establishment and any law enforcement personnel inside the store can observe the patrons... IIPON ]� VOICE VOTE, 71LL VOTING 11YE, CBAIRPER80N BETZOLD DECLARED THE MOTION CARRIED IINANIMOIISLY. Ms. Dacy stated the City Council will establish a public hearinq for February 11, 1991. r _ � J Community Development Department 2 P G DIVISION City of Fridley DATE: February 7, 1991 �,- ` c TO: William Burns, City Manager,,-7`� ,� t FROM: Barbara Dacy, Community Development Director SUBJECT: Public Hearing for an Amendment to the Zoning Ordinance to Permit Sexually Oriented Businesses in Certain Commercial and Industrial Districts The Planning Commission at its January 9, 1991 meeting considered the zoning ordinance amendment to permit sexually oriented businesses in certain commercial and industrial districts. The Planning Commission recommended approval of the ordinance amendment. First reading of the ordinance is scheduled for approval later in the agenda. BD/dn M-91-86 � � �� DATE: TO: FROM: 2A Community Development Departr�..,... � G DIVISION City of Fridley January 4, 1991 Planning Commission Members Barbara Dacy, Community Development Director SUBJECT: Proposed Zoning Ordinance Amendment Permitting Sexually Oriented Businesses in the C-2 and C-3 Districts as a Permitted Use, and in the M-1 and M-2 Districts with a Special Use Permit Backqround As a companion ordinance to the proposed sexually oriented business ordinance, the attached ordinance amends the zoning code to allow sexually oriented businesses as a permitted use in the C-2 and C- 3 Districts, and as a special use in the M-1 and M-2 Districts. Proposed Ordinance Sexually oriented businesses are proposed to be permitted uses in the C-2 and C-3 Districts since the nature of the use as a retail operation is consistent with the other permitted uses in those districts. Eligible commercial areas within the City would be limited to small parcels at the southeast and southwest corner of I-694 and Highway 65, the southeast corner of Osborne Road and Highway 65, and some areas west of University Avenue and north of 73rd Avenue up to and including portions of the Wholesale Club site (a larger scale map showing the eligible areas will be presented to the Planning Commission at Wednesday's meeting). Sexually oriented businesses are proposed as a special use in the M-1 and M-2 Districts in order to be consist with previous ordinance amendments regarding commercial uses in industrial districts. The proposed ordinance amendment lists the sexually oriented business as an additional special use and stipulates that it must conform to the regulations in the chapter of the Fridley City Code. Not included in the proposed ordinance amendment was re£erence to the other typical standards for commercial uses in M- 1 and M-2 codes. Therefore, we would like the Planning Commission to amend the proposed ordinance language in the M-1 and M-2 sections to read as follows: . Sexually Oriented Business Zoning Ordinance Amendment January 4, 1991 Page 2 Sexually oriented businesses as defined and requlated in Chapter 127 of the Fridley City Code. Sexually oriented businesses shall meet the standards required for commercial uses as stated in Section 205.17.O1.C.(3). The citation for the M-2 District would be 5ection 205.18.O1.C.(3). The distance requirements required by the sexually oriented business ordinance would permit businesses to locate in the East River Road Business Center and some of the industrial areas east of the railroad tracks and west of University Avenue, north of 73rd Avenue up to approximately 81st Avenue. Recommendation Based on the findings from other communities' studies and ordinances, and based on our analysis for the City of Fridley, the proposed zoning ordinance amendment permits location of sexually oriented businesses in certain areas of the community which would not adversely affect surrounding properties. The Planning staff recommends the Planning Commission recommend approval of the attached zoning ordinance amendment with the following corrections: 205.17 M-1 Light Industrial District Regulations 1. Uses Permitted C. Uses Permitted With A Special Use Permit. (12) Sexually oriented businesses as defined and regulated in Chapter 127 of the Fridley City Code. Sexually oriented businesses in multi tenant buildings shall meet the standards required for commercial uses as stated in Section 205.17.O1.C.(3). 205.18 M-2 Heavy Industrial District Regulations l. Uses Permitted C. Uses Permitted With A Special Use Permit. (13) Sexually oriented businesses as defined and regulated in Chapter 127 of the Fridley City Code. Sexually oriented businesses in industrial buildings shall meet the standards required for commercial uses as stated in 5ection 205.18.O1.C.(3). BD/dn M-91-10 PUBLIC HEARING BEFORE THE CITY COUNCIL ZC Notice is hereby given that there will be a Public Hearing of the Fridley City Council at the Fridley Municipal Center, 6431 University Avenue N.E. on Monday, February 11, 1991 at 7:30 p.m. for the purpose of: 205.14 C-2 General Business District Regulations 1. Uses Permitted A. Principal Uses. (17) Sexually oriented businesses as defined and regulated in Chapter 127 of the Fridley City Code. 205.15 C-3 General Shopping Center District Requlations A. Principal Uses. (c) Sexually oriented businesses as defined and regulated in Chapter 127 of the Fridley City Code. 205.17 M-1 Light Industrial District Regulations l. Uses Permitted C. Uses Permitted With A Special Use Permit. (12) Sexually oriented businesses as defined and regulated in Chapter 127 of the Fridley City Code. Sexually oriented businesses in multi-tenant buildings shall meet the standards required for commercial uses as stated in Section 205.17.O1.C.(3). 205.18 M-2 Heavy Industrial District Regulations 1. Uses Permitted C. Uses Penaitted With A Special Use Permit. (13) Sexually oriented businesses as defined and regulated in Chapter 127 of the Fridley City Code. Sexually oriented businesses in multi-tenant buildings shall meet the standards required for commercial uses as stated in Section 205.18.O1.C.(3). Any and all persons desiring to be heard shall be given an opportunity at the above stated time and place. WILLIAM J. NEE MAYOR Publish: January 30, 1991 February 6, 1991 Any questions related to this item may be referred to the Fridley Community Development Department, 571-3450. 2F g1,p,NN NG CO1�II�iI88ZON MSETI1�tG. J�11�'Dl1RY 4. 1991 pllGB 14 required for commercial uses as stated in Section 205.17.O1.C.(3). 205.18 M-2 Heavy Industrial District Requlations 1. Uses Permitted C. Uses Permitted With A Special Use Permit. (13) Sexually oriented businesses as defined and requlated in Chapter of the Fridley City Code. Sexually oriented businesses shall meet the standards required for commercial uses as stated in Section 205.18.O1.C.(3). IIPOId � VOZCE VOTB, �I+L VOTZI�IG 71YE • CH71IRp$RSON BETZOLD DECL�iRED THE I�OTI01�1 CPiRRIED IIN71NIldOIIBLY. 3. Tabled PUliL1C n�:Arc r�: ��•� L� -- . ---- - �90 06, BY CRYSTEEL TRUCK EOUIPMENT: To rezone that part of the east 225 feet of the we 475 feet of the north half of the northeast quarter of e southwest quarter of Section 12, T-30, R-24, Anoka Cou y, Minnesota, lying north of the south 405.60 feet of said orth half of the northeast quarter of the southwest quarte , from M-1, Light Industrial, to C-2, General Business, t same being 1130 - 73rd Avenue N.E. MOTION by Ms. Sherek, seconded by M. Saba, to remove the item from the table and open the publ' hearinq. IIPON A VOICE VOTE, ]1LL V ING 71YE, CH�IRPER80N HETZOLD DECLl1RED THE MOTION CARRI$ 71ND THE BOBLIC HEARZNQ OPEN AT 9:05 P.ld. Ms. McPherson stated e propezty is located at 1130 - 73rd Avenue N.E. The p operty is currently zoned M-1, Light Industrial. Curre ly, there is a building located on the property which is einq used for the assembly and installation of after market ruck equipment. Ms. McPherso stated the petitioner is requesting to change the zonin from M-1, Light Industrial, to C-2, General Business, n order to apply for a special use permit to allow for the utdoor display of inerchandise which is a special use in the -2 district requlations. Ms. cPherson Btated the analysis indicated that both the S erAmerica and Rapid Oil sites which are adjacent to the subject parcel are also zoned M-1, Light Industrial, but are more commercial in nature. The Central Avenue Corridor Study � _ � . DATE: TO: FROM: SUBJECT: , 3 Community Development Department PLA►��TNING DIVISION City of Fridley February 7, 1991 �� - William Burns, City Manager �� .'j,3 - Barbara Dacy, Community Development Director Michele McPherson, Planning Assistant Rezoning Request, ZOA #90-06, by Crysteel Attached is the staff report for the above-referenced request. The zoning ordinance requires that the City Council hold a public hearing for all rezoning requests. The City Council set February il, 1991 as the date of the public hearing. Staff recommends that the City Council hold the public hearing. Staff recommends the City Council deny the rezoning request, as the property would be rendered nonconforming. MM/ dn M-91-72 � � C�� F FRlDLEY REQUEST PERMIT NUMBER APPLICANT PROPOSED REQUEST LOCATION 3A STAFF REPORT APPEALS DATE PLAN�WG CON�SSION DATE : December 12, 1990, January 9, 1991 CIT1( GOUNGL DATE : January 28 ,, 1991 � p�Hpq �/dn SITE DATA SIZE OENSITY PRESENT ZONING ADJACENT LAND USES 8� ZONING UT1.JfIES PARK DEDICATION ANALYSIS FINANCIAL IMPUCATIONS CONFORMANCE TO COMPREHENSNE PLAN COMPATIBILITY WITH ADJACENT USES 8� ZONNG ENVIRONMENTAL CONSIDERATIONS STAFF RECOMMEI�ATION APPEALS RECOMMENDATION PLANNING COMMISSION RECOMMENDATION ZOA ��90-06 Crysteel To rezone the property from M-1, Light Industrial to C-2, General Business. 1130 - 73rd Avenue N.E. 1.29 acres (56,250 square feet) M-1, Light Industrial M-1, Light Industrial to the north, west, south, and east Yes Yes Denial Denial � , a., �,5,� -- --- • s�AC� A ..f�� . �� «� w I �• ,:�T � �� e ZOA 4� 90-06 -• Crysteel 1Il' � 3B` . 31 �E SE I — �_ .. -,r .a r� �..._ i ��-�..��y- - —�� ,,^Tr l�� ' �':s �rPA.rR�i.Tos 'Te i�+�i � ------- ---�� .� ' C ,� p �� : r �ift� D , u ` . 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O � to. �DS[cw� i� Mr��T l�sl /w/ � � . �,_ ....�rr:... .... i x�s 1 ' . ..n,,.. ° $ ... � '' �--�OR��«' - ' �"�' . �-- ,. ... � � �:a� � KEirN t�row. rr•� . �rs� ii» ,�l rJ �ic) �`�Q NU (n) rsr� ' �g rNtivi� �Q �� ' � I�I E.�► I � .• s 1� t / .-� 3 . suw�sr��no •�•E� � OM S/T S <""' R 1 �::..�y:.°.. -:. _.K�.�M •- u �._.�:.--- -- �" --• . � ,, .. ._�,.e•.. K,`�� _ , ......_ IfYd.... ...... � . , � _ _ _ � _ rw�-n��w� ,Y_` `'-- �=-_ -'--___ �'�'--_ = - � -- - ZL � , '�'ONtryEAM � � � ` ` � � � �iI V ; � _ � �►i•~ sµ� ��,�� - - i - �'�O� - _ , 1 - _ � ` _sc�f,� E � - � - � � �_ �SErF� � ``�` ' � � ( I ` _ ` ~ Q 2 w� _ � � 1 LOCATION MAP � --�.r � � �. �. r �� , o -�"�� , � �� , �s ca O z Y a 3 r c� _ � . i ZOA ��90-06 Crysteel :E , � �ONIN� MAP 3D Staff Report ZOA #90-06, Crysteel Page 2 Request The petitioner, Crysteel, is requesting that the City authorize a rezoning from M-1, Light Industrial to C-2, General Business. The request is for 1130 - 73rd Avenue N.E. Site Located on the property is a building which is used as an assembly/warehouse facility with an outside storage area to the east and south of the building. The building was constructed in late 1988 upon approval of SP #88-01. The property is currently zoned M-1, Light Industrial as are other properties to the north, south, east, and west. Analysis The petitioner is requesting the rezoning in order to apply for a special use permit for outdoor display of inerchandise. SuperAmerica and Rapid Oil, while both zoned M-1, Light Industrial, are more commercial in nature. The Central Avenue Corridor Study recommended that the properties directly adjacent to Highway 65 be rezoned to a commercial zoning. Crysteel's use of the building is predominantly assembly, with some repair and some sales occurring from the premises. While automobile service stations and repair garages are a special use in the C-2, General Business district regulations, the type of repair that Crysteel performs is classified as heavy duty repair, and that type of repair garage is not permitted either outright or by special use in the C-2, General Business district. Staff has determined and City legal staff has agreed that Crysteel's particular use of the property is not a permitted use or as a special use in the C-2, General Business District (please see attached memorandum from the City Attorney). By approving the rezoning, the use would be rendered nonconforming. Expansion would not be permitted. The property would meet the minimum requirements of the C-2 District for lot area, lot coverage, and lot width. The property was granted variances for side corner and hard surface setbacks in 1988 (VAR #87-40). Recommendation and Stipulations Staff recommends that the Planning Commission recommend denial of the rezoning request, ZOA #90-06, as the use of the property would not fit under the C-2, General Business district regulations and approving the rezoning would render the property nonconfonaing. 3E Staff Report ZOA #90-06, Crysteel Page 3 Planning Commission Action The Planning Commission voted unanimously to recommend denial of the request to the City Council. City Council Recommendation Staff recommends that the City Council deny the request to rezone the property from M-1, Light Industrial to C-2, General Business. �T�t� i � �-� � � � �3� � �� I �� ; ; � I I I . � ; � � � � I i � � � I � I -- _.� , .. a,�� ZOA ��90-06 r Crysteel ! 3F �� :` + / � �-� I �',._ � r i .� ( . � SITE PLAN ■ : ZOA 4�90-06 Crysteel � ,�� , � '3 � � . , ��bT •• . - �. . . �• • . . t� ' ' '• ' : '""' ' * �, . .: � � ., •` � . : j • • '' «'�'��''�� i. 1'�� : : N Y � � I � �� ' ' � s • M � ` . �y ; • :._ .... _.— � . �._...._�'_ . ,_ '� � ;• �+ � . f N b �� a I ' '- . ��•� �• ; . v o � � r-1 . . N . • i '�i � : '� j� � ' " - �-_---_] �. -1 c� � ', b r._"'Jl.�. � '� . . � .�• '' � • cn � � � N • 1■c=� . - � � r� � ; � �. � � : � N � � .�..�..w � . �� . ;� �-�+ N � • j..�,..:....gA1� :� � ��'� �' �� :�• ,�; , � � . ' - I y� •� �—� : �v - � � --- � . ,..� c°� a 1 j � ..� . �....,,.. T � � .' ' . �t. � • \i w � � � � ' �� .N�. � � . .. •--� � � : • _ ,�,,,. �� 1 ' . ' ' a � . ..i� P'i /7� 0 / : � � � .� 'V . Q, W • • •.Q ■w■ 3G � � � ��+' � � I L.-. . N; � � W �+ ' � •� Q • . � N ,' . . ' ' • � �.� , ' J . • .� � � FLOOR PLAN II � � I �o k , 0 .. �g iil ((�� ! I II � }�, ; 'i . �_ s� ; �i '� i ZOA �� 90-06 Crysteel � ' � ; i '�� ► � 3H , . � � � � � � � � � � � �z�m �vE. Noan+ � . � � � i � � : � _ �� ? � i � f � PUBLIC HEARING BEFORE THE CITY COUNCIL Notice is hereby given Fridley City Council University Avenue N.E. for the purpose of: that there will be a Public Hearing of the at the Fridley Municipal Center, 6431 on Monday, February 11, 1991 at 7:30 p.m. Consideration of a Rezoning, ZOA #90-06, by Crysteel Truck Equipment, to rezone that part of the east 225 feet of the west 475 feet of the north half of the northeast quarter of the southwest quarter of Section 12, T-30, R-24, Anoka County, Minnesota, lying north of the south 405.60 feet of said north half of the northeast quarter of the southwest quarter, from M-1, Light Industrial to C-2, General Business, the same being 1130 - 73rd Avenue N.E. Any and all persons desiring to be heard shall be given an opportunity at the above stated time and place. WILLIAM J. NEE MAYOR Publish: January 30, 1991 February 6, 1991 Any questions related to this item may be referred to the Fridley Community Development Department, 571-3450. 31 3J APPLICATION FOR RE-ZONING CRYSTEEL TRUCK EQUIPMENT REASON FOR REQUEST: In October 1988 Crysteel Distributing, Inc. of Lake Crystal, Minnesota, DBA Crysteel Truck Equipment, began operations at the referenced address. The business done at the Fridley location was patterned after the company's 17 years of experience at the Lake Crystal location. At that time, Crysteel's product mix was such that essentially all business included extensive assembly work. Over the past two years, the nature of the metro area market has changed. It now differs from what it was two years ago, as well as from the Lake Crystal operation. These market changes have resulted in a changing product mix, with fewer jobs requiring extensive assembly. While a majority of jobs still require assembly, the needs of our customers are changing to include more pre-assembled products from a variety of manufacturers. As we have examined these changes, and have discussed them with the City's Planning Department staff, it appears we are moving toward a situation in which our current zoning may not match the business we are becoming. As a result, we are requesting a change in the zoning from M-1, light manufacturing to C-2, general business. We are also requesting a change in our current Special Use Permit to allow for limited parking of vehicles and equipment out of the yard area. (See attached form.) We have discussed our needs with the City's planning staff. They have been very helpful in addressing our questions, and we appreciate their professional manner in dealing with the issues and recommending this approach to solving our changing situation. We recognize a request such as this raises many questions, and will requires serious consideration. We see the needs of our customers, as well as our own, changing. We see ourselves as good corporate citizens and an attractive business for the City. We have a strong desire to strengthen the business for the benefit of ourselves, our employees and�the community. We ask for your support, and the approval of our request, and look forward to our presentations before the Planning Commission and the City Council. �� 1'� �� 1�`�,^�'r, "��1� 3 K ATTORNEYS AT LAW Virgil C. Herrick M E M O R A N D U M James D. Hoeft (;regg V. Herrick Of Counsel David P. Newman ,. T0: Barbara Dacy, Planning Coordinator Michele McPherson, Planning Assistant FROM: Gregg Herrick, Assistant City Attorney(�L� DATE: December 4, 1990 RE: Crysteel Rezoning The question asked of our office is whether Crysteel can qualify as a retail use, permitted under Ordinance 205.14(1)(A)(13). The subdivision which you requested an opinion on deals with "other retail, wholesale, or service activities." From your earlier memo, it appears that sales account for only 15$ of Crysteel's business. Therefore, the company would not seem to qualify under either the catchall retail or wholesale clauses of subparagraph 13. Tn reviewing whether or not this might be a service activity which would be allowable under a permitted use in a C-2 zoning district, I have reviewed the zoning ordinances concerning motor vehicle service operations and the restrictions under subparagraph 13 which provides that the activities for which goods or services are furnished must be similar to the uses described in paragraph 1-A of the C-2 zoning requirements. The types of businesses described in paragraph 1-A are not similar to Crysteel's operations. The majority of those service uses are proFessional or dealing with entertainment. Crysteel's operations are of a more industrial nature than the other uses allowed by the ordinance. Under the code, Crysteel's abililty to operate as a motor vehicle service business under the C-2 zoning ordinance would be questionable. Subparagraph l.0 lists the activities in a C-2 district which are permitted with a special use permit. Paragraph 3 provides for agencies selling or displaying...machinery, and paragraph 4 provides for repair garages. Given Crysteel's business activities, it would seem that a special use permit which authorized the selling and displaying of machinery as well as a repair garage and installation service might be proper in a C-2 district. This would depend, however, on the types of work done and the vehicles upon which the work was performed. The C-2 district specifically allows repair garages and specifically prohibits heavy-duty repair garages. The 3ifference between a repair garage and a heavy-duty repair garage under our or3inance is the type of vehicies which are repaired. Vehicles licensed at a category "G" or above or similar weight equipment can only be Suite 2U5, 6�U1 University Avenue N.E., Pridley, Alinnesota 55�32, 61?-571-3t3�U Memo to Dacy/McPherson December 4, 1990 Page 2 rzpaired in a heavy-duty repair garage. Given the information you have provided with regard to the type of work that Crysteel does it is this office's opinion that Crysteel is engaged in work which would classify them as a heavy duty repair garage. The definitional sections ot the zoning code describe one other automotive service category, that of public garage. A public garage is defined in Section 205.03, Subdivision 30 as "a building used for the sale of new or used motor vehicles or whera motor vehicles are parked or stored for a renumeration, or where motor vehicles are repaired within the structure as a service accessory to the main use." Crysteel's operations appear to be primarily service oriented and would not be regarded as accessory to its main use; therefore they would not qualify as a public garage. If the City staff's assessment of the nature of Crysteel's operation is accurate they would not be qualified to conduct business in the C-2 zoning district. GVH:ldb . 3L 3M CITY OF FRIDLEY pI.�NNINQ COMMI88ION lLBSTING, DSCBMBBR 12� 1990 w..�. w. r�. �►�.w.� r�w�.r1r��.ww�r.�w.�.�.r��rw.wrw.w..�.r.�.w.�►��rwwnw►�.r�w�wwww.►�+��ww�.�r �r.r �. a.r CALL TO ORDER• Chairperson Betzold called che December 12, 1990, Planning Commission meeting to order at 7:30 p.m. ROLL CALL• Members Present: Members Absent: Others Present: Don Betzold, Dean Saba, Sue Sherek, Diane Savage, Paul Dahlberg Dave Kondrick, Connie Modig Barbara Dacy, Planning Coordinator Michele McPherson, Planning Assistant Humberto Martinez, 7786 Beech Street N.E. APPROVAL OF NOVEMBER 14 1990 PLANNING COMMISSION MINUTES: MoTION by Ms. Sherek, seconded by Mr. Dahlberg, to approve the November 14, 1990, Planning Commission minutes as written. UPON A VOICE VOTB, lILL VOTING 11YE, CSAIRPERSON HBTSOLD DECLARED THE MOTION CARRZED IINANZMOIISLY. l. PUBLIC HEARING CONSIDERATION OF A REZONING ZOA #90-06. BY CRYSTEEL TRUCK E4UIPMENT: To rezone that part of the east 225 feet of the west 475 feet of the north half of the northeast quarter of the southwest quarter of Section 12, T-30, R-24, Anoka County, Minnesota, lying north of the south 405.60 feet of said north half of the northeast quarter of the southwest quarter, from M-1, Light Industrial, to C-2, General Business, the same being 1130 - 73rd Avenue N.E. 2. PUBLIC HEARING• CONSIDERATION OF A SPECIAL USE PERMIT. SP n90-19 BY CRYSTEEL TRUCK EOUIPMENT: Per Section 205.17.O1.C.(il) of the Fridley City Code, to allow exterior storage of materials and equipment on that part of the east 225 feet of the west 475 feet of the north half of the northeast quarter of the southwest quarter of Section 12, T-30, R-24, Anoka County, Minnesota, lying north of the south 405.60 feet of said north half of the northeast quarter of the southwest quarter, the same being 1130 - 73rd Avenue N.E. 3N gL�NNING CO2rII�Z88ION 1S8ETZNG. DECEMBER 12. 1990 B�G� 't Ms. Dacy stated that the petitioner has requested that these two items be tabled until January 9, 1991. oT ON by Ms. Sherek, seconded by Mr. Saba, to table rezoning request, ZOA #90-06, and epecial use permit request, SP �90- 19, by Crysteel Truck Equipment until January 9, 1991. IIPON !1 VOICE VOTE, � 71LL OOTING A7[$� CSAIRPSRBOId HETZOLD DECI.�RED T8E MOTION CPiRRIBD IINliNIIiOIIBLY. 3. PUBLIC HEARING• CONSIDERATION OF A SP�CIAL USE PERMIT.� #90-18 BY HUMBERTO MARTINE : Per Section 205.18 . 03 . C. (4 ) of the Fridley City Code, to llow the lot coverage to be increased from 40$ maximum o 50� maximum, on Lots 1 through 5, Block 6, Onaway ddition, general2y located at 7786 Beech Street N.E. o�i TION by Ms . Sherek, seconded by Ms . Sav� reading of the public hearinq notice and hearing. / to waive the n the public OPON A VOICE VOTE, ALL VOTZNG 11YE, CHAIRPERSON BETZOLD DECLARED THE MOTIOPI CARRIED AND T8E IIBLIC HEl�RING OPEN AT 7:35 P.M. ' Ms. McPherson stated the petit'oner is requesting a lot coverage increase from 40$ ma mum to 50$ maximum. This increase would allow the peti oner to construct a 3,500 sq. ft. addition onto the exist ng building. The property is zoned M-2, Heavy Industrial, as are the properties surrounding this property. Ms. McPherson is located on to a concrete and assembly Food Process located to th requesting to stated the pz block a facil y Con ol. e r ar and nstruc �wo story single family dwelling unit arty. This dwelling unit is attached ilding which serves as a warehousing for Mr. Martinez' business, which is An existing fenced outdoor storage side yards is �rhere the petitioner is t the addition. Ms. McPhers stated the City Council recently adopted an ordinance endment which would allow n 10$ increase in lot coverage n industrial districts with a Bpecial use permit. There a two standards that need to be evaluated prior to the is ance of a special use permit. Those standards are: 1. For existing developed properties, the total amount of existing hard surface areas should be evaluated to determine whether a reduction in the total building and parking coveraqe can be achieved. In this particular request, there wou2d not be a reduction in building and parking coverage. The � � unroF fRlDLEY DATE: TO: FROM: SUBJECT: COMMUNITY DEVELOPMENT DEPARTMENT MEMORANDUM 30 December 20, 1990 Gregg Herrick, Assistant City Attorney Barbara Dacy, Community Development Director Michele McPherson, Planning Assistant Crysteel Rezoning Attached please find a letter submitted by James Kay of Crysteel located at 1130 - 73rd Avenue N.E. describing the types of work that Crysteel does and describing his disagreement with your previous opinion to us which you submitted December 4, 1990. Please review the attached materials and determine if this changes your original opinion. We would appreciate receiving a response by January 3, 1991. NII�I/ d n M-90-911 YSIEEL Barbara Dacy, AICP, Gregg Herrick, Asst. City of Fridley 6431 University Ave. Fridley, MN 55432 1130 - T3rd AVE. N.E. FRIDLEY, MN 55432 December 19, 1990 Planning Coordinator City Attorney 3P 612-571-1902 FAX 612-571-5091 Fursuar,t to my cor�versation with Barbai�a on December 12th, Z an� submitting for your review this description of the curre:,t busir►ess activities of Crysteel Trucic Equipment. I have includcd pictures of a few jobs which are representative of the ty�e of work desci-ibed herein. We ai-e in the after-market truck equipment business, selling and installing equipment on new trucks. The types of equipn�ent we sell ar.0 install include, dump truck bodies and hoists, flatbed bocies, van bodies, contractor bodies, snow plows and wings, aeriai lifts, cranes, sanders, undei--body scrapers, as weil as the related running lights, warning lights, strobe lights, trailer hitches and other accessories. We represent several Manufacturers of these products. we are an affiliate of Crysteei Manufacturing of Lake Crystal, Minnesota, ar,d their line of grain bodies, dump bodies and hoists is the primary product line we sell and install. We also represent Delta, Tafco, and Midwest truck bodies, Clement trailers, Armlift aeriai :ifts, FNC Corp street sweepers, Monroe and henderson sanders and scrapers, and Falls, Henke, Gledhill, Monroe, Boss, and Fisher snow �iows. In the twelve months ended October 31, 1990, Crysteel truck equipment did $3,003,000 in sales. Of this 12� was for install- ation labor, 11� parts and accessories, 11� non-installed equipment, and the remaining 66% for equipment which we installed. SPEC/ALLY DESIGNED • N?TH QUALITY /N MlND 3Q Barbara Dacy Gregg Herrick Lecember 19, 1990 page two I feel the need to state the problems we are trying to solve ir, asking foi a zoning change/review. As a new (in the north metro area) enterprize, we need to maximize gross profit so ds tc become profitable as soon as possibl�. First, our cui-r�r,t business laigeiy comes form state ar,�l iocai yovernR�ent bids. This is traditionaliy iow margin bus�nESS. 'vJe i�eed to inciease ovei�all business volumn and impr�vc g.os� R�aigin by crianging our pro3�ct n�ix to inclu�3e curicr,: ai,3 nth pro:iu�ts witi, 1,igt�cr maryins, (iten�s traditior,aiiy s�iu �� i,or�-gc,vernmEntai customers} ar,d wr,ich are Iess la�or ir,tensive, requiring less time in our shop. we expect to raise tne per�r:�t- agc of sale.s cocr�ing froR� n�n-installed pro3a;:ts to �5% ir. tr�e :.C�.t �4 montt,s. As we add these ty�,es of new products, we are concerned tr�e change in product mix will char,ge aur busir,ess clvssification as far as tt�e City is concerned. It seems we are headed to a more general business type operation. We also add to our need t� piomote triese new products, promotion which is enhanced by our ability to display equipment, even on a limited basis, at our iocation. This obviously impacts on our outside parking dI"Ed. Secor.d, whether we adn new product lines or r,ot, our voiume of �LiS 1 I�iCSj i s gr �w i r,g , 6 7% i r, the 1 ast yEar . A� more ar,d RiGI"E � obs ( ar�d trucl;s � co�r,e througt� oui f ac i 1 i t y, we are cor,t i nua; i-y pressured for parkiny and storage space in �ur rear yard. We can (and honestly, do) relieve soR�e of this pressure by parking c�n�pleted trucks in tl�e parking area. As w� yrow, the pressurE to do this wi 11 gi o�: also. tis I i.ave reviewed the ordinances for C-2 and M-1, I beiieve we CaI� solve v�:r pioLlen�s by rezor.ing to C-2. Paragrapi, C, itecr� 2 ui :.he u�dinance lists as activitiCS �ern�is�a��E wit:� d s��ia; use pern�it, "Agencies selling or displaying...machinery..." whict-i as Greyy noted in his first opir.ion, see�us to fit �rystEei's situat;or�. As to ti-ie cencern ai�eut "ii�avy-duty" re�aii ga�-ages, I dun't believe we are a"repair yarage". we aie r,ot �pen to trie pubiic for the p�rpose of ta:cirlg repair jobs off thE street, rathei , �ar shop facil�ty is used for t::e instalidt;oi, of products sold by 3R Barbara Dacy Gregg Herrick December 19, 1990 page three the business. Also, I would not agree the ordinance prohibits heavy-duty repaii- shops over-all. The prohibition comes in paragrapl-, 1.C.5.E.1. Th�e way it is wiitten, it applies as a prohibited activity ur,der C.2.5, automabile service stations and motor vetiicle fuei ar.d 3ispensing services. Crysteel i� r,ot ap�.iying far ap�:r�val to operate under this classification. Crysteel Truck Equip�nent r.as ei�joyed being a good member of tt.e ['Y1C1iEy corr�n,ur.ity, and loons forward to growii,g with the community. w� hope the city planners, planning coR��nissi�n a:�� cour.cii wiil recognize the necessity for us to expai,d our product ►r�ix. This is n�ust iR�yc� tar►t as we seeY: to irt�prove oui :,�� iCs�;ts b} 3% tc; �% oi�d L�tter serve the conuuunity. Thar:r: you f02� j�U112 iEV1eW and consideratici; et our situatior:. If I cai, at,swei ar.y fui itjcr que�tions in hcip:ng you understand uur business accuiatciy, piea�c caii. Sinceiei� , i� 1' � � � 'i. J /��L�__� i,�` t�r ,/ / �t'.1J1L.L.� 12'::�CI� L�VIt�"1LCV1 3an�cs G. fiay, Gerlerai Nal�ag�2 I V irgil C. Herrick James D. Hceft (;regg V. Herrick Of Counsel David P. Newman T0: FROM: DATE: RE: ��R��'� � �'� «°;��T � ATTORNEYS AT LAV�' M E M 0 R A N D U M Barbara Dacy, Community Development Director Michele McPherson, Planning Assistant Gregg Herrick, Assistant City Attorney January 2, 1991 Crysteel Rezoning This memorandum is intended to clarify questions raised by James G. Ray, Crysteel, in zeference to my December 4, 1990 memorandum. In reviewing the City's zoning codes to determine whether or not Crysteel's operations would be allowable under the C-2 zoning ordinance, it must be recognized that there is no provision for the sp�cific inclusion or exclusion of an "after-market truck equipment business selling and installing equipment on new trucks". The zoning code is not meant to define each and every possible business use which might be proposed within the City of Fridley. The code defines the major classifications of businesses. Subsequent businesses are compared to those defined under the code to determine whether they are similar to approved or non-approved uses. The types of uses which seem to be comparable to Crysteel's operations were described in my December 4, 1990 memorandum and include: Agencies selling or displaying machinery, C-2, paragraph 1,C,3 Repair garages, C-2, paragraph 1,C,4 Heavy-duty repair garages, C-2, paragraph 1,C,5,E1 As I indicated in my prior memorandum, none of the defined uses exactly corresponds to Crysteel's operations. In comparing the above uses, "agencies selling or displaying machinery" would not seem to be an accurate description of Crysteel's operations. By Crysteel's own description, it is not selling or displaying machinery, but rather is engaged in the business of sales and installation of after-market accessories on vehicles. The second and third comparable uses, a repair qarage and a heavy-duty repair garage, are defined as places where major repair of motor vehicles is conducted, the only difference between the two being the size of vehicles which are repaired. Suite 2U�, 640i l`ni�•ersit}• .Avenue N.E., Fridle}�, I�tinnesota 55432, 612-�i1-38�0 3S 3T Memo to Barb Dacy/Michele McPherson January 2, 1991 Page 2 Crysteel's operation has not been described as a traditional repair shop dealing in repair of disabled or malfunctioning vehicles. The service-oriented aspects of a repair garage, however, seem to most clo.sely fit the type of operation conducted at Crysteel. I see very little difference in Crysteel's operation from a traditional repair garage that would specialize in replacing rusted or broken pickup boxes or dump bodies with new equipment. A business which would specialize in this area would unquestionably be classified as a repair garage. The only difference I can see from Crysteel's definition of their operation is that they claim to install this equipment on new trucks. If Crysteel did accept work on used vehicles, even this distinction would not apply. Unless the characteristics of a heavy-duty repair garage; i.e., traffic, storage of vehicles/equipment, noise, etc., are not sufficiently similar to the characteristics of Crysteel's operations, it is my opinion that they should be treated the same with regard to the City's zoning code. GVH:ldb . � _ DATE: TO: FROM: SUBJECT: r■n • nit Develo ment De a� ��u�:3 Commu y p p ��LANNING �IVISION City of Fridley January 15, 1991 Gregg Herrick, City Attorney Barbara Dacy, Community Development Director Michele McPherson, Planning Assistant Rezoning Request by Crysteel Inc. In light of your most recent legal opinion regarding the Crysteel rezoning request, dated January 3, 1991, we have two further questions which require your opinion. 1. Would it be appropriate for City staff to send a letter to Mr. Kay stating that the retail portion of his use is outlined as an accessory use under the M-1, Light Industrial, zoning code and would be permitted as such under the same section. 2. In light of your opinion and various discussions staff has had with Mr. Kay and in relation to the attached submission to the Planning Commission, it is appropriate for the City to sign his dealer's license? Please respond to these issues by January 24, 1991. Thank you. NII�i/dn M-91-31 CRY STEEL TRUCK BUSINESS OVERVIEW ��r��- � 3 v � � ,,; EQUIPMEN Crysteel Truck Equipment, a subsidiary of Crysteel Distributinq, Inc., supplies a�ter-market truck equipment and other equipment to a variety of customers, including state and local government, buildinq and road construction contractors, excavators, landscapers, utility companies, etc. We install much of the equipment we sell on truck chassis for our customers, and in some instances, we supply the chassis as well. Crysteel Distributing has been in business for 18 years, and has operated in the metro area as Crysteel Truck Equipment fer five years, and for the pst two years in our present location. We are growing, having increased sales volume from 51.8 million to $3.0 million in the past fiscal year. REASONS FOR APPLICATION FOR RE-ZONING Growth brinqs change. Crysteel has changed over the past two years as a result of our qrowth. These changes have affected both the volume of trucks cominq through our shop, and the percent of business which doesn't come throuqh the shop at all. As a result, we now have three problems in regards to the zoning ordinances which we are tryinq to deal with. The are: l. 2. 3. Outside storaqe of finished truck units and other equipment due to numbers of units in the yard. Outside storage of finished truck units and other equipment due to the need to promote our products Chanqinq product mix reflecting increases in equipment and related products which need not go through the shop. OUTSIDE STORAGE OF FINISHED TRUCK UNITS AND OTHER EQUIPMENT DUE TO INCREASED NUMBERS OF UNITS IN THE YARD. The 66� increase in sales mentioned above, has come from increased amounts of work. When we are busy, we have more units in the shop, the yard, everywhere. There are times the number of trucks waiting for work or for pick- up are numerous enouqh the only way to move units in and out of the shop is to park finished units in the front parkinq area. OUTSIDE STORAGE OF FINISHED TRUCK UNITS AND OTHER EQUIPMENT DUE TO THE NEED TO PROMOTE OUR PRODUCTS. We are like any other business, we need to have our customers know where we are and what we sell. As with other equipment dealers, one of the most effective ways to advertise is to display products at the store. We find this need increasinq as our product mix changes. 3W CHANGING PRODUCT MIX REFLECTING INCREASES IN EQUIPMENT AND RELATED PRODUCTS WHICH NEED NOT GO THROUGH THE SHOP. When we first started in our current location, 95� of our sales were of equipment which went through our shop. That percentage is decreasing, both by desiqn and by the demands of the marketplace. In the fiscal year just completed, sales requiring shop work has been reduced to 85$. Our intent is to reduce this amount still further (to 25$ in the next 24 months). We are concerned whether this change will jeopardi�e our standing in M-1. (See City code 205.17.02A, pq. 205.M1-6) In trying to resolve these problems with the Planning Department, we find we sit straddle of two zoninq areas, M-1 and C-2. In reviewinq the codes, it appears to us we can solve the problem in the C-2 classification under 205.14.O1.A13, 205.14.O1.B5, and 205.14.O1.C3. We are considerinq ourselves to be an eguipment dealer. In this evaluation, we are in disagreement with the City Attorney's office. Since there is no specific description of a business in the ordinance which specifically matches what we do, we need to find a description which approximates what we do. Any such attempt is subject to a certain amount of subjective judqement, and therefote potential disagreement. Mr Herrick has chosen to compare us most similar to a repair garage. We, on the other hand choose to compare ourselves to an equipment or machinery dealer. It will be up to the commission and the council to decide which view will prevail. 3X gL�iNNINQ COI+II'iIBBIOK ]tEBTI�a. J��ev a_ �ae� B�GE�! required for commercial uses Section 205.17.O1.C.(3)./i 205.18 M-2 Heavy Industrial 1. Uses Permitted Regulations C. Uses Permit� With A Special Use Permit. in (13) S ally oriented businesses as defined and requlated in Chapter _ of the Fridley City Code. Sexually oriented businesses shall meet the standards required for commercial uses as stated in Section 205.18.O1.C.(3). IIPON VOICE VOTB, 71LL VOTI�ia 71YE, CBAZRpERBON BETZOLD DEC D T8E 1[OTZON Cl1RRZED Ql�lINIltOQBLY. 3. jfiabled) PUBLIC HEARING CONSIDERATION OF A REZONING. ZOA #90-06 BY CRYSTEEL TRUCK EQUIPMENT: To rezone that part of the east 225 feet of the west 475 feet of the north half of the northeast quarter of the southwest quarter of Section 12, T-30, R-24, P,nnoka County, Minnesota, lying north of the south 405.60 feet of said north half of the northeast quarter of the southwest quarter, from M-1, Light Industrial, to C-2, General Business, the same being 1130 - 73rd Avenue N.E. oTIO by Ms. Sherek, seconded by Mr. Saba, to remove the item from the table and open the public hearinq. QPON A oOICE VOTE, ALL VOTING 11Y8� C8JIIRPERBON BETZOLD DECLI�RED TSE �IOTION CIi1RRIED 112+iD THE pIIBLIC BEARING OPEN PiT 9:05 P.l+t. Ms. McPherson stated the property is located at 1130 - 73rd Avenue N.E. The property is currently zoned M-1, Lfght Industrial. Currently, there is a buildinq located on the property which is being used for the assembly and installation of after market truck equipment. Ms. McPherson stated t�e petitioner is requesting to change the zoning from M-1, Light Industrial, to C-2, General Business, in order to apply for a special use permit to allow for the outdoor display of inerchandise which is a special use in the C-2 district requ2ations. Ms. McPherson stated the analysis indicated that both the SuperAmerica and Rapid Oil sites which are adjacent to the subject parcel are also zoned M-1, Liqht Industrial, but are more commercial in nature. The Central Avenue Corridor Study 3Y PLANNINQ CO2+II�iI88ION ![8BTII�IG. J�ARY � 1991 P�� completed by staff fn 1989-90 recommended that properties directly adjacent to Highway 65 be rezoned from an industrial desiqnation to a qeneral business desiqnation. Ms. McPherson stated Crysteel's use of this current building is predominately assembly with some eales and repair occurring from the site. The C-2, General Business, district does allow automobile service station and repair garages as a epecial use in the district. iiowever, because of the types of vehicles that Crysteel does zepairs and assembly work on are defined by statute as "heavy" vehicles, the code would define the facility as a heavy repair garaqe and not just a standard repair garage. The heavy repair qaraqe is not a permitted use in the C-2 distrfct, nor is it defined as a special use in the C-2 district. Ms. McPherson stated that by approving this particular rezoning request, the current use of the property would be rendered nonconforming and any future expansion of the property or the use would not be permitted. The property would meet the minimum requirements of the C-2 district for lot area, lot coverage, and lot width. The property itself did receive variances in 1988 for side corner and hard surface setbacks. Ms. McPherson stated staff recommends that the Planning Commission recommend denial of the rezoning request as the use of the property does not fit under the C-2, General Business, district requlations. Approving the rezoning request would render the property nonconforming undez the zoning code. Ms. McPherson stated the Commission has received documentation from the City Attorney regarding the request and the interpretation of the Zoning Code by staff. Mr. Jim Kay, General Manager for Crysteel Truck Equipment in Frid2ey, stated the members ef the planning staff have been very cooperative. He very much appreciated their openness and willinqness to discuss this issue. Mr. Kay stated that Crysteel Truck Equipment is a subsidiary of Crysteel Distributing which is located in Lake Crystal, Minnesota, where they have been in business for about 28 years. They have been in the Twin Cities area for approximately 5 years, and in the current location in Fridley for just over 2 years. He has been with the company for a year and at the Fridley etore since the first of October 1990. Mr. Kay stated that as indicated in the second attorney's opinion, they do not have a Bpecific thing in either the M-1 or the C-2 zoning districts that Bpecifically applies to 3Z pLANNING CO�II+tIBBION 1sB8TING. JANIIIIRY 4- +aa3 p�GE 16 Crysteel Truck Equipment and the things they do. He has a problem with some of the things the attorney has eaid and would like to address those issues with the Planning Commiesion and City Council. They aeem to have their foot in one zone and the other foot in another zone. Some of that is brought about by the fact that their business has been changinq over the last few years. When they first came to Fridley, about 95� of the business done at this store was the sale of after market tYuck equipment which would be physically installed on a truck chassis. Over time they have found that both the demands of a profit driven business and the demands of the market place have caused a change. Now about 85$ of their business is of that nature, and he anticipates that if they can work out the conflicts between them and the City, their goal will chanqe to 75$ of their business of that nature. Mr. Kay stated their business has qrown considerably faster than they anticipated. They have increased sales volume from $1.8 million in fiscal 1989 to a little over $3 million in the year ending October 30, 1990. If they continue to qrow at that rate solely by doing what they have always done, then some of their problems will multiply. They are eeeking relief in three areas: 1. outside storage of finished truck units and other equipment due to numbers of units in the yard. 2. Outside storage of finished truck units and other equipment due to the need to promote their products. 3. Changing product mix reflectinq increases in equipment and related products which need not go through the shop. Mr. Kay stated they would like to be able to use epecifically the parkinq area during the daytime store hours for periodic parkinq of equipment. They need the parking for two reasons: (1) to promote the products they sell; and (2) because of the limited nature of the site, they cannot qet enough trucks goinq throuqh the process at cne time and it becomes very congested. They would only put new equipment out there that would not be junky, and they do not feel it would be detrimental to the appearance of the qeneral area. Mr. Kay stated he respected the City Attorney's opinion, but he accepted it only as an opinion. It was an opinion of the ordinance that they are not a repair garage and, therefore, do not have a restriction to the heavy repair qarage. They are an equipment dealer, and that equipment needs to be installed on vehicles. That is part of the service they provide to their customers. 3AA �LliNNIlda COI�IBBIODi ItBETII�IG, JAITQl�tY �. i991 pllGE 17 Mr. Rondrick stated the fact that Crysteel services what they sell might be part of the problem in the differences of opinion. Ms. Sherek stated that several of the Planninq Commission members were on the Planninq Commission three years.aqo when the people who owned .Crysteel came in seeking to build the building. Crysteel is not a new business. Crysteel was formerly in the Hydraulfc Specialties buildinq. They were illegally parking vehicles before the buildinq was constructed, and that was the reason for the limitation placed on the Bpecial use permit when the building was constructed. Crysteel has a epecial use permit and continues to violate that special use permit. The Planning Commission talked extensively about the limitations of the size of the property �rith the need foz setback variances and epecial use permit, etc. , with the principals of the company when the business was built. 2f that was not acceptnble at that time, why did they agree to the limitations and build on property where they knew there were qoing to be problems? Mr. Kay stated he can only speculate as he was not associated with the company at that time. Mr. Kay stated Crysteel's problem is that given the volumes the business has moved to, there are times when they cannot fit everything in the back of the site. They have rented space across the street, but that is not sufficient. if the end result is that the Planning Commission and City Council don't see the eolution to the problem as suggested by Crysteel, either by a variation or a change in the special use permit or some other resolution, then fairly soon he will have to go back to the owners of the company and tell them that the building is not adequate and somethinq else will have to be done. Mr. Kondrick stated that Crysteel may be pursuing something that should not be pursued, and maybe they are trying to put too large a business in too emall an area. Ms. Sherek aqreed with Mr. Kondrick. This site is very limited, and too many things are being crammed on a very small parcel of property. 1+laybe Crysteel, in fact, has outgrown this site and should be looking for a larger site. Mr. Betzold stated he also agreed. They can go around and around about whether the business should be in an M-1 zone or C-2 zone. Lookinq ahead, they have to aqree that Central Avenue Corridor ought to be more C-2 zoninq. And, the question is being raised: Where does Crysteel fit in? Crysteel's neiqhbors, Rapid Oil and SuperAmerica, are � � PLliNNING COMMZ88ION KEBTI�G. J�NIIl�RY 4, 1991 P�GE 18 radically different from Crysteel. He stated there are places for the type of business Crysteel does, �rhether it is in Fridley or another community. The City wants to solve a lot of the problems in this area, not create new ones. Mr. Ray stated that he is concerned with the "Uses Excluded" in the M-1 districtz "Any use allowed or excluded in any other district unless specifically allowed under Uses Permitted of this district are excluded in M-1 districts." He is trying to find the common qround. He did not want to spend a lot of time chanqinq the product mix and euccessfully bringinq on new lines, etc., to sell out of their store and then f ind out that as they do that, they are violatinq the intent of the M-1 zone. At the same time, he does not want to park vehicles outside the parkinq lot and have the Code Enforcement Officer issuing fines or revoking their special use permit. Mr. Betzold stated heavy industrial districts are different from commercial in that businesses in commercial districts have to be in areas where there are a lot of people and traffic or they will not survive. Industrial businesses do not need that. It is his feeling that Crysteel is like that. Their customers will come to them�whether they are on or off a main street. Mr. Kay stated that is true to a certain extent, but there is no doubt that there is an advantaqe to being on a main street. Mr. Kay stated that he does not care if the property is rezoned or not. It was simply a vehicle to get before the Planninq Commission to see if there is a way the City and Crysteel can work together to solve Crysteel's problems. Mr. Betzold asked if the Planning Commission could approve the rezoning and deny the special use permit. Ms. Dacy stated that in order for Crysteel to not only store the vehicles but to display them for sale, the Planning Commission and City Council have to qrant the rezoning and the special use permit. Mr. Betzold stated they seem to be spendinq a lot of time discussing the rezoning and yet there is another part to this, and that is the special use permit request. This particular area has both M-1 and C-2 zoning fn it. He believed the big problem involves the outdoor storage. �; CITY OF FRIDLRY CATV ADVIBORY COlrIIrII88ION ME$TING�� Jl�NQARY 23, 1991 CALL TO ORDER• Chairperson Stouffer called the January 23, 1991, CATV Advisory Commission meeting to order at 7:10 p.m. ROLL CALL: Members Present: Members Absent: Others Present: Ralph Stouffer, Robert Scott, Barbara Hughes, Burt Weaver Duane Peterson Clyde Moravetz, City of Fridley Mark Hammerstrom, Nortel Cable APPROVAL OF NOVEMBER 15 1990 CATV ADVISORY COMMISSION MINUTES: MOTION by Ms. Hughes, seconded by Mr. Scott, to approve the November 15, 2990, CATV Advisory Commission minutes as written. IIPON A VOICE DOTE, ALL VOTING AYE, CHAIRPERSON STOIIFFER DECLARED THE MOTION CARRIED IINANIMOIISLY. APPROVAL OF AGENDA: MOTION by Mr. Weaver, seconded by Mr. Scott, to approve the agenda. Mr. Moravetz requested an addition to agenda item II., D. Anoka County Communications Workshop, Inc. Financial Reports: 1. 1990 Year End Report, 2. 1990 Fourth Quarter Report, and 3. Financial Report for December 1990. IIPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON STOIIFFER DECLARED THE AGENDA APPROVED AS AMENDED. I. NORTEL CABLE REPORT A. 1990 Fourth Quarter Franchise Fee Mr. Moravetz stated the franchise fee for the fourth quarter was considerably more than in the past. Projecting this figure into 1991 results in an estimated franchise fee of $81,000 for the year; however, with a 15� increase, this amount could increase to $92,000 for 1991. i ► CATV ADVISORY COMbI=SSION MBETINt�, Jl�NUARY 23. 1991 PAGE 2 Mr. Moravetz stated the totals for the last quarter of 1990 had been checked by finance department staff. Basically, this is the same format that has been approved in the past. There may have been an addition of franchise fee payments, as shown on the third page as item III, for the four quarters of the year. Mr. Moravetz questioned the amounts spent for advertising. On the second page of the report, advertising revenues for October were over $6,000 while in NoveYnber and December the revenues were $2,601 and $2,76o respectively. Mr. Hanimerstrom stated this is because some of the advertising fees are collected during the first month of the quarter. Ms. Hughes asked what the projections for 1991 were. Mr. Moravetz stated the projections were $81,000. However, with the 15� rate increase that became effective on January 1, 1991, this figure would basically become $92,000 projected revenue for the year, assuming subscriber numbers remain the same. MOTION by Mr. Scott, seconded by Ms. Hughes, to receive the fourth quarter franchise fee. IIPON A VOICE VOTE, ALL VOTIN(3 AYE, CBAIRPERSON BTOIIFFER DECLARED THE MOTION CARRIED IINANIMOUSLY. B. Operations Update Mr. Hammerstrom stated the basic subscriber and pay subscribers have been flat from Navember. The year ended with approximately 4900 basic subscribers and 2500 pay units. CNN has been providing much coverage on the Gulf War, and we have received favorable comments about that coverage. Mr. Hammerstrom stated they are close to having an agreement with Prime Sports Network (P5N) for a discretionary service, they do not require a financial guarantee, and this also includes some equipment. This could be on by March 1. The first month would be a free preview and then 99 cents per month for continued service. Nortel is looking at putting PSN on Channel 35 if they can get channel clearance from other cities. Mr. Moravetz asked what the programming differences are between PSN and MSC. , _� CATV ADVISORY COMMI88ION MBETING, JANUARY 23. 1991 PAGE 3 Mr. Hammerstrom stated that PSN has the rights to an additional 10 or 20 Timberwolves games this year which will not be shown on local broadcast TV, and also five Gopher hockey games which is part of the WCHA conference. In addition, they have sports that they fill in from around the country. Other than the Timberwolves and Gopher hockey, the programming is not much different from MSC, although MSC currently has rights to North Stars, Twins, and Gophers games. It was Mr. Hammerstrom's understanding that MSC�s contracts with these teams wouZd end in one to two years. PSN will be live play coverage. Mr. Moravetz asked if the games would be played again. Mr. Hammerstrom stated it was his understanding that this is a one-time programming, but he has not seen a full programming schedule. He plans to release this to the press probably in one week. Mr. Moravetz asked if there are other cities in the metro area who also have PSN. Mr. Hammerstrom stated everyone else will carry PSN. Mr. Stouffer asked if Nortel would carry both PSN and MSC eventually. Mr. Hammerstrom stated this was possible, if MSC would agree to the same type of contract. Mr. Hammerstrom stated Nortel is looking at adding a fifth pay-for-view channel. There is a service which has come out called Action Pay-for-View, which is geared toward young males who like action/adventure movies. This probably would be a month or more away. Mr. Hammerstrom stated he was pleased and surprised that the rate increase was approved. He received few comments from customers. Mr. Moravetz asked if the rates in Fridley are the same as in Bloomington and St. Louis Park. Mr. Hammerstrom stated that when the St. Louis Park rate goes up on March 1, the rates then will.be same. C. Annual Subscriber Survey Mr. Hammerstrom stated the annual survey would be going out with the bills this month. The brown flyer would be 4C CATV ADVISORY COMMI88ION MEBTINC;. JANIIARY 23. 1991 PAGE 4 returned to Nortel and the yellow flyer is the control for John Risdall & Associates. Mr. Moravetz asked if the questionnaire was the same. Mr. Hammerstrom stated they had made some changes. Changes included separating out the access channels, changing the designation of the frequency of viewing, and eliminating the question regarding the sports channel. Otherwise, the questionnaire is basically the same. Nortel should be getting these back in mid-February. Mr. Stouffer asked if the questionnaire last year was self-addressed and stamped. Mr. Hammerstrom stated the survey to be returned to Nortel can be sent with the bill payment so subscribers will not have to pay additional postage. Mr. Moravetz stated he felt the choices for frequency of viewing listed for basic service channels were not appropriate for the access channels so these were separated out to include thase people who watch several times a year to provide a better selection. Mr. Stouffer asked what the Silent Network was. Mr. Hammerstrom stated this is geared toward the deaf. The shows are signed and they also do closed captions for commercials. Mr. Scott asked if they had decided to have the survey tabulated by another firm. Mr. Hammerstrom stated they had decided to use the same firm as last year. The tabulation is a labor intensive task; and in order to have results in a timely manner, Nortel felt this could best be done by an outside firm. D. Other Nortel Updates Mr. Stouffer asked if they had received comments on the CNN news coverage of the war. Mr. Hammerstrom stated the ratings have been phenomenal. CNN is working hard to cover events in the Gulf as they happen. � �J CATV ADVISORY COMMI88ION MESTING, JANUARY 23. 1991 PAGE 5 II. ANOKA COUNTY COMMUNICATIONS WORKSHOP A. Name Change Mr. Moravetz stated the Anoka County Communications Workshop (ACCW). was formed in 1975 as a control access corporation. At that time, the group had envisioned it becoming the Anoka County Communications Workshop. After 15 years, the concept of service territory did not become a reality. The name of an organization should imply what it is. Over the years, Mr. Moravetz has received comments that Anoka County is doing a good job with no mention of ETC. From a fundraising standpoint, the organization has not had much success in getting funding from local businesses, organizations, etc. Several weeks ago, we received two calls regarding the workshop and budget. The City is supporting, but Anoka County does not provide support. At the last board meeting, it was suggested the name be changed to reflect Fridley's access. Perhaps then the Fridley Lions, VFW, and other groups would be more receptive to funding in the future. They will likely keep the ETC but omit Anoka County. A title has not yet been established. The name change met with total approval of the board. There is a$35 filing fee with the State of Minnesota to change the name. There is now just paperwork involved at this point. B. Directors Report: l. December - Dated 1-03-91 C. Year to End Reports: 1. Statistics - Dated 1-02-91 2. Statistics Summary - Dated 1-02-91 3. End Report - Dated 1-04-91 D. Financial Reports 1. 1990 Year End Report 2. 1990 4th Quarter Report 3. Financial Report for December, 1990 MOTION by Mr. Weaver, seconded by Mr. Scott, to receive the Anoka County Communications Workshop Director's Report dated 1-03-91; the Year to End Reports including Statistics dated 1-02-91, Statistics Summary dated 1-02- 91, and End Report dated 1-04-91; and Financial Reports including the 1990 Year End Report, 1990 4th Quarter Report, and Financial Report for December, 1990. 4E CATV ADVISORY COMMISSION MEETING. JANUARY 23. 1991 PAGE 6 IIPON A VOICB VOT$, !!LL VOTINd AY$, CHAIRP$RSON STOIIFFER DECLARED T8$ KOTIO� C�RRI$D tJNANIMOIIBLY. III. BUDGET REVIEW AND DISCUSSION A. Discuss 1991 Budget as Requested by Commission Members at the Last Meeting Mr. Moravetz stated a copy of the 1991 budget was included with the agenda along with the actual 1990 budget. Ms. Hughes asked, on the actual 1990 budget, what the columns 225-25 and 225-26 represented. Mr. Moravetz stated the column 225-25 is the administrative portion for the Commission and the 225-26 was the government channel. Mr. Stouffer questioned the difference in expense between the Commission and government channel. Mr. Moravetz stated the Commission amount is lower because his time does not come out of the cable budget. Mr. Moravetz stated he has received comments about monies available for conferences and related expenses. In the 1991 proposed budget, $645 is allotted for conferences and schools, $325 for transportation. As was discussed in the past, the MACTA conference should be attended by the staff person and the NATOA conference should be attended each year. Perhaps the national conference should be attended by staff or a Commission member and the MACTA conference budgeted for three members. If we decide to do so, the budget will need to be increased by about $600 for 1992. This would have to go as a recommendation to the City Manager for approval or review. Mr. Weaver stated the budget shows monies for transportation but he did not see per diem expenses included. Mr. Moravetz stated per diem costs would fall under Conferences and School. Mr. Weaver stated the amount budgeted for conferences and related expenses was very low. Mr. Stouffer agreed, stating he allows approximately $175 per day when someone goes to a conference. 4F CATV ADVISORY COMMIBBION MEETINCi. JANUl�RY 23, 1991 PAGE 7 Mr. Moravetz stated another factor is that air fares will likely be going up. Mr. Stouffer stated, on the 1990 budget, there are two expense lines drawn off. In looking at Operating Supplies, how much is Commission and how much is government. Mr. Moravetz stated this is blocked out to see how much channel operations cost. Mr. Stouffer stated he would like to see this split. Mr. Stouffer asked if the Commission was entitled to access the funds. Ms. Hughes stated the Commission could access funds at one time. Recommendations for going to conferences, obtaining magazine subscriptions, etc., were honored; then the Commission could not do so. Mr. Moravetz circumstances asked if the changes. stated this was true depending on the at the time. At this time, Mr. Moravetz Commission had any recommendations for Mr. Weaver stated, in looking at the 1990 budget, there is a surplus. Where does the unspent balance go? Mr. Moravetz stated the balance stays in the cable fund. The $31,654 would be carried forward. Mr. Moravetz stated he would like to see the Commission members attend conferences in the future, including the local MACTA conference and the national NATOA conference. This would probably be most appropriate. Mr. Weaver stated the MACTA conference is a good conference. This Commission is responsible for nearly $100,000 in income for the City, and he thought the Commission could do the job better if inembers knew more about cable TV. This can be done by attending these conferences. If we do have this surplus, all members could attend, learn more about what we are doing, and do a better job. Ms . Hughes stated she saw no reason why one member should not go to a conference every year. She would also like to see more money go to the Workshop. �r. CATV ADVISORY COMMISBION MBETINa. Jl�NUARY 23. 1991 PAGE 8 Mr. Scott asked where the Workshop funds were included on the budget. Mr. Moravetz stated these are under line 42450, payments to other government units/contributions. In 1990, the amount budgeted for the Workshop was 50� of total revenues. If we receive $90,000 for 1991, the workshop could be budgeted to receive half, but he recommended setting a flat amount for 1991. Mr. Scott asked if there were additional surplus funds in the Cable revenue fund from previous years. Mr. Moravetz stated there were funds at one time, but the funds were used for cable equipment at the time City Hall was remodeled. The balance of $31,000+ as shown on the actual budget is very close to the actual balance of the account. Mr. Weaver stated he would like to suggest that Mr. Moravetz and a Commission member be budgeted to attend the September NATOA conference in Anaheim, California, including air fare, reasonable accommodations, conference fees, etc. Also, he suggested that Mr. Moravetz and one or two of the Commission members be budgeted to attend the MACTA conference in January of 1992. He asked that members be informed on the exact dates of that conference so members can put the dates on their calendars. Mr. Moravetz stated the MACTA conference is generally held the last Friday and Saturday of January. Mr. Stouffer stated, since no one has attended the conference for a long time, he recommended two Commission members go, in addition to staff. If there are more than two members who are interested in attending, we will decide who will go. Ms. Hughes stated she was not seeking re-appointment. The ideal person to send may be the new member. Mr. Stouffer relinquished the duties as Chairperson to Vice-Chairperson Hughes. Vice-Chairperson Hughes accepted duties as Chair. MOTION by Mr. Stouffer, seconded by Mr. Weaver, to recommend that the 1991 budget be amended to include funding to allow three persons, consisting of the Cable TV Coordinator and two Commission meiabers, to attend the NATOA conference in September, 1991; and that funding 4H CATV ADVISORY COMMIBSION 1dEETING, J1�iNUARY 23, 1991 PAGE 9 for three persons to attend the national conference be included in future budgets. IIPON !� VOICE VOTE, 7�I+L VOTING l�YE, VICE-CHAIRPLRSON HIIGHEB DECLPiRED THE MOTION CARRIED ONANIMOIISLY. Ms. Iiughes relinquished duties at Chair to Chairperson Stouffer. B. Recommend 1992 CATV Commission Budget. The Commission discussed various options for the 1992 budget. Mr. Moravetz was asked to provide a proposed budget for 1992 with supporting data for further discussion at the April meeting. IV. OTFiER BUSINESS A. Resignation of Ms. Hughes Ms. Hughes stated her commission appointment ends in April and, in her letter of January 23, 1991, she states she has decided not to seek re-appointment. She would be willing to serve as a member until someone can be appointed to the Commission. MOTION by Mr. Weaver, seconded by Mr. Scott, to receive Ms. Hughes' letter of resignation dated January 23, 1991. IIPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BTOIIFFER DECLARED THE MOTION CARRIED IINANIMOOSLY. Mr. Moravetz stated that Ms. Hughes was a member of the original committee for Cable TV. Mr. Stouffer, on behalf of the Commission, thanked Ms. Hughes for her many contributions to the Commission and �+ to the City. V. ADJOURNMENT MOTION by Mr. Weaver, seconded by Mr. Scott, to adjourn the meeting. IIPON A VOICE VOTE, ALL VOTING AYE, CHAIRPSRSON BTOIIFFER DECLARED THE MOTION CARRIED AND THE JANUARY�23, 1991, CATV ADVISORY COMMISSION MEETING ADJOIIRNED AT 8:45 P.M. Respectfully submitted, �-�--�-nJ C�-� Lavonn Cooper Recording Secretary 5 CITY OF FRIDLEY PLANNING CO1rII�SI88ION MEETING� JANIIARY 23� 1991 �►�►�r�Yr �YtiMMMMN�i►�1YrM�►wwr1►��.►Nw�►1�Y1►.YwwwN�►�YwtiwM�►�M�ti�.►��►�N�►A�YwM�Y.Y�► CALL TO ORDER• Chairperson Betzold called the January 23, 1991, Planning Commission meeting to order at 7:35 p.m. ROLL CALL• Members Present: Members Absent: Don Betzold, Dave Kondrick, Dean Saba, Connie Modig, Diane Savage, Brad Sielaff Sue Sherek Others Present: Barbara Dacy, Community Development Director Michele McPherson, Planning Assistant Bob Guzy, 3989 Central Avenue N.E. Scott Ericson, Fridley Town Square Dev. Daniel Blue, representing Burger King Keith Carlson, Braun Intertech See attached sign-in sheets APPROVAL OF JANUARY 9 1991 PLANNING COMMISSZON MINUTES: Mr. Betzold stated that on page 12, the motion should be amended to include wording that states that the Planning Commission has reviewed the various studies and ordinances from other cities and that the findings from those studies and ordinances is consistent with the proposed ordinance for the City of Fridley. MOTION by Mr. Kondrick, seconded by Mr. Saba, to approve the January 9, 1991, Planning Commission minutes with the following amendment to the motion on page 12: "MOTION by Mr. Kondrick, seconded by Ms. Modig, that the Planning Commission has reviewed the various studies and ordinances from other cities and has found that the findings from those studies and ordinances to be applicable to the issues in the City of Fridley; therefore, the Planning Commission recommends to the City Council approval of an ordinance regulating sexually oriented businesses...." IIPON A VOICE VOTE, ALL VOTING AYE, CBAIRPERSON BETZOLD DECLARED THE MOTION CARRIED UNANIMOIISLY. 5.1 PLANNING COMMISSION MEETING, JA�iQARY 23. 199� PAGE 2 1. PUBLIC HEARI�IG: Amendment to the adoption of the redevelopment plan for Fridley Town Square development, to consider adding a drive-through window for a fast food restaurant on the west side of the proposed building. The property included in this redevelopment plan are as follows: Lot 9, Block 2, Rice Creek Terrace Plat 1 from R-1, Single Family Dwelling, to S-2, Redevelopment District, the same being 355 Mississippi Street N.E.; and Lot 12, Block 3, Rice Creek Terrace Plat 2 from R-1, Single Family Dwelling, to S-2, Redevelopment District, the same being 368 - 66th Avenue N.E.; and Lots 10, 11 and 12, Block 2, Rice Creek Terrace Plat 1, except the South 30 feet thereof, according to the recorded plat thereof on file and of record in the office of the County Recorder, Anoka County, Minnesota, and Lots 13, 14, 15 and 16, Block 3, Rice Creek Terrace Plat 2, according to the recorded plat thereof one file and of record in the office of the County Recorder, Anoka County, Minnesota, from R-1, Single Family Dwelling, and C-1, Local Business, to S-2, Redevelopment District, the same beinq 6525 University Avenue N.E. MOTION by Mr. Kondrick, seconded by Ms. Modig, to waive the reading of the public hearing notice and open the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CAAIRPERSON BETZOLD DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING OPEN AT 7:40 P.M. Ms. Dacy stated the site is located north and adjacent to Mississippi Street, south of 66th Avenue, and east of and adjacent to University Avenue. The site contains the old 10,000 Auto Parts building. The developer has proposed to acquire the single family home at 365 Mississippi Street and 370 - 66th Avenue N.E. Ms. Dacy stated that prior to the start of the meeting, there was a question about the location of the existing bikeway and sidewalk. The existing bikeway/walkway runs along the west boundary of the site, and the sidewalk runs along the south side of the site. Both are within the public road right-of- way and not on the petitioner's property. Ms. Dacy stated that in June 1990, the City Council approved the rezoning request from C-1, Local Business, and R-1, Single Family Dwelling, to S-2, Redevelopment District, for the construction of a 28,000 sq. ft. shopping center. 5.2 PLANNING COMMISSION MEETINQ. J�NOARY 23. 1991 PAGE 3 Ms. Dacy stated the reason the Planning Commission is considering the proposed request at this meeting is because staff made the determination that the addition of a drive- through window throughout this shopping center represented a substantial change from the original development plan that was approved by the City Council. The S-2 ordinance states that substantial changes must be submitted to the Planning Commission with final approval by the City Council. Ms. Dacy stated the developer is proposing in a revised plan to the shopping center to lease 3,000 sq. ft. to Burger King at the extreme west end of the building and to install an order box and an order window at the rear of the building so there could be a drive-through function with the Burger King. Burger King is the same Burger King owner located in the southwest quadrant. If this revised plan is approved, the Burger King in the southwest quadrant would become vacant. Ms. Dacy reviewed the revised plan with the following changes as submitted by the developer: APPROVED PLAN 1. 28,230 2. 143 3. 20 4. 6 5. east side of building 6. plan approved 7. clockwise 8. 5 feet along University Avenue; 15 feet along University Avenue 9. 20 foot length 25 foot aisle 10. Drop-off site; potential for additional spaces along Mississippi square feet parking spaces aisle width around building screening wall loading zone landscaping traffic direction setbacks parking stall systems PROPOSED PLAN 27,745 140 28-33 wall extended to University Avenue; could be eight feet north side of bldg. less area for shrubs along University Avenue counter-clockwise 18 feet along University Avenue One system at 18 feet long with 24 foot aisle I,RT Same; however, conflict with with pedestrian traffic PLANNING COMMI88ION MEETING. JANUARY 23. 1991 PAGE �� APPROVED PLAN PROPOSED PLAN 11. 322 Peak hour volumes 404 at site intersection (all directions) Ms. Dacy stated that in reviewing the proposed revision to the development plan, staff identified eight impacts and/or issues that the Planning Commission and City Council will have to address: . 1. Site design. The proposal would dictate that traffic utilizing the fast-food drive-through window would enter the site at the far east side, travel north to the rear of the building, travel west to the west of the of the building to the order window, and then pick up the food along the west wall of the shopping center. Customers would then leave the site traveling south to the end of the parking lot, then east to the site entrance (counter-clockwise pattern). The originally-approved plan proposed that the rear of the building was to be used for truck loading and unloading activities only. A clockwise traffic pattern was proposed. Also, the loading and unloading area was located on the east side of the shopping center; however that has changed to the north side of the shopping center directly behind Walgreen's. Mixing automobile traffic with larger vehicle and truck traffic at the rear of a building is not typical, and usually discouraged. The developer has given us another example of this situation in Circle Pines. Staff visited the site, but that shopping center did not have comparable characteristics. The petitioner has rearranged the site plan to maintain a 15 foot setback along 66th Avenue, but widened the driving aisle along the rear of the building from the originally-proposed 20 foot wide driving aisle to 28 to 33 feet in width, depending on the particular location on the site plan. The intent of the widening of this area is to give room for service vehicles to make deliveries during the day, but yet allow automobile traffic to circulate around the rear of the building while service vehicles are on the property. The petitioner has indicated that Walgreen's would agree to a restriction on loading/unloading activities during the peak restaurant period of 11:00 a.m. to 2:30 p.m. � � 5.4 pLANNING COMMISSION MESTI G, JANUARY 23, 1991 PAGE 5 Trucks would park parallel to the building and unload by a curving conveyor into the building. 2. Traffic impacts. Staff asked Barton-Aschman to revise the April 1990 traffic study to address the impacts of the fast-food restaurant. Included in your packet is the consultant's report and recommendation (remember that Barton-Aschman is the City's consultant, and the developer paid the fees). The consultant determined that there would be no change in the level of service on Mississippi Street during peak hour from 4:30 p.m. to 5:30 p.m. Although additional traffic volume will be created at this time of the day, it will not be enough to trigger a drop in the level of service. As part of the consultant's analysis, actual data from the current Burger King location was analyzed. The peak hour of the fast-food use appears to be during the noon hour, from 12:00 to 1:00 p.m. The typical peak for the shopping center occurs as people are traveling home from work between 4:30 p.m. and 5:30 p.m. The original April 1990 study assumed that 100$ of the traffic generated from the site was brand new traffic and not traffic that already exists on the abutting roadways. This was a worst-case approach. In the revised study, it was assumed that 25� of the traffic generated by the fast-food restaurant was traffic that already exists on the roadway. In fact, the consultant noted that relocation of the Burger King to the northeast corner of the intersection redistributes the trips to the extent that the function of the intersection is slightly improved. 3. Noise. The addition of more activity at the rear of the building poses concern for additional noise impact to the neighborhood to the north. Contributors to the noise would be the intercom system for the drive-through vehicles to place orders and responses by the fast-food restaurant employees, and the sound of cars waiting in line to place the order. The developer has indicated that he has hired a sound consultant (Braun Intertech) to analyze the noise generators. The report was distributed to the Planning Commission this evening. It states that the distance between the homes and the drive-through facility is far enough that the noise impact would be minimal. 5.5 pLANNING COMMIBSION MEST�Na, JANUARY 23. 1991 PAGE 6 4. As another mitigating factor, the developer has proposed an extension of the screening wall from the originally- approved plan an additional 75 feet to the property line along University Avenue (landscaping was originally proposed in this area). The developer has also indicated that, depending on the preference of the City or the neighborhood, he would be willing to construct an eight foot wall or a combination of the originally-proposed six foot wall and additional landscaping. The developer has located in such University Avenue the neighborhood. Odor. indicated that the order box would be a manner that it would point toward in order to direct the noise away from The developer submitted an analysis from Braun Intertech which stated that a double baffle air filtration system was installed at a Burger King facility at TH 169 and Old Shakopee Road. Odor couldn't be detected from the facility at i75 feet. Locating the fast-food restaurant at the extreme west end of the building is consistent with the intent of stipulation #17; however, as to the type of equipment that will be used to minimize the odor of the fast-food restaurant needs to be submitted by the developer. Venting from the restaurant could occur along the west wall of the building. 5. Screening. The petitioner is prepared to construct an eight foot screeninq wall alonq 66th Avenue or a combination of landscaping and the originally-approved six foot wall. Staff is concerned that the addition of two more feet on the masonry wall may be perceived as increasing the impact of a large wall mass along 66th Avenue. Staff recommends that if the six foot wall is maintained that the landscaping plan be revised to provide additional landscaping along the northwest part of the site to break up the view and noise generated from that part of the center. If the recommendation is to construct an eight foot wall, we recommend Ivy plantings along the wall in order to break up the expanse and height of the wall. Due to the site design changes on the property, an increased setback is provided along Mississippi Street which will give additional room if the Anoka County Regional Rail Authority needs this area for a small park- � � 5.6 PLANNING COMMI88ION MEBTINQ, JANQARY 23. 1991 PAGE 7 and-ride facility. However, given the reduction in setback along University Avenue, the originally proposed shrubs on this side of the property will have to be placed along the property line, and snow storage on the site should not occur in this area. The original landscaping plan did not include a three foot hedge along University Avenue on the west side of the shopping center. If approved, the landscaping plan should be amended to provide a continuous three foot screen along University Avenue to screen the view of the drive-through traffic. Also, trees should be planted for every 50 feet of driveway aisle (this is consistent with the recently- adopted landscaping ordinance). A five foot setback is still maintained along the east lot line adjacent to existing residences, and there should be no changes to the landscaping plan agreed to by the developer and those homeowners. 6. Light Rail Transit. BRW, Inc., has reviewed the revised site plan for this development. They identified a pedestrian compatibility concern with the drive-through traffic along the west side of the building. The proposed station location for the LRT would be at the northwest part of the site. The bus drop-off for the LRT is proposed to occur along Mississippi Street. The Rail Authority would have to provide a sidewalk along University Avenue to the bus drop-off. A pedestrian connection should also be made into the site as LRT users may want to either shop at the center or return to their vehicle in the parking lot. The developer should be required to stripe a pedestrian cross-walk area across the westerly driveway aisle in order to accommodate LRT users. This striping would obviously not occur until the system is constructed. Pedestrian access plans will be developed in the near future, as the LRT system is nearing draft Environmental Impact Statement review. 7. FIours of operation. As opposed to the originally-proposed plan of typical shopping center tenants, the addition of the fast-food restaurant poses an additional intrusion into the residential area in terms of hours of operation. Typically, fast-food restaurants are open until 11:00 p.m., and the drive-through activities could occur late into the evening, although they are not as heavy as during peak hours from noon to 5:30 p.m. 5.7 PLANNING COMMISSION MELTINC�. Jl�NQlrRY 23, 1991 PAGE 8 8. Lighting. Additional lighting at the rear of the building should be placed such that the light source is completely shielded and located away from the residential area. In fact, locating the wall packs on the south side of the proposed screening wall may help to minimize the glare. A specific lighting and location plan should be submitted if the amendment is approved. Ms. Dacy stated that staff believes that the issue the Planning Commission and City Council has to decide is whether or not the proposed drive-through facility is consistent with the original development plan that was approved in June 1990. Despite the mitigation that the developer has proposed, there will be more traffic in terms of volume and in terms of location. There will be longer hours of operation due to the nature of a fast food restaurant, and there will be more noise. Adding a fast food restaurant at the end of an existing shopping center building appears to be a new market industry addition; however, it is an atypical traffic pattern. Ms. Dacy stated that, in the developer's defense, they have changed the site plan to maintain the original setbacks and, in one case, have increased the setback. They have proposed additional screening. They responded to a request to do an analysis of the noise and the odors, and they have indicated they will install whatever odor system is available to reduce the odors from the fast food restaurant. Ms. Dacy stated the original plan contemplated the rear of the building purely as a loading and unloading facility. The proposed plan represents a change from that; however, staff is encouraged by the mitigation proposed by the developer. Mr. Betzold asked if the HRA will be involved in this process at all. Ms. Dacy stated the HRA is aware of the developer's proposed amendment. The HRA has not executed any development contract with the developer and has chosen not to pursue a development contract until this issue is resolved by the Planning Commission and City Council. Mr. Sielaff stated that regarding air quality, what about emissions from cars in the back where the area is more confined with fencing and the building? Ms. Dacy stated it could be said that with the wall extended to University and the rear wall of the shopping center, a small tunnel is created; however, she believed they should be 5.8 PLANNING COMMISSION MEBTING. J7�i1�TUARY 23, 1991 PAGE 9 more concerned about the air quality from University Avenue than from the traffic on this particular site. Mr. Saba stated that since this is an S-2 district, could the Commission restrict the hours of operation? Ms. Dacy stated, yes, they could. Ms. Modig stated it is being said that the wall will help reduce the impact of noise. What about the bounce-over noise under certain conditions? Ms. Dacy stated the wall will certainly help cut down on some of the noise, however, she cannot say all the noise will be eliminated. Mr. Betzold asked if there is going to be sufficient room for snow storage in the back. Will the storage of snow impede the traffic flow? Ms. Dacy stated that is an issue the property management will have to address on a routine basis. The site is tight in terms of areas to store snow. The management may have to haul snow off site. Ms. Modig asked if the bikeway/walkway path and sidewalk will be impacted by the development. Ms. Dacy stated the Commission might want to stipulate that the developer has to address a pedestrian crossing plan or striping or stop sign where the sidewalk crosses the driveway entrance. Mr. 5aba stated the bikeway/walkway is heavily used during the summer. It is the main route for bike traffic on the east side of University to get to the Community Park. There should be some planned bike path either into the development or an improvement to what is there now, because right now the turn- around by the light is very difficult, and bikers cut across the parking lot. Mr. Bob Guzy, attorney representing the developer, stated that when the developer was before the Commission and City Council, they did not know what type of tenants would go into this development, other than the Walgreen store. They were approached by Burger King about the possibility of relocating into this development. Burger King has been a corporate citizen of the City of Fridley for many years, and they have made the decision that they would like to relocate, yet stay in the City of Fridley. The addition of Burger King into the proposed development, along with Walgreen, made this site go 5.9 PLANNING COIdMI88ION 1dBSTING, Jl�iUl�RY 23, 1991 PAGE_10 from a positive site to a very positive site from the standpoint of financing for shopping centers. Mr. Guzy stated the developer has been working with the City to try rectify any problems that would arise from the addition of the Burger King and drive-through facility. Traffic was mentioned as a big issue. Barton-Aschman, who did the first traffic report for the Council, relooked at the development with the Burger King and again came in with the report that traffic remains at a"D" situation for this intersection and actually indicated that in parts of the intersection, there will probably be an improvement. Mr. Guzy stated that regarding the Burger King traffic, it is not a constant traffic, and there are some peak times. The developer provided for the City and the traffic consultant the traffic counts for June, July, and August. Mr. Guzy stated the pedestrian crossing is an issue he had just heard about at this meeting. Again, both with the bikeway/walkway and LRT, it is not a constant traffic. And, it is not uncommon for pedestrians to have to cross a drive- through aisle. Mr. Guzy stated another issue is the noise issue. Mr. Keith Carlson of Braun Intertech, who did the noise and odor report, will address that issue. If the City is uncomfortable with the report prepared by Braun, the developer is willing to let the City hire another expert to do an additional report. Mr. Guzy stated Mr. Daniel Blue, representing Burger King, will address issues regarding the Burger King and the drive- in operation. Mr. Guzy stated that the developer is willing to do whatever is necessary to provide adequate screening, whether a 6 ft. or 8 ft. masonry wall. Extra landscaping, whatever is needed, will be provided. He believed the lighting is something that can be addressed. Snow removal was discussed with the original development proposal, and they realize that has to be done. Mr. Guzy stated that regarding the impact of deliveries and the traffic. This type of traffic is not fast; it is a controlled traffic. The enlargement of the area in the back accommodates the loading and unloading of deliveries. The original plan called for Walgreen unloading at the eastern side. That has been changed to the northerly site, which helps remove that noise from the residential area. Mr. Keith Carlson, employed by Braun Intertech to do the noise and odor report for Burger King, stated the report basically 5.10 �LANNING COMMISSION MEBTING. Jl,NUARY 23. 1991 PAGE 11 talks about the implications of the Burger King facility regarding noise and odors. About 5-6 months ago, he looked at a proposed Burger King facility in White Bear Lake, and his report is based on this previous sampling project. Mr. Carlson stated the first item addressed in his report was the distance from the proposed Burger King to the residents on the north side of 66th Avenue N.E., and to the residents on the east side of the project, who would be potentially impacted by the cars going into the driving area. The distance to the residents on 66th Avenue is 150 feet and 400 feet from the property line on the east side of the project. The 8 foot masonry wall will be quite effective in minimizing the noise generated by the Burger King customers. Using the worst case traffic numbers (11:30 - 2:00 p.m.), the noise implication will be minimal. Mr. Carlson stated he was quite concerned about the drive- through speaker noise, because speakers can provide a pretty loud noise even at a fairly significant distance. He looked at the noises on the previous projects and the affect of distances on those noises. Using the worst case scenario with 10-15 m.p.h. downwind from the speaker without any wall, the daytime noise levels came down to zero. Speakers are very directional and once you get 25-30 degrees away from the direct line of the speaker, the noise levels drop very dramatically. In this proposal, the speaker will be facing toward University Avenue. Mr. Carlson stated that regarding the odors generated from the Burger King and how they can be controlled, in cases where the double baffle system has been used, there is some odor (very little) at 100 feet, and at 100-175 feet under the worst case scenario (daytime during the noon hour) , there is no odor at all. Mr. Carlson stated that regarding the comment that the retaining wall could be more a hindrance than a help from the reflecting noise, that does happen at times under certain road conditions on freeways. Because the nature of the noise caused from the drive-in area would obviously affect the residents on the north side of 66th Avenue, the wall itself is not necessarily causing reflective noise or making it any worse. The noise the neighbors will really be getting is reflective noise from the facility itself. The 8 ft. wall is far more beneficial for the vehicle noise than the potential noise reflected off the facility. Also, prevailing winds are generally from the north and northwest, and that will minimize the potential for sound. Mr. Dan Blue stated he works for the company that owns the Burger King in the southwest quadrant. He stated one of the 5.11 PLANNING COMl�tI86ION MFBTING, Jl�NUARY 23. 1991 PAGE 12 reasons this Burger King wishes to relocate is because it is an old restaurant. Mr. Blue stated that regarding noise, the newest models of drive-through communication are much more sophisticated. The newest models have the ability to turn the volume down on the speaker system that is emitted from the drive-through order station. He also agreed with Mr. Carlson that if the speaker is pointed toward University Avenue, it will have a lot less impact on the community. Mr. Blue stated that regarding the hours of operation, he is not in a position to make any firm decision on the hours of operation for the new location. At the current location, they are open different hours in the wintertime than in the summer- time. Right now, they are open to 11:00 p.m. on weekdays and 1:00 a.m. on Friday and Saturday. In the summertime, they are normally open a little bit later. Burger King would like some flexibility on the hours of operation. Mr. Saba asked how Burger King will handle the waste that is generated. Mr. Blue stated that Burger King is currently looking at a number of ways, from an environmental standpoint, to handle their waste. Most of the products they use are biodegradable, and they are looking at a possible composting site for their paper products in St. Cloud. Regarding litter, Burger King sends employees out into the neighborhood to pick up litter. They also involve community organizations, such as the Boy Scouts, in clean-up activities. Mr. Saba stated the City is in the process of extending the desirability of biking around the community. Does Burger King plan to provide any bike parking for bike traffic? Mr. Blue stated that would not be a problem. If there is bike traffic, they will provide bike racks. Ms. Savage asked why Burger King was looking at relocating because it is an older business. Why not renovate the building and stay where they are? Mr. Blue stated that it is not just renovating the building. They are looking at this new location as being a better traffic generating location because of the ease of entry. Ms. Savage stated she is really concerned about the late hours of operation right next to a residential neighborhood. How can Burger King assure the neighbors that the Burger King facility is not going to disturb them when the facility is open until 1:00 a.m.? 5.12 PLANNING COMMI88ION ME$TINQ, JANUARY 23. 1991 PAGE 13 Mr. Blue stated their past record is very good. There is an apartment building directly behind their existinq location, and there have not been any significant problems with the present hours at that location. Mr. Betzold stated .that with late night traffic, there is often loud traffic--loud mufflers, loud radios, etc., which can be very upsetting to a neighborhood. Is the wall and the landscaping going to do anything to buffer that type of noise? Mr. Carlson stated that as far as loud car noise, there are no guarantees because that will happen. Hopefully, with the new automobile inspection regulations, that will minimize that type of noise. However, there is no guarantee with radio noise. Mr. Saba asked Mr. Carlson the advantage of the 8 ft. versus the 6 ft. wall with landscaping. Mr. Carlson stated he thought the 8 ft. wall is superior. There are also some potential good psychological components of an 8 ft. wall. There is also a big difference aesthetically with an 8 ft. wall than a 6 ft. wall. When the shrubbery is well established, that effect will be minimal. Ms. Modig asked if the developer has any other tenants for the shopping center at this time. Mr. Scott Ericson, the developer, stated that they are in the process of talking with a number of prospective tenants; however, they are in a holding pattern until they move through this process and have a clearer picture of what the individual space layouts will be. The types of uses they are looking at are retail-oriented businesses, such as a video store, hair salon, travel agency, insurance office, etc. Mr. Sielaff asked if some determination has been done on what the queue would be in the drive-through for the order line. When people wait in line, if the line is too long, it is human nature to want to get out of the line. This could cause traffic problems if they tried to back out. Ms. Dacy stated that the length of the drive-through facility is 200 feet so that is enough stacking room for 20 cars. The aisle was also widened to 28 feet to that if there is a car at the order box, another car can pull around and exit out. Mr. stated he would like to give members of the public the opportunity to ask questions of staff and the developer. 5.13 PLANNING COlrII�IBSION MEETINa. JlINUl�RY Z3. 1991 PAGE 14 Mr. Ladd Ohlsson, 376 - 66th Avenue N.E., asked if Burger King would be permitted to have a large neon sign on the roof. Ms. Dacy stated that roof signs will not be permitted on this facility. The project will only be allowed a maximum of 80 sq. ft. for a free-standing pylon sign, maximum height of 25 feet. The development could have two signs, but the maximum would still be 80 sq. ft. for both signs. Because this is a multi-tenant building, the developer will have to submit a comprehensive sign plan. More than likely, there will be an internally illuminated sign on the building. Mr. Ellsworth Hinz, 384 - 66th Avenue N.E., asked where the parking lot for Burger King would be located and how large it would be. He stated he also disagreed with Mr. Carlson about the winds from the north and northwest. In the evening, the winds are often from the south, and the residents on 66th Avenue will suffer from the odors from the restaurant. Ms. Dacy stated that as originally planned, the parking will be in front of the building. There will be no Burger King parking to the rear of the building. The parking at the rear is only for delivery vehicles. Mr. Duane Hanson, 365 - 66th Avenue N.E., asked how the loading and unloading traffic will work for Walgreen with the drive-through. Ms. Dacy stated that supposedly Walgreen has agreed to not use their docking facilities between the peak hours of 11:30 - 2:00 p.m for the restaurant. However, drive-through traffic could still get around a small panel truck located at the rear of the Walgreen building. Mr. Betzold stated peak hours have been identified as 11:30 - 2:00 p.m. Wouldn't 5:00 - 6:30 p.m. also be considered peak hours? Mr. Blue stated that is true, but the evening hours are not as high a volume level as the noon peak hours. Mr. Jim Thayer, 377 - 66th Avenue N.E., asked how many cars Burger King needs going through the drive-through facility to make it a viable part of their business. Mr. Blue stated that if they had the same location without the drive-through, they would probably have about 40� less business. It would not be a viable alternative to put the restaurant in without the drive-through. Mr. Guzy stated that in Burger King's present location, the maximum number of cars was recorded at 97 between the hours 5.14 PLANNING COMMISSION ME$TINt�. JAI�IIlIRY 23, 1991 PAGE 15 of 12 : 00-1: 00 p.m. , but that number varies from day to day and from time to time. Mr. Thayer stated that is a lot of cars going through the facility in 1 1/2 hours. Mr. George Meissner,.373 Mississippi Street N.E., stated that relative to loading and unloading, is Burger King going to have to load and unload all their products in the diagonal parking spaces, or can trucks be parked in the area by the Burger King and loaded and unloaded down there. Mr. Blue stated that the service entrance to the Burger King is located by the dumpster area, and the delivery trucks could park in back leaving enough room for cars in the drive-through lane. They can also schedule their deliveries for times that are convenient for them. Mr. Ohlsson, 376 - 66th Avenue N.E., asked if any crosswalks were planned for foot traffic crossinq Mississippi safely from the south. Ms. Dacy stated there was not. The best crossing is the Mississippi/University intersection where there is a crosswalk. Ms. Terrie Mau, 246.Mississippi Street N.E., stated people are saying that the present Burger King location is fine. She stated she does quite a bit of business with Burger King now because her business is close to them. She stated that just last week there were three traffic accidents of people either trying to enter onto the frontage road or come off the frontage road at Mississippi. It is difficult to get to Burger King. To say that the Burger King would increase traffic on the northeast corner is true, but it would be a safer increased traffic. She did not believe the traffic flow will increase enough with the new location to have a major impact on the area. Ms. Mau stated she is also concerned about traffic on this street and did not want to see too much increased traffic, but this is a shopping center and these businesses have to survive. Also, they should not hold businesses accountable for bikers and walkers who don't want to use the crosswalks, and they should not expect the developer to provide places to cross. They cannot be responsible for every individual in the City who does not use common sense. Ms. Mau stated she had more fear for the children who will be coming to the shopping center to go to Burger King, but she would like to see the Burger King stay in Fridley. McDonalds has moved out further, and there are not a lot of fast food 5.15 JINQ COMMI88ION MBETINQ, Jl�TIII►RY 23. 1991 PAGE 16 restaurants in this area. Burger King is in a difficult location now and they should be given an opportunity to go into this new shopping center. Mr. Jim Thayer stated he is against the proposal. It does a number of things that make it even less viable than the original proposal and the original proposal was not very viable. Additional pollution will be created--noise, lighting, odor. There is always the probability that the new filters will get plugged up or not be cleaned adequately. It does not mean there will be odors all the time, but there certainly will be enough of the time. But, the biggest impact on the community, at least the homeowners immediately adjacent to the center, is the sound and the light. This is not going to be a quiet neighborhood anymore. Many people in the neighborhood get up very early in the morning to go to work and go to bed around 9:00-10:00 p.m. Mr. Thayer stated he believed the traffic patterns suggested by the developer will not work. It is impossible for truck drivers to make deliveries on set schedules. There are too many parameters involved that will keep them from doing that. Mr. Thayer stated the whole building has been reduced in size. That means it reduces the revenues the City will get from it. Mr. Thayer stated the one entrance and one exit is a disaster waiting to happen, particularly if Burger King gets the type of traffic flow they need to make it a profitable business. Mr. Betzold stated there are some proposed changes in the landscaping; specifically, the size of the wall, additional landscaping, etc. If the City Council does approve this amended site plan, is there anything about the landscaping Mr. Thayer would like to see done to mitigate some of these problems? Mr. Thayer stated he believed there should be a wall to contain the trash. It should probably be a 6 ft. wall with at least a 2 foot very carefully designed noise barrier on top of it, because there will be a lot of reflected noise. Mr. Thayer stated that regarding trash, Mr. Blue said that Burger King picks up its trash. However, there are still lots of people who are not environmentally conscious enough to avoid throwing trash around, and that material spreads in a big hurry. He believed there will be a great deal more trash in the neighborhood than there is now, and that would be pretty pathetic. Most of the people on 66th Avenue try very hard to keep their homes and yards looking very nice. 5.16 PLANNING COIYIIrIIBSION MEETIN(� Jl�NUARY 23 1991 PAGE 17 Mr. Thayer stated this piece of property is just too small for a development of this size. The addition of the Burger King would make the situation even worse for the neighbors, so that eventually the neighborhood will go downhill. He opposed this development very vehemently. Ms. Dacy stated she would like to clarify an earlier statement made by Mr. Guzy regarding 97 vehicles during the peak noon hours. The 97 vehicles for the 1 1/2 hours for Burger King are both drive-through and sit-down traffic. Maximum drive- through traffic is 40 cars. Mr. Meissner, 373 Mississippi Street N.E., stated he is also against the proposed changes to the development. They are going from a development that was considered negative by most of the people in the neighborhood the first time, even though the Council approved it, to a development with changes that go even more in the negative direction. He is particularly negative from the standpoint of traffic. Getting into and out of the site given the size of the entrance and exit is going to be difficult. Since the public hearing for the original proposal, he has observed traffic backed up past that driveway on Mississippi Street nearly to his driveway. Mr. Meissner stated that as far as the wall, he did not live close enough to be affected by it visually. But, it is his opinion that a higher wall would be better, both from a sound standpoint and a visual standpoint. Mr. Ron Widlund, 445 - 67th Avenue N.E., stated he believed an 8 foot wall would be better. He stated that regarding new tenants, he knew that one of the new tenants is a pizza restaurant. The pizza restaurant will be located approximately in the middle of the center and will have pizza delivery that goes from 4:00 p.m. to 12:00-1:00 a.m. This business will also generate traffic that will interfere with the traffic going through the drive-through. He is concerned about the noise and odor from the pizza. In addition to a pizza restaurant, he understands there is going to be another restaurant, a Chinese restaurant. How many restaurants are needed in this area? The City should look at what else is going into the shopping center before they decide on Burger King. He stated he is very much against the whole development. The property values in this area are going to go down. Mr. Scott Ericson stated the final tenants for this center will not be determined until there is formal approval by the ownership partnership of the project and the project lender. They are considering a number of uses for the center, but none of them are officially or formally planned to be part of the center until this new plan is approved. 5.17 ANNING COMMISSION ME$TINQ, Jl�NUARY 23,_ 1991 PAGE 18 Ms. Dacy stated the issue that triggered the substantial change to this project was the drive-through facility for Burger King. However, the developer should be aware and the Commission should be reminded that the S-2 district does give the City the latitude to determine whether or not a use is appropriate. If thzee restaurants are to be located within the facility, then the City should be made aware of that because then the developer will need to address stipulation #17 in the original proposal to make sure those facilities are vented properly. As each tenant space is occupied, the City will be looking at that use and how it fits into the overall redevelopment plan of the center. She was not aware that there could be three restaurants within the center; and if that is the case, they need to discuss that and the City Council might want to look at that in more detail. A resident of the neighborhood stated he is against the proposal for two reasons: (1) the excess traffic generated because of it; (2) the late hours that Burger King might establish. He would like to encourage Burger King to stay in its present location and encourage other developers to look at the southwest quadrant and get that developed. He also thought it would be environmentally better to have an 8 foot wall. Mr. Thayer stated there was an article recently in the Fridley Focus about the City's attempts at tax increment financing. The Center City Redevelopment Area was a very viable tax increment district, but there is a larqer one at I-694/Highway 65 which is doing absolutely nothing. The Moon Plaza Shopping Center and the southwest quadrant is also in a tax increment district, and nothing is happening there either. He stated he thinks the City needs to look very carefully at what they are doing in the area of tax increment financing, because it is not doing what they hoped it would do. It is not bringing in the revenues the City thought it would, and the City has to look at the reasons why. Part of it is the economy, and another part of it may be the locations. But, he is deeply concerned that this is just another one of the projects that will not work out. MOTION by Mr. Kondrick, seconded by Mr. Saba, to close the public hearing. IIPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BETZOLD DECLARED THE MOTION CARRIED AND THE PIIBLIC HEARING CLOSED AT 9:45 P.M. Mr. Betzold stated that in June 1990, the Planning Commission voted to deny the original development proposal based on concerns about LRT. The City has recited that LRT is part of 5.18 PLANNIN6 COMMISSION l+iE$TINt3. JAI�TQARY 23. 1991 PAGE 19 the plan, and they must accept that. It has also been a long standing commitment of the City to develop this northeast corner. Now, the Commission has to decide whether they want to accept the original proposal with the changes. Ae did not dispute the fact that the Walgreen store and the Burger King will make this project economically prosperous. This also qives the City the opportunity to make some changes in the landscaping which miqht be beneficial to the neighbors. Mr. Betzold stated his concern is the traffic pattern. The Commission wanted to try to minimize the impact to the neighbors, particularly those along 66th Avenue. The original idea was to have the loading on the east side and nothing on the north side. Although the developer is proposing a higher wall and more landscaping, there is still the fact that there is going to be a lot of cars going by on the north end. He also keeps thinking of the loud mufflers, loud radios, diesel trucks, etc., that will be heard late at night. Mr. Saba stated he shared the same concerns. He is concerned about the hours of operation, the traffic that will be occurring at a major bikeway/walkway system and pedestrian crossing, many of whom are senior citizens from the senior building. As the Commission discussed in June, this whole development is kind of intrusive into the neighborhood, and they want to be as cautious as possible about what goes into the center. As much as he likes the Burger King, he did not think this is a proper location for it. Ms. Savage stated she also agreed this is not the proper location for a Burger King. She is particularly concerned about the late hours, traffic noise, and the possibility of a lot of younger people congregating over the weekend late at night. It is just too intrusive into the residential neighborhood. She thought every effort should be made by the developer to find businesses that will minimize this kind of intrusion. She is opposed to the development with the addition of a drive-through window. Mr. Kondrick stated he did not share Mr. Betzold's, Mr. Saba's, and Ms. Savage's concerns. He stated he believed the additional number of cars that will be going through the site is misleading. He did not think there will be that much of an impact with the drive-through window. He stated he had been a little concerned about the loading and unloading in the rear, but trucks cannot be back there during the busy business hours. He thought a lot of the noise will be curtailed by the 8 foot wall. The wall will also catch the debris. The stacking of cars is adequate. He did not have any more problem with this proposal as amended than he did before. 5.19 PLANNING COMMISBION IdEBTINQ. JPildQl�lRY 23. 1991 PAGE 20 Ms. Modig stated the fact is that they have a development that is going to go in there. She would rather have a"known" tenant that has been a good and viable member of the community for many years than an "unknown" tenant, even with the drive- through. The developer has addressed the traffic, noise, lighting, and odor issues and seems to be willing to negotiate and cooperate with the City to meet all the standards the City is proposing. She did not have any problem with this proposal as amended. Mr. Sielaff stated the developer has indicated a willingness to provide barriers and to aesthetically do something about those barriers. He stated he is struggling with the question: What better development could there be for this area than what is being proposed? And, he did not know the answer to that question. He did have a concern about air quality in the area behind the facility because of a lack of ventilation behind there with cars and idling engines. Assuming that it will not be a problem, he could find nothing else wrong with this development, and he would be inclined to vote in favor of it. Mr. Saba stated his biggest concern is the addition of the drive-through and the affect the development will have on the residential area. He has a lot of respect for R-1 zoning and residential neighborhoods that try to keep their areas looking nice. He is very concerned about the possibility of more restaurants in this shopping center if this is approved by City Council. He would definitely be opposed to any more food restaurants in this development. Mr. Sielaff stated he is also concerned about more food restaurants in this development. Mr. Kondrick asked if the Planning Commission can add a stipulation limiting the number of restaurants in this development. Ms. Dacy stated she believed the Commission could make a stipulation to limit the number of restaurants, but she would like the City attorney's opinion on this type of limitation before the City Council meeting. MOTION by Mr. Kondrick, seconded by Ms. Modig, to recommend to City Council approval of the amendment to the adoption of the redevelopment plan for Fridley Town Square development to consider adding a drive-through window for a fast food restaurant on the west side of the proposed building with the following stipulations: 1. The screening wall shall be extended to University Avenue. The landscaping plan shall be revised to add additional evergreens along 66th Avenue if a 5.20 PLANNING COMMI88ION MEETIN(3. Jl�NQ1,RY 23. 1991 PAGE 21 six foot height is maintained or ivy plantings along the wall if an eight foot height is constructed. A three foot continuous hedge and trees for every 50 feet of driveway should also be provided along University Avenue. 2. A lighting glan shall be submitted and approved in conjunction with the building permit application. 3. A pavement marking plan delineating drive-through and loading traffic shall be submitted in conjunction with the building permit application. A"no parking - loading only" zone should be striped along the rear of the building adjacent to the Walgreen's use and along the east side of the building. 4. The decibel level of the order box shall be at a level where its noise is not audible from residential properties to the north. 5. Construction details of the odor venting system shall be submitted in conjunction with the building permit application. Venting for the fast food restaurant shall be routed to the westerly point of the building before being released to the open air, consistent. with the original approval in June of 1990 (stipulation #17). The petitioner shall install a double baffle filtration system. 6. The property owner shall work with the Anoka County Regional Rail Authority to provide pedestrian connections where appropriate into the site, including striping or sidewalks. 7. Walgreen shall submit in writing and submit to the City, to prohibit loading/unloading activities between 11:00 a.m. and 2:30 p.m. and 4:30 p.m. and 5:30 p.m. 8. 9. No other restaurants shall be allowed in this development project without the consent of the City. An 8 foot wall shall be constructed around the project and extended to University Avenue. 10. A striped walkway from the bikeway/walkway across the driveway to the front of the building and signage indicating the bikeway/walkway shall be included as part of the project. 5,21 PLANNING COMMISSION MEETING, JANIIARY 23. 1991 PAGE 22 IIPON A VOICS VOTL, 1CONDRICR� MODIG, BIELAFF VOTING AYE, BETZOLD, SAHA, BAVAGS VOTINQ NAY, CHAIRPERBON BETZOLD DECLARED THE MOTION FAILED BY A VOTE OF 3-3. MOTION by Mr. Saba, seconded by Ms. Savage, to recommend to City Council denial of the amendment to the adoption of the redevelopment plan for Fridley Town Square development to consider adding a�drive-through window for a fast food restaurant on the west side of the proposed building based on the Commission's discussions and concerns. IIPON A VOICE VOTE, BETZOLD, SABA, SAVAG$ VOTING AYE, RONDRICR, MODIG, BIELAFF V�TING NAY, CBAIRPERSON BETZOLD DECLARED THE MOTION FAILED BY A VOTE OF 3-3. Ms. Dacy stated this item will be go to the City Council on February 11, 1991. 2. RECEIVE DECEMBER 13 1990 HOUSING AND REDEVELOPMENT AUTHORITY MINUTES• MOTION by Mr. Kondrick, seconded by Mr. Saba, to receive the December 13, 1990, Housing and Redevelopment Authority minutes. IIPON A VOICE VOTE, ALL VOTING AYE, CBAIRPERSON BETZOLD DECLARED THE MOTION CARRIED ONANIMOIISLY. 3. �,2ECEIVE DECEMBER 18 1990 ENVIRONMENTAL QUALITY AND ENERGY COMMISSION MINUTES: MOTION by Mr. Sielaff, seconded by Mr. Saba, to receive the December 18, 1990, Environmental Quality and Energy Commission minutes. IIPON A VOICE VOTE, ALL VOTING AYE� CHAIRPERBON BETZOLD DECLARED T8E MOTION CARRIED IINANIMOOSLY. 4. �tECEIVE JANUARY 3 1991 HUMAN RESOURCES COMMISSION MINUTES: O�I TION by Mr. Kondrick, seconded by Ms. Modig, to receive the January 3, 1991, Human Resources Commission minutes. OPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BETZOLD DECLARED T8E MOTION CARRIED tTNANIMOUBLY. 5. �2ECEIVE JANUARY 8 1991 APPEALS COMMISSION MINUTES: O�i TION by Ms. Savage, seconded by Mr. Kondrick, to receive the January 8, 1991, Appeals Commission minutes. 5.2 2 PLANNIN(3 COMMISSION MEBTING, Jl�IdIIARY 23. 1991 PAGE 23 IIPON !► VOICE VOT$� 11LL VOTINt3 AYB� CHAIRPLR80N BETZOLD DECLARRD TH8 itOTION ClIRRI$D IINANIMOIISLY. 6. OTHER BUSINESS: a. 1990 Accomplishments and 1991 Workplan Ms. Dacy stated this is an opportunity for the Commission to look back on 1990 at some of the events that have happened in 1990 and to look at issues the Commission might want to accomplish in 1991. She stated stafi has made some recommendations for 1991 and also included a copy of the Community Development Department workplan for the Commission's information. MOTION by Mr. Kondrick, seconded by Ms. Modig, to accept the 1991 Workplan as presented by staff. QPON A VOICE VOTE, l�LL VOTING AYB, CHAIRPERSON BETZOLD DECLARED THE MOTION CARRIED IINANIMOIIBLY. ADJOURNMENT• MOTION by Mr. Kondrick, seconded by Mr. Sielaff, to adjourn the meeting. Upon a voice vote, Chairperson Betzold declared the January 23, 1991, Planning Commission meeting adjourned at 10:30 p.m. Res ectfully submitted, � �., Ly n 5aba Rec rding Secretary 5.23 8I0�1—I�1 •BEET PL�II�TNII�TG COMIiZBBZO�i �ETZ�TG� Januarv 23, 1991 5.24 BI�i�T-IN BBEET BL]�NNZitQ CO24IIBBZO]i �tBETZ�TG, JarnuzLy 23, 1991 , _ � . DATE: TO: FROM: SUBJECT: 5. Community Development Department NG DIVISION City of Fridley February 7, 1991 r� , William Burns, City Manager �y �,. Barbara Dacy, Community Development Director Redevelopment Plan Amendment Request; Fridley Town Square Attached is the staff report and Planning Commission mi�utes for the redevelopment plan amendment for the Fridley Tow�n Square development. The Planning Commission did not pass a motion to approve or deny. Both motions failed on a 3-3 tie. However, the Planning Commission recommended the following stipulations if the City Council approved the request: 1. The screening wall shall be extended to University Avenue. The landscaping plan shall be revised to add additional Evergreens along 66th Avenue if a six foot height is maintained or Ivy plantings along the wall if an eight foot height is constructed. A three foot continuous hedge and trees for every 50 feet of driveway should also be provided along University Avenue. 2. A lighting plan should be submitted and approved in conjunction with the building permit application. 3. A pavement marking plan delineating drive-through and loading traffic shall be submitted in conjunction with the building permit application. A"no parking - loading only" zone should be striped along the rear of the building adjacent to the Walgreen's use, and along the east side of the building. 4. The decibel level of the order box should be at a level where its noise is not audible from residential properties to the north. 5. Construction details of the odor venting system shall be submitted in conjunction with the building permit application. Venting for the fast food restaurant shall be routed to the westerly point of the building before being released to the open air, consistent with the original approval in June of 1990 (stipulation #17). The petitioner shall install a double baffle filtration system. �y 5.26 Fridley Town Square Redevelopment Plan Amendment February 7, 1991 Page 2 6. The property owner shall work with the Anoka County Regional Rail Authority to provide pedestrian connections where appropriate into the site, including striping or sidewalks. 7. Walgreen shall submit in writing and submit to the City, to prohibit loading/unloading activities between 11:00 a.m. and 2:30 p.m. and 4:30 p.m. and 5:30 p.m. 8. No other restaurants shall be allowed in this development project without the consent of the City. 9. An 8 foot wall shall be constructed around the project and extended to University Avenue. 10. A striped walkway from the bikeway/walkway across the driveway to the front of the building and signage indicating the bikeway/walkway shall be included as part of the project. BD/dn M-91-88 � 5.2? � STAFF REPORT APPEALS DATE ��"(Y�F PLAWI�qNG CON�vIISS�4W DATE : January 23, 1991 gD/dn FRIDLEY CITY COUNCIL DATE : February 1 1, 1991 AUTh10R I REQUEST PERMIT NUMBER APPLICANT PROPOSED REQUEST LOCATION SITE DATA SIZE DENSITY PRESENT ZONING ADJACENT LAND USES 8� ZONWG UTLrfES PARK DED{CATION ANALYSiS FINANCIAL IMPLICATIONS CONFORMANCE TO COMPREHENSNE PLAN COMPATIBtLITY WITH ADJACENT USES 8� ZONNG ENVIRONMENTAL CONSIDERATIONS STAFF RECOMMENDATION APPEALS RECOMMENDATIOr PLANNING COMMISSION RECOMMENDATION � ZOA 4�90-02 Fridley Town Square Associates Amendment to an approved development plan in an S-2, Redevelopment District Northeast corner of University Avenue and Mississippi Street 2.86 acres x/a R-1 and C-1 North - R-1, Single Family; East - R-1, Single Family; West - C-3, Shopping Center; South - S-2, Redevelopment Services available Park dedication fees payable at time of building permit HRA has approved conceptual agreement for TIF assistance Yes N/A 5.28 Fridley Town Square Redevelopment Plan Amendment Page 2 Probosal The petitioner is proposing an amendment to the originally approved development plan in an S-2 District to add a fast-food drive- through facility at the west end of the proposed shopping center in the northeast corner of Mississippi Street and University Avenue. The intended tenant is Burger King, which would relocate from the current location at the southwest corner of University Avenue and Mississippi Street. Because a drive-through facility was not discussed during the original development plan approval, staff determined that it constituted a substantial change in the development plan. Section 205.22.5.(C) of the S-2 District requires that substantial changes be submitted to the Planning Commission with final approval by the City Council. Background In March of 1990, the petitioner filed a rezoning application for construction of a 28,230 square foot neighborhood shopping center. The Planning Commission considered the redevelopment of the northeast corner of University Avenue and Mississippi Street at the April 25, 1990 meeting. The Planning Commission recommended on a 4-1 vote denial of the rezoning request from C-1, Local Business and R-1, Single Family Dwelling to S-2, Redevelopment District. The Planning Commission determined that the LRT issue should be resolved prior to making a recommendation for the development of the property for commercial/retail use, and some Commissioners felt that the proposed development was over-built. On June 18, 1990, the City Council approved the rezoning request and the proposed development plan subject to 18 stipulations. The HRA has agreed to assist the project with tax increment financing; however, a development contract has not been executed in order that the planning issues are resolved with the proposed request to add a drive-through window for a fast-food restaurant within the facility. Analvsis Adding the drive-through window function to the proposed site has the following impacts: 1. Site design. The proposal would dictate that traffic utilizing the fast-food drive-through window would enter the site at the far east side, travel north to the rear of the building, travel west to the west 5.29 Fridley Town Square Redevelopment Plan Amendment Page 3 side of the building to the order window, and then pick up the food along the west wall of the shopping center. Customers would then leave the site traveling south to the end of the parking lot, then east to the site entrance.(counter-clockwise pattern). The originally-approved plan proposed that the rear of the building was to be used for truck loading and unloading activities only. A clockwise traffic pattern was proposed. Also, the loading and unloading area was located on the east side of the shoppinq center; however that has changed to the north side of the shopping center directly behind Walgreen's. Mixing automobile traffic with larger vehicle and truck traffic at the rear of a building is not typical, and usually discouraged. The developer has given us another example of this situation in Circle Pines. We hope to have a video for the meeting. The petitioner has rearranged the site plan to maintain a 15 foot setback along 66th Avenue, but widened the driving aisle along the rear of the building from the originally-proposed 20 foot wide driving aisle to 28 to 33 feet in width, depending on the particular location on the site plan. The intent of the widening of this area is to give room for service vehicles to make deliveries during the day, but yet allow automobile traffic to circulate around the rear of the building while service vehicles are on the property. The petitioner has indicated that Walgreen's would agree to a restriction on loading/unloading activities during the peak restaurant period of 11:00 a.m. to 2:30 p.m. Trucks would park parallel to the building and unload by a curving conveyor into the building. 2. Traffic impacts. We asked Barton-Aschman to revise the April 1990 traffic study to address the impacts of the fast-food restaurant. Included in your packet is the consultant's report and recommendation (remember that Barton-Aschman is the City's consultant, and the developer paid the fees). The consultant determined that there would be no change in the level of service on Mississippi Street during peak hour from 4:30 p.m. to 5:30 p.m. Although additional traffic valume will be created at this time of the day, it will not be enough to trigger a drop in the level of service. As part of the consultant's analysis, actual data from the current Burger King location was analyzed. The peak hour of the fast-food use appears to be during the noon hour, from 12:00 to 1:00 p.m. 5.30 Fridley Town Square Redevelopment Plan Amendment Page 4 The typical peak for the shopping center occurs as people are traveling home from work between 4:30 p.m. and 5:30 p.m. Remember that the original April 1990 study assumed that 100� of the traffic generated from the site was brand new traffic and not traffic that already exists on the abutting roadways. This was a worst-case approach. In the revised study, it was assumed that 25� of the traffic generated by the fast-food restaurant was traffic that already exists on the roadway. In fact, the consultant noted that relocation of the Burger King to the northeast corner of the intersection redistributes the trips to the extent that the function of the intersection is slightly improved. 3. Noise. The addition of more activity at the rear of the building poses concern for additional noise impact to the neighborhood to the north. Contributors to the noise would be the intercom system for the drive-through vehicles to place orders and responses by the fast-food restaurant employees, and the sound of cars waiting in line to place the order. � The developer has indicated that he has hired a sound consultant (Braun Intertech) to analyze the appropriate decibel level of the order box and other noise generators (see attachment). As another mitigating factor, the developer has proposed an extension of the screening wall from the originally-approved plan an additional 75 feet to the property line along University Avenue (landscaping was originally proposed in this area). The developer has also indicated that, depending on the preference of the City or the neighborhood, he would be willing to construct an eight foot wall or a combination of the originally-proposed six foot wall and additional landscaping. The developer has indicated that the order box would be located in such a manner that it would point toward University Avenue in order to direct the noise away from the neighborhood. 4. Odor. The City Council added a stipulation during its consideration regarding the odor venting from the shopping center. Stipulation #17 required the following: "The HVAC and odor venting shall be designed with all possible design features and equipment which is economically available to eliminate to the greatest extent possible any odor emissions from the shopping center or its individual tenants, and proper venting will be provided for all odors caused by the shopping center or its individual tenants. Venting for specific odor-causing tenants suc� as restaurant or dry cleaning 5.3� Fridley Town Square Redevelopment Plan Amendment Page 5 shall be routed to the most westerly point of the shopping center building before beinq released to the open air." Locating the fast-food restaurant at the extreme west end of the building is consistent with the intent of stipulation #17• The developer has submitted an analysis by Braun Intertech. A double baffle air filtration system has been installed at the Burger King at T.H. 169 and Old Shakopee Road. No odors within 175 feet could be detected. 5. Screening. The petitioner is prepared to construct an eight foot screening wall along 66th Avenue or a combination of landscaping and the originally-approved six foot wall. Staff is concerned that the addition of two more feet on the masonry wall may be perceived as increasing the impact of a large wall mass along 66th Avenue. Staff recommends that if the six foot wall is maintained that the landscaping plan be revised to provide additional landscaping along the northwest part of the site to break up the view and noise generated from that part of the center. If the recommendation is to construct an eight foot wall, we recommend Ivy plantings along the wall in order to break up the expanse and heiqht of the wall. Due to the site design changes on the property, an increased setback is provided along Mississippi Street which will give additional room if the Anoka County Regional Rail Authority needs this area for a small park-and-ride facility. The original landscaping plan did not include a three foot hedge along University Avenue on the west side of the shopping center. If approved, the landscaping plan should be amended to provide a continuous three foot screen along University Avenue to screen the view of the drive-through traffic. Also, trees should be planted for every 50 feet of driveway aisle (this is consistent with the recently-adopted landscaping ordinance). A five foot setback is still maintained along the east lot line adjacent to existinq residences, and there should be no changes to the landscaping plan agreed to by the developer and those homeowners. 6. Light Rail Transit. BRW, Inc. has reviewed the revised site plan for this development. They identified a pedestrian compatibility concern with the drive- through traffic along the west side of the building. The proposed station location for the LRT would be at the northwest part of the site. The bus drop-off for the LRT is proposed to occur along Mississippi Street. The Rail Authority would have to provide a 5.3z Fridley Town Square Redevelopment Plan Amendment Page 6 sidewalk along University Avenue to the bus drop-off. A pedestrian connection should also be made into the site as LRT users may want to either shop at the center or return to their vehicle in the parking lot. The developer should be required to stripe a pedestrian cross-walk area across the westerly driveway aisle in order to accommodate LRT users. This stripinq would obviously not occur until the system is constructed. Pedestrian access plans will be developed in the near future, as the LRT system is nearing draft Environmental Impact Statement review. 7. Hours of operation. As opposed to the originally-proposed plan of typical shopping center tenants, the addition of the fast-food restaurant poses an additional intrusion into the residential area in terms of hours of operation. Typically, fast-food restaurants are open until 11:00 p.m., and the drive-through activities could occur late into the evening, although they are not as heavy as during peak hours from noon to 5:30 p.m. 8. Lighting. Additional lightinq at the rear of the building should be placed such that the light source is completely shielded and located away from the residential area. In fact, locating the wall packs on the south side of the proposed screeninq wall may help to minimize the glare. A specific lighting and location plan should be submitted if the amendment is approved. �tecommendation In rezoning the property to the S-2, Redevelopment District, the district provides the City with the discretion to determine whether or not the proposed development plan is consistent with the redevelopment objectives of the City. During the original consideration, it was determined by the HRA and the City Council that construction of the 28,000 square foot shopping center was consistent with the intent of redeveloping the Center City District. It was determined to be a neighborhood retail facility that would not only provide service to the surrounding residential neighborhood but also provide an addition to the commercial economy of the City of Fridley. During deliberations for the center, the City Council wanted to be sensitive to various impacts on the residential properties to the north and east of the site. The rear of the building was to be for delivery and loading and unloading services only. Hours of operation would be the same as any typical shopping center. 5.33 Fridley Town Square Redevelopment Plan Amendment Page 7 Traffic and parking activity was concentrated to the south of the property abutting Mississippi Street. The proposed addition of the drive-through window does intensify use of the property along 66th Avenue. The developer has identified several mitigating measures to control and contain the various impacts of noise, traffic, and odor. In fact, these measures are in excess of typical free-standing fast-food restaurants abutting residential areas (the former McDonald's site and Hardees). The issue to be decided is whether or not the originally-approved plan in June 1990 is more appropriate/compatible with the adjacent uses and zoning. Despite the improvements made to the site plan in order to accommodate the proposed change (including increasing certain setback areas), staff remains concerned about the impact of the use onto the adjacent neighborhood in terms of noise, odor, and hours of operation. Adding a fast-food restaurant at the end of an existing shopping center building appears to be a new industry concept. However, because of its location on this particular proposed site, it creates an unusual and awkward circulation system around the rear of the building. We are encouraged by the findings of Braun Intertech regarding noise, odor, and air quality. However, should the Planning Commission recommend approval, the following stipulations should apply: 1. The screening wall shall be extended to University Avenue. The landscaping plan shall be revised to add additional Evergreens along 66th Avenue if a six foot height is maintained or Ivy plantings along the wall if an eight foot height is constructed. A three foot continuous hedge and trees for every 50 feet of driveway should also be provided along University Avenue. 2. A lighting plan should be submitted and approved in conjunction with the building permit application. 3. A pavement marking plan delineating drive-through and loading traffic should be submitted in conjunction with the building permit application. A"no parking" zone should be striped along the rear of the building adjacent to the Walgreen's use, and along the east side of the building. � 5.34 Fridley Town Square Redevelopment Plan Amendment Page 8 4. The decibel level of the order box should be at a level where its noise is not audible from residential properties to the north. 5. Construction details of the odor venting system shall be submitted in conjunction with the building permit application. Venting for the fast-food restaurant shall be routed to the westerly point of the building before being released to the open air, consistent with the original approval in June of 1990 (stipulation #17). 6. The property owner shall work with the Anoka County Regional Rail Authority to provide pedestrian connections where appropriate into the site, including striping or sidewalks. 7. Walgreen's shall agree in writing, and submit it to the City, to prohibit loading/unloading activities between 11:00 a.m. and 2:30 p.m. Planninq Commission Action The Planning Commission did not pass a motion to approve or deny. Both motions failed on a 3-3 tie. However, the Planning Commission recommended changes to the stipulations as follows: 5. Construction details of the odor venting system shall be submitted in conjunction with the building permit application. Venting for the fast food restaurant shall be routed to the westerly point of the building before being released to the open air, consistent with the original approval in June of 1990 (stipulation #17). The Aet'tioner shall install a double baffle filtration system. 7. Walgreen shall submit in writing and submit to the City, to prohibit loading/unloading activities between 11:00 a.m. and 2:30 p.m. and 4:30 p.m. and 5:30 �.m. 8. 9. An 8 foot wall shall be constructed around the �roiect and extended to University Avenue. 10. A striped walkway from the bikewav/walkway across the drivewav to the front of the buildincr and signaae indicatina the bikewav/walkway shall be included as part of the bro�ect. 5.3 5 Fridley Town Square Redevelopment Plan Amendment Page 9 City Council Recommendation The petitioner was also investigating the air quality impact from standing cars along the rear of the shopping center building. Braun Intertech was to respond to this issue. As of the writing of this report, we have not received a written report. The City Council may want to ask the petitioner to address this issue. Should the City Council approve the proposed redevelopment plan amendment request, it is recommended that the City Council adopt the recommended stipulations discussed at the Planning Commission meeting of January 23, 1991, which are as follows: 1. The screening wall shall be extended to University Avenue. The landscaping plan shall be revised to add additional Evergreens along 66th Avenue if a six foot height is maintained or Ivy plantings along the wall if an eight foot height is constructed. A three foot continuous hedge and trees for every 50 feet of driveway should also be provided along University Avenue. 2. A lighting plan should be submitted and approved in conjunction with the building permit application. 3. A pavement marking plan delineating drive-through and loading traffic shall be submitted in conjunction with the building penait application. A"no parking - loading only" zone should be striped along the rear of the building adjacent to the Walgreen's use, and along the east side of the building. 4. The decibel level of the order box should be at a level where its noise is not audible from residential properties to the north. 5. Construction details of the odor venting system shall be submitted in conjunction with the building permit application. Venting for the fast food restaurant shall be routed to the westerly point of the building before being released to the open air, consistent with the original approval in June of 1990 (stipulation #17)• The petitioner shall install a double baffle filtration system. 6. The property owner shall work with the Anoka County Regional Rail Authority to provide pedestrian connections where appropriate into the site, including striping or sidewalks. 7. Walgreen shall submit in writing and submit to the City, to prohibit loading/unloading activities between 11:00 a.m. and 2:30 p.m. and 4:30 p.m. and 5:30 p.m. 5.36 Fridley Town Square Redevelopment Plan Amendment Page 10 8. No other restaurants shall be allowed in this development project without the consent of the City. 9. An 8 foot wall shall be constructed around the project and extended to University Avenue. 10. A striped walkway from the bikeway/walkway across the driveway to the front of the building and signage indicating the bikeway/walkway shall be included as part of the project. : � '�e �� is � t � E �s: .: _� � F �� •g' ��. � . f {� i ! � _ � e � E�- �lE's �j�= g S t � ' F a�� 1=ji`s��iye�fi'sili�i�i �ij�a �:ti?�:il? 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M T0� WES sTa ci u' ° o�' � °D �i � �w m _ . _ W_ , v � � � a a } l 200'v.C. � M = 0.09' m ti � � ,.. � a i '� •�i Y ;.,,�,.�.r I .._......� `:�JiVFN�� av._'�'.i_ . . . . . . . . .. . ... ANOKA COUNTY IMPR4VEMENT PLAN _iHt! c� '�1 B:��E� FF,'C�M ERAUFJ ENUIF'ONP1ENTAL PAGE.2�c 5.42 6800 Sa.�tn TN•169. PA Box 39�08 MmneapN�s. Minnesota 55d39 � � � �. Phone612t+4t-5R00 Fax:6ti2'942-4Sb4 ��SS`�t�' BdV1�NY�NfAL 1�BORATOfES January 21, 1991 Mr. Brsd J. Pfaff Midwest Commercial Brol►erage, Inc. 4735 Hiawatha Avenue Minneapolis, MN 5_5406 RE: CWMX-91-Q1�31 Dear Brad: After k�oking at your blueprints and traffic data relating to the Fridley Town Square Project located on thc cast side of Uni�ersity I�Torthcast betweez� Mississippi Street and 66th Avenue Northeast, it is the opinion of Braun Inecrtcc that ihe noise implications of the Bur�er King Restaurant wiIl be minimal. 7'he follo�in� poin�c suppc�rt this conclusion: The distanc:cs (appro�mately l50 feet from residents on 66th Av�enue Northeast and appro�imately 400 f�t from the pro�rty line of the residents t� the East of the project� are enou�h in themselves to minimize noisc impact. In addition, the &fc�ot masonry ��all will help ec�ntain noise gemerated from tbe facility. 'Ihe masonry waIl wilt pro��ide a superior job af d.irecting the noise up and helping attenuate nvises from thc Burger Iiing facility. T'he 8-fcx�e ma.conry wall will alsa be very effective in minimizing nois� geaerated by the Burgcr Iiing cu.stomers wh� may use the one-way strcet for drive thraugh setvicce..c. Th�re sh�uld be Iittle if any impact for residcnts on the east side of the site. The reduced speed (5 mph) will also minirnize vchicular naise. The drivc throu�h speaker noise should not be heard by residcnts located north of 6F,�h A��enue N�rtheast. The drive thraugh speakcr will be positioned such that noisz gene�ated from the spt;akcr is directed iowazds University Avenue. This spealcer position, along with the S-fcxst masonry wall, should climinatc any speaker noise heard by iesidents. $raun Interte�: has sampled a typical Burger Ring Restaurant last summer for noi��e impact and it was found at that timc that duriIIg u worst case scenario (Friday lunch time downwind with no retaining Wall) thst speaker noise was subjectively non-existc.nt at distances of l50 - 175 feet from the speaket. Fnvirpnmenyl C�onsulOng arfO TeSting p//�e in Minnpgota, Wrsovrrsin. 11lir�oiS. fYORh Dakot2 2nd Molrt2l7a a JHI� 5.43 CWMX-91-0031 �dwcct Cnmmercial Brokcrage, Inc. -2- _ January 21, 1991 The �dors generated by the Burger I�ing can be very w�ell eontrollcd if the facility is equipped wzth a douhle baftle air filtration system. The Burger King located on County Raad 18 and Old Shakupee Raad has such a system. Braun Intertec represcntatives performed a subjective ocior study duting ou� noise measurements and w•ere surprised that odors wcrc minimal. 'T'here was no odor detected downwind 175 feet from the faciliry during the busiest hours of the day {Friday 12 p.m. ta l p.m.). We do rcconunend t�,at the dumpsters be enclosed for this particular facility. This wi11 minimize any solid waste Qdc�rs generated from the Burger King facility. In summary, the Burger K�ng Restaurant will not in all probability impact residents adjaccnt to the Fricilcy Town Square Project. If you have any yuestions or a�mments, plcase caIl me at 942-4803. Sincerely, BRAUN IN'TERTEC ENVIItONMENTAL, INC. ,�'��. �� Keith A Carlson, CIH Senior Industr'sal Hygjenist �.�,�,�� .�j. �-� t�,.�> Gre�ory G. Olson, C�H Vicc Ptesident Industrial Hygienc Division K4GCrGO:sajS!Cw�Ivi0031.Jan B�un�� ,vw T�iTGI GGrC f•iG'� %�%• APPROVED PLAN 1. 28,230 2. 143 3. 20 4. 6 5. east side of building 6. plan approved 7. 8. 9. 10. 11. clockwise 5 feet along University Avenue; 15 feet along University Avenue 20 foot length 25 foot aisle Drop-off site; potential for additional spaces along Mississippi Street 322 FRIDLEY TOWN B4IIARE pLAN CHAN(;ES square feet parking spaces aisle width around building screening wall loading zone landscaping traffic direction setbacks parking stall systems LRT Peak hour volumes at site intersection (all directions) 5,44 ,�ROPOSED PLAN 27,745 143 28-33 wall extended to University Avenue; could be eight feet north side of building less area for shrubs along University Avenue counter-clockwise 18 feet along University Avenue One system at 18 feet long with 24 foot aisle Same; however, conflict with pedestrian traffic 404 Virgil C. Herrick James D. Hceh Gregg V. Herrick Of Counsel David P. Newman T0: FROM: DATE: RE: �E�� i�'��.�i ATTORNEYS AT LAW M E M 0 R A N D U M Barbara Dacy, Community Developme��,, irector Virgil Herrick, City Attorney -G��3---� � January 30, 1991 _� S-2 District and Relationship to Fridley Town Square Proposal I acknowledge receipt of your memo on the above subject dated January 29, 1991 together with a copy of the minutes of the Fridley Planning Commission meeting of January 23, 1991. 5.45 In your memorandum you indicate that the proposed Fridley Town Square Proposal is on property that is zoned S-2. You then asked the question whether the City has authority to approve or deny any use which is proposed in an S-2 district. Fridley City Code Section 205.22.02 defines permitted uses. This section states: "Those uses which are acceptable to the overall redevelopment plan and specific development plans as approved by the City. Upon approval of the specific development plans, the City shall determine the specific uses that are permitted within the development." Section 205.22.04 defines uses that are excluded. This section states: "Those uses unacceptable to the overall redevelopment plan and specific development plans, as determined by the City, are excluded uses in S-2 districts." From the context of the sections quoted above, it seems apparent that the City shall: "1. approve the specific development plan, and 2. then determine the specific uses that are permitted within the development plan." I would therefore answer your question in the affirmative. After giving you an affirmative answer, I would, however, caution that if the City is to deny specific uses, it should give the owner or developer an opportunity to appear and give reasons why the Council should approve a particular use. If the Council does deny that use, the motion for denial should state the reasons therefore. These reasons could be: congestion, traffic problems, lack of parking, noise, odor, etc. There should be some evidence or testimony in the record that would support the reasons qiven by the Council. VCH:ldb Suite 205, 6401 L�niversiry Avenue N.E., Fridle}�, 11�innesota 55432, 612-�71-385U 5.46 FRIDL$Y CITY COIINCIL l�SBTINQ� O! JIINE 18. 1990 PAGE 10 NF`W BUSINESS :_ 4. FIRST R�ADING OF AN ORDINAN E APPROVING A REZONING. ZOA #90- �� B FRIDLEY TOWN SQUARE ASSOCIATES: Ms. Dacy, Planning Coordinator, stated that the S-2 zoninq district is similar to a planned unit development district. She stated that it is unlike any other district in that Council determines what types of uses are located in the district based on a redevelopment plan. Ms. Dacy stated that staff is recommendinq first readinq of the ordinance to rezone this property in the northeast quadrant of Mississippi and University to S-2 with 16 stipulations. Mayor Nee stated that this rezoninq question is very difficult. He stated that he has given much thought to Mr. Thayer's comment about not makinq the same mistake as last time in regard to this property. He stated that the Planning Commission has recommended against the.reaoninq and the Housing and Redevelopment Authority has recommended approval. He stated that he felt if the rezoninq is approved, there may be several families immediately to the east of the property that may have some damages. He stated that, on the other hand, there are several families that had that impact for the last 25 years. He stated that many persons are opposed to the rezoninq, but he has also heard from others in the community who want this site cleaned up. He stated that under an S-2 zoninq, the City has all kinds of'discretion in terms of the development standards. He stated that in weighinq the pros and cons, he felt it would be in the best interests ot the City to allow the rezoninq. Councilman Billings stated that he contacted those property owners immediately adjacent on 66th Avenue and, unfortunately, the weather has not cooperated, and he did not get out and communicate with residents who live further away from this site. He stated persons several blocks away have signed the petition. Councilman Billings stated that one of the main concerns is the fact that, if this project proceeds and if a LRT station is located on this site, it would necessitate the removal of approximately eight homes for a park-and-ride. He stated that the information received from the Anoka County Regional Railroad Authority was that they are not lookinq at this option for. this site. Councilmair Billinqs stated that another concern was that the site was not larqe enouqh, and additional homes on Mississippi should be taken for this project. He pointed out that the ratio of lot coverage to buildings is 23 percent for this site and 21 percent for Holly Center so these are about the same. He stated that this site would not be any more over-built than Holly Center. He stated 5.47 FRIDLEY CITY COIINCIL 1�SSTING O! JUNE 18. 1990 PAGB 11 that on the other side of the issue, some residents did not want a commercial area to encroach into the residential neighborhood. Councilman Billinqs felt that if this rezoninq is approved, it would precYude or minimize the future commercial encroachment irito the residential neiqhborhood. He stated that there would be no entrances into the residential area from 66th Avenue, and there should be no increased traffic on 66th Avenue as a result of this project. Councilman Billinqs stated that very few people have an idea what type of development should be allowed on this site other than to make it into a park. He stated that because of the close proximity to University Avenue, this site would not be considered for a park. He felt that other options would mean several peak periods of traffic when workers arrive and depart from work. He stated that the traffic for this project would be staqqered rather than two peak hours, which is probably a better option for this site. Councilman Billings stated that one of the other comments pertained to odors. He stated that he does have a stipulation to add regardinq odors beinq generated from a restaurant or dry cleaninq business in particular. Councilman Billings stated that some of the positive aspects of this rezoninq is that development of the site would generate more taxes for the City, County, and school district. He also felt that the development would be a visual improvement for the area and City as a whole. Councilman Schneider stated that his concern is what other type of development should be allowed if this is not approved. He felt that the site, as it now exists, is not good foz the neighborhood. He stated that this proposal is viable and would benefit most of the neighborhood, except possibly one or two homes. He stated that the report from the traffic consultant is that this would not qreatly affect the traffic flow. Councilman Schneider stated that it seems to make sense to proceed with the rezoninq, with the stipulations, so the City has control. MOTION by Councilman Schneider to waive the readinq and approve the ordinance upon first readinq, with the following stipulations: (1) the development shall be constructed in accordance with site plan dated March 8, 1990, as represented in ZOA #90-02; (2) the landscapinq plan shall be revised to �include: (a) six American Lindens alanq the north lot line (b) Honey Locust trees shall be replaced by Hackberry trees; and (c) Annabel Hydranqea species shall be replaced with rosa ruqose; (3) the petitioner shall pay park dedication fees prior to issuance of the buildinq permit; (4) storm water management calculations shall be submitted prior to issuance of the buildinq permit; (5) all rooftop equipment shall be screened from view from the public right-of-ways; (6) the 5.48 � .----- - petitioner shall obtain development contract approval from the and Redevelopment Authority; (7) the petitioner shall Housinq and parkinq execute a maintena otivegservice uses t carlsalesa or other outdoor areas; (8j no autom . the City shall have the repair/display uses shall be permitted, (9i right to review each use w�ii� in �hQ in�e?�tt o�et�hei CenterheCity not it is consistent Redevelopment Plan; (10) the site plan shall be revised to pshared one 18 foot entrance lane and two 12 foot exit lanes; (11) parking and access easements shall be provided io g ethe°Pwest and LRT kiss-and-ride traffic, and Spshall belshielded such that the south lot lines; (12) all liqhtinq erties; (13) all glare does not adversely affect residential proP parkinq and driving areas shalnede i i accord n e�wi h the bCity4s all dumpsters shall be scree ordinance; (15) underqround irrigation shall bela r�o� efree� landscaped areas; and (16) a comprehensive siqn p roval standinq and wall siqn Seconded by�Coun ilwom n Jorqenson.aPp by the City Council. Councilwoman Jorgenson s eabu ldinqs that now exist on thl i$mte Schneider's concern about th et worse. She felt that this and that the problem will only q rezoninq allows the Council to take some action f e haps 5 nother neig h bor h o o d a n y m o r e h a r m. She stated thwa t to a c q u i r e m o r e d e v e l o p e r ma y wish to develop the site but may homes which would further impact the a ff c ult decisionuandlhoped Jorgenson s ta t e d t h a t t h is is a very ositive ma n n e r a n d the rezoning would chanqe the neighborhood in a p not a negative one. Councilman Fitzpatrick stateel borated on in the publicahear n9e allowed and that it has been He stated that there does not this itee a Commi sioner hMcCarion's development should occur on assurance has to be taku=esfor�asparkhandtride facility a not e expanded in the near fut addinq MOTION by Councilman Billinqs to amend the heati q tivent lation, Stipulation No. 17 as follows: �17 shall be designed with all air conditioninq, and odor ventinq possible desiqn features and equipment which is economi�odor available to eliminate to the qreatest extent possible any emissions from the shopping center or its individual tenan�he Proper ventinq will be provided for. all odors caused by in center or its individual tenants. Ventinq for specific shopp' q cleaninq shall be odor causinq tenants such as restaurant or dri�n center buildinq routed to the most westerly point of the shopp 9 Councilman before beinq rele voice vo ee allnvotinq aye � MaYor Nee declared Schneider. Upon a the motion carried unanimously. 5.49 FRIDLE CITY COIINCII. MBBTINa O! JII�iE 18. 1990 PAaE �� UPON A VOICE VOTE TAKEN ON THE MAIN MOTION, Councilman Schneider, Councilwoman Jorgenson, Councilman Fitzpatrick and Mayor Nee voted in favor of the motion. Councilman Billinqs voted aqainst the motion. Mayor Nee declared the motion carried by a 4 to 1 vote. Councilman Billinqs requested that in the next two weeks, and prior� to a second readinq of the ordinance, the developer contact the property owners at 365 Mississippi Street and 370 - 66th Avenue to try and reach a mutually acceptable agreement in regard to the landscapinq. 5. R��LUTION NO 34 1990 PROVIDING FOR WATER RATE CHANGE: Mr. Rick Pribyl, Finance Director, stated that this resol tion would increase the water rates in the City. He stated t� the Council, staff, and some of the consultants discussed t s issue a number of times since last December. He stated that t s process started with the need for additional construction and repairs necessary to provide a proper supply of water to operty owners of Fridley. �He stated that these improvements wer outlined in the Capital Improvement Program. Mr. Pribyl stated that various versions f water rates were reviewed, and it was decided to proceed with a two-tier rate structure which would allow for a volum discount for the larqe users that consume over 5,000,000 gallo s per quarter. Fie stated that the rate proposed provides for 0 to 5,000,000 gallons to be priced at .60/1000 qallons and over ,000,000 gallons to be priced at .55/1000 gallons. Mr. Pribyl stated that in arri inq at this rate structure, the rates were compared with surro dinq communities, and it was found that Fridley is extremely com titive. He stated that the increase still provides for discount for senior citizens and those who are disabled. He stated that e first billinq for this increase would not be effective until O tober. Councilman Fitzpatri asked the effect oi the increase for a typical family resi nce. Mr. Burns, City anaqer, stated that if a customer uses 135,000 gallons per qu er, the increase would be about 5.13 percent. Councilman constituen cent dec� issue. / illings stated that he received two letters from questioning the rationale that large users have a five � in the rate at a time when water conservation is�an Mr. ribyl'stated that larqe users are takinq the brunt of the in ease. Therefore, for those who consume 5,000,000 gallons or o er a five cent decrease was offered as it will have a qreater moact on these consumers than on the average resident. CITY OF �RIDLEY PLPiNNZNG COZIIrIIBBION lIEETING, J111'iIIARY 23, 1991 CAT L TO ORDER • Chairperson Betzold cal,led the January 23� Commission meeting to order at 7:35 p.m. ROLL CALL: Members Present: Don Betzold, Dave Kondrick, D� Connie Modiq, Diane Savage, B; Members Absent: Sue Sherek 1991, 5.50 .� ........�.:.. lanning Saba, Sielaff Others Present: Barbara Dacy, Community evelopment Director Michele McPherson, Pla inq Assistant Bob Guzy, 3989 Centra Avenue N.E. Scott Ericson, Frid y Town Square Dev. Daniel Blue, repre ntinq Burger King Keith Carlson, Br n Intertech See attached si -in sheets Mr. Betzold stated that on age 12, the motion shocl��bssionnhas to include wording that s ates that the Planning reviewed the various stu es and ordinances from other cities and that the findings from ose studies and ordinances is consistent with the proposed ordi ance for the City of Fridley. MOTION by Mr. Kond ick, seconded by Mr. Saba, to approve the January 9, 1991, P anning Commission minutes with the following amendment to the tion on page 12: "MOTION by r. Kondrick, seconded by Ms. Modiq, that the Planning ommission has reviewed the various studies and ordinan s from other cities and has found that the findin from those studies and ordinances to be appli able to the issues in the City of Fridley; ther fore, thovala of nan �ordinance regul t ng� sexually Co cil appr o ented businesses...." . pppl�i � VOICB VOTE, ��I�OIISLY. �� C�IRpERBOId BETZOLD DECLARED TH� KOTION CARRIED 5.51 1. PUBLIC �AR�: Amgndment to the adoption o� t�o redevelopment plan for Fridley Town Square development, consider adding a drive-throuqh windo os d buildi g. fThe restaurant on the west side of the prop property included in this redevelopment plan are as follows: �t 9, Block 2, Rice Creek Terrace Plat 1 from R- the lsame Family Dwellinq, to S-2, Redevelopment District, beinq 355 Mississippi Street N.E.; and Lot 12, Block 3, RiceSC2ee Redevel pment District _lthelsame Family Dwellinq, to , beinq 368 � 66th Avenue N.E.; and Lots 10, 11 and 12, Block 2, Rice Creek to the recorded Xplat the South 30 feet thereof, according thereof on file and of record in the office 14�t15 and 16Y Recorder, Anoka County, Minnesota, aaccordi g to the recorded Block 3, Rice Creek Terrace Plat 2, plat thereof one file and of record in the office Single County Recorder, Anoka County, Minnesota, frO1° R to S-2, Family Dwellinq, and C-1, Local Business, Redevelopment District, the same beinq 6525 University Avenue N.E. MOTION by Mr. Kondrick, seconded by Ms. Modig, to waive the readinq of the publiC hearinq notice and open the public hearinq. UppIJ ]► VOZCB VOTB� 1►LL VOTINd I►YB, CHAIRPERSON BETZOLD DECLARED THE MOTION Cl�RRIED AND T$$ pIIBLIC HEARINa OPEN AT 7:40 B.I�I. Ms. Dacy stated the s uth of 66th eAv n e h nd east Coft and Mississippi Street, so . ad j acent to Universi ildin enueThe Tdevel perC hasa proposed �to 10,000 Auto Parts bu 4 i Street and acquire the sinqle family home at 365 Mississipp 370 - 66th Avenue N.E. Ms. Dacy stated that prior to the start of the meeting, there was a question about the location of the existing bikeway and sidewalk. The existinq bikeway/walkway runs alonqtheesouth boundary of the site, and the sidewalk runs along side of the site. Bothtioner�shpr perty.�lic road right-of- way and not on the peti Ms. Dacy stated that in June 1990, the City Council approved est from C-1, Local Business, and R-1, Single the rezoninq requ -to S-2, Redevelopment District, fcr the Family Dwellinq, ln center. construction of a 28,000 sq. ft. shopp' q 5.52 LANNZNG COI42Z88ZON ISEET Jl�NtJl�RY Z3. 1991 PAGE 3 Ms. Dacy stated the reason the Planning Commission is considerinq the proposed request at-this meeting is because staff made the determination that the addition of a drive- through window throughout this shoppinq center represented a substantial change from the oriqinal development plan that was approved by the City Council. The S-2 ordinance states that substantialf inal. ga S r val by the Ci y Counc ie planning Commission with PP Ms. Dacy stated the develoger is proposinq in a revised plan to the shoppinq center to lease 3,000 sq. ft. to Burger King at the extreme west end of the buildinq and to install an order box and an order window at the rear of the buildinq so there could be a drive-through function with,the Burger King. Burger King is the same Burger King owner loca �o edn the southwest quadrant. If this revised plan is app Burger King in the southwest quadrant would become vacant. Ms. Dacy reviewed the revised plan with the followinq changes as submitted by the developer: APPROVED P N 1. 28,230 2. 143 3. 20 4. 6 5. east side of building 6. plan approved �, clockwise 8. 5 feet along University Avenue; 15 feet alonq University Avenue 9. 20 foot length 25 foot aisle square feet parking spaces aisle width around building screening wall loading zone landscaping traffic direction setbacks parkinq stall systems �20POSED PL�N 27,745 140 28-33 wall extended to University Avenue; could be eight feet north side of bldg. less area for shrubs alonq University Avenue counter-clockwise 18 feet alonq University Avenue One system at 18 feet long with 24 foot aisle 10. Drop-off site; LRT Same; however, potential for conflict with additional spaces with pedestrian along Mississippi traffic 11. APPROVED PLAN 322 Ms. Dacy stated the development issues that the to address: :53 ..�._�. Peak hour volumes 404 at site intersection (all directions) that in reviewinq the proposed revision to plan, staff identified eiqht impacts and/or Planninq Commission and City Council will have 1. Site desiqn. The proposal would dictate that traffic utilizinq the fast-food drive-throuqh window would enter the site at the far east side, travel north to the rear of the building, travel west to the west of the of the building to the order window, and then pick up the food alonq the west wall of the shopping center. Customers would then leave the site traveling south to the end of the parkinq lot, then east to the site entrance (counter-clockwise pattern). The oriqinally-approved plan proposed that the rear of the buildinq was to be used for truck loadinq and unloadinq activities only. A clockwise traffic pattern was proposed. Also, the loading andi� lcenter;ahowever located on the east side of the shopp 9 center that has changed to the north side of the shopping directly behind Walqreen's. Mixinq automobile traffic with larqer vehicle and truck traffic at the rear of a building is not typical, and usually discouraged. The developer has given us another example of this situation in Circic nter . didafnotlshave the site, but that shoppinq comparable characteristics. The petitioner has rearranqed the site plan to maintain a 15 foot setback alonq 66th Avenue, but widened the drivinq aisle alonq the rear of the building from the originally-proposed 20 foot wide drivinq aisle to 28 to 33 feet in width, dependinq on the particular location on the site plan. The intent of the wideninq of this area is to give room for service vehicles to make deliveries during the day, but yet allow automobile traffic to circulate around .the rear of the building while service vehicles are on the property. The petitioner has indicated that Walgreen's would agree to a restriction on loading/unloadinq activities during the peak restaurant period of 11:00 a.m. to 2:30 p.m. pLANNING CO1rIIdZ�BION IsESTZNG. Jl�N[Tl�R� Z3 9 ��E 5.54 Trucks would park= into the bu ldinq ldinq and unload by a curving conveyo 2. Traific impacts. Staff asked Barton-Aschman to revise the April 1990 traffic Btudy to address the impacts of the fast-food restaurant. Included in your packet is the consultant's report and recommendation (remember that Barton-Aschman is the City's consultant, and the developer paid the feesj. The consultant determined that there would be no chanqe in the level of service on Mississippi Street during peak hour from 4:30 p.m. to 5:30 p.m. Although additional traffic volume will be created at this time of the day, it will not be enouqh to trigqer a drop in the level of service. As part of the consultant's analysis, actual data from the current Burger King locat e�rs to be dur nq the no n hour of the fast-food use app hour, from 12:00 to 1:00 p.m. The typical peak for the shoppinq center occurs as people are travelinq home from work between 4:30 p.m. and 5:30 p.m. The original April 1990 study assumed that 100� of the traffic generated from the site was brand new traffic and not traffic that already exists on the abuttinq roadways. This was a worst-case approach. In the revised study, it was assumed that 25� of the traffic qenerated by the fast-food restaurant was traffic that already exists on the roadway. In fact, the consultant noted that relocation of the Burger King to the northeast corner of the intersection redistributes the trips to the extent that the function of the intersection is slightly improved. 3. Noise. The addition of more activity at the rear of the buildinq poses concern for additional noise impact to the neighborhood to the north. Contributors to the noise would be the intercom system for the drive-through vehicles to place orders and responses by the fast-food restaurant employees, and the sound of cars waitinq in line to place the order. The developer has indicated that he has hired a sound consultant (Braun Intertech) to analyze the noise qenerators. The report was distributed to the Planr►ing Commission this evening. It states that the distance between the homes and the drive-through facility is far enouqh that the noise impact would be minimal. 5.55 g,LANN2I+ia CO1+II+IISSION K88TII�ia, Jl�NDAAY Z3� 1991 BAGB 6 4. Aa another mitiqatinq factor, the developer has proposed an extension ot the screening wall from the originally- approved plan an additional 75 feet to the property line alonq University Avenue (landscaping was originally proposed in this area). The developer has also indicated that, dependinq on the preference of the City or the neighborhood, he would be willinq to construct an eiqht foot wall or a combination of the oriqinally-proposed six foot wall and additional landscapinq. The developer has located in such University Avenue the neiqhborhood. indicated that the order box would be a manner that it would point toward in order to direct the noise away from Odor. The developer submitted an analysis from Braun Intertech which stated that a double baffle air filtration system was fnstalled at a Burger King facility at TH 169 and Old Shakopee Road. Odor couldn't be detected from the facility at 175 feet. Locating the fast-food restaurant at the extreme west end cf the buildinq is consistent with the intent of stipulation #17; however, as to the type of equipment that will be used to minimize the odor of the fast-food restaurant needs to be submitted by the developer. Ventinq from the restaurant could occur along the west wall of the buildinq. 5. Screening. The petitioner is prepared to construct an eight foot screeninq wall alonq 66th Avenue or a combination of landscaping and the originally-approved six foot wall. Staff is concerned that the addition of two more feet on the masonry wall may be perceived as increasinq the impact of a larqe wall mass alonq 66th Avenue. Staff recommends that if the six foot wall is maintained that the landscapinq plan be revised to provide additional landscapinq along the northwest part of the site to break up the view and noise qenerated from that part of the center. If the recommendation is to construct an eight foot wall, we recommend Ivy plantings alonq the wall in order to break up the expanse and heiqht of the wall. Due to the site desiqn chanqes on the property, an increased setback is provided alonq Mississippi Street which will give additional room if the Anoka County Reqional Rail Authority needs this area for a small park- lLANNINS CO Iif DT ETZNa AIdIIAR 3 9 PI1GE �•�� and-ride facility. However, qiven the reduction in setback alonq University Avenue, the oriqinally proposed shrubs on this eide of the property will have to be placed along the property line, and snow storage on the site should not occur in this area. The original landscapinq plan did not include a three foot hedge along University Avenue on the west side of the shopping center. If approved, the landscaping plan should be amended to provide a continuous three foot screen along University Avenue to screen the view of the drive-through traffic. Also, trees should be planted for every 50 feet of driveway aisle (this is consistent with the recently- adopted landscapinq ordinancej. A five foot setback is still maintained alonq the east lot line adjacent to existinq residences, and there should be no changes to the landscaping plan agreed to by the developer and those homeowners. 6. Light Rail Transit. BRW, Inc., has reviewed the revised site plan for this development. They identified a pedestrian compatibility concern with the drive-through traffic along the west side of the building. The proposed station location The the LRT would be at the northwest part of the site. bus drop-off for the LRT is proposed to occur along Mississippi Street. The Rail Authority would have to provide a sidewalk along University Avenue to the bus drop-off. A pedestrian connection should also be made into the site as LRT users may want to either shop at the center or return to their vehicle in the parking lot. The developer should be required to stripe a pedestrian cross-walk area across the westerly driveway aisle in order to accommodate LRT users. This striping would obviously not occur until the system is constructed. futurerlas the LRT system is n arinqVdraft E vironmental Impact�Statement review. 7. Hours of operation. As opposed to the originally-proPosed plan of typical shopping center tenants, the addition of the fast-food restaurant poses an additional intrusion into the residential area in terms of hours of operation. Typically, fast-food restaurants are open until 11:00 p.m., and the drive-throu gh act yities could occur laas into the evening, althou h the are not as heavy during peak hours from noon to 5:30 p.n►. 5.57 pLANNIN(3 CO1rIIrII88ION MEBTINa. J 7►RY 23. 1991 PAGE 8 8. Liqhting. Additional liqhtinq at the rear of the building should be pl.aced such that the liqht source is completely shielded and located away from the residential area. In fact, locatinq the wall packs on the south side of the proposed screening wall may help to minimize the glare. A specific liqhtinq and location plan should be submitted if the amendment is approved. Ms. Dacy stated that staff believes that the issue the Planninq Commission and City Council has to decide is whether or not the proposed drive-throuqh facility is consistent with the original development plan that was approved in June 1990. Despite the mitiqation that the developer has proposed, there will be more traffic in terms of volume and in terms of location. There will be longer hours of operation due to the nature of a fast food restaurant, and there will be more noise. Adding a fast food restaurant at the end of an existinq shoppinq center building appears to be a new market industry addition; however, it is an atypical traffic pattern. Ms. Dacy stated that, in the developer's defense, they have changed the site plan to maintain the oriqinal setbacks and, in one case, have increased the setback. They have proposed additional screeninq. They responded to a request to do an analysis of the noise and the odors, and they have indicated they will install whatever odor system is available to reduce the odors from the fast food restaurant. Ms. Dacy stated the original plan contemplated the rear of the buildinq purely as a loadinq and unloadinq facility. The proposed plan represents a chanqe from that; however, staff is encouraged by the mitigation proposed by the developer. Mr. Betzold asked if the HRA will be involved in this process at all. Ms. Dacy stated the HRA is aware of the developer's proposed amendment. The HRA has not executed any development contract with the developer and has chosen not to pursue a development contract until this issue is resolved by the Planninq Commission and City Council. Mr. Sielaff stated that reqardinq air quality, what about emissions from cars in the back where the area is more confined with fencinq and the buildinq? Ms. Dacy stated it could be said that with the wall extended to University and"the rear wall of the shoppinq center, a small tunnel is created; however, she believed they should be 5.58 pI,�,NNIIJa C01�4i 88ION BTING. Jl11�TII Y Z3. 1991 PAGE 9 more concerned about the air quality from University Avenue than from the traffic on this particular site. Mr. Saba stated that eince this is an S-2 district, could the Commission restrict the hours of operation? Ms. Dacy etated, yes, they could. Ms. Modig stated it is beinq Baid that the wall will help reduce the impact of noise. What about the bounce-over noise under certain conditions? Ms. Dacy stated the wall will certainly help cut down on some of the noise, however, she cannot say all the noise will be eliminated. Mr. Betzold asked if there is qoing to be sufficient room for snow storage in the back. Will the storaqe of snow impede the � traffic flow? Ms. Dacy stated that is an issue the property manaqement will have to address on a routine basis. The site is tight in terms of areas to store snow. The manaqement may have to haul snow off site. Ms. Modig asked if the bikeway/walkway path and sidewalk will be impacted by the development. Ms. Dacy stated the Commission miqht want to stipulate that the developer has to address a pedestrian crossinq plan or striping or stop siqn where the sidewalk crosses the driveway entrance. Mr. Saba stated the bikeway/walkway is heavily used during the summer. It is the main route for bike traffic on the east side of University to qet to the Community Park. There should be some planned bike path either into the development or an improvement to what is there now, because right now the turn- around by the light is very difficult, and bikers cut across the parking lot. Mr. Bob Guzy, attorney representing the developer, stated that when the developer was before the Commission and City Council, they did not know what type of tenants would qo into this development, other than the Walqreen store. They were approached by Burger Rinq about the possibility of relocating into this development. Burger King has been a corporate citizen of the City of Fridley for many years, and they have made the decision that they would like to relocate, yet stay in the City of Fridley. The addition of Burqer Rinq into the proposed development, alonq with Walqreen, made this site go 5.59 pLANNINCi COI�II�ISBION K88TI1�G. JA1dIIl1RY Z3. 1991 PAGB 10 from a positive site to a very -positive site from the standpoint of financinq for shoppinq centers. Mr. Guzy stated the developer has been working with the City to try rectify any problems that would arise from the addition of the Burqer Kinq and drive-throuqh facility. Traffic was mentioned as a biq issue. Barton-Aschman, who did the first traffic report for the Council, relooked at the development with the Burger Kinq and aqain came in with the report that traffic remains at a"D" situation for this intersection and actually indicated that in parts of the intersection, there will probably be an improvement. Mr. Guzy stated that reqardinq the Burger Kinq traffic, it is not a constant traffic, and there are some peak times. The developer provided for the City and the traffic consultant the traffic counts for June, July, and Auqust. Mr. Guzy stated the pedestrian crossinq is an issue he had just heard about at this meetinq. Aqain, both with the bikeway/walkway and LRT, it is not a constant traffic. And, it is not uncommon for pedestrians to have to cross a drive- through aisle. Mr. Guzy stated another issue is the noise issue. Mr. Keith Carlson of Braun Intertech, who did the noise and odor report, will address that issue. If the City is uncomfortable with the report prepared by Braun, the developer is willinq to let the City hire another expert to do an additional report. Mr. Guzy stated Mr. Daniel Blue, representinq Burger Kinq, will address issues regardinq the Burqer Kinq and the drive- in operation. Mr. Guzy stated that the developer is willinq to do whatever is necessary to provide adequate screeninq, whether a 6 ft. or 8 ft. masonry wall. Extra landscaping, whatever is needed, will be provided. He believed the liqhtinq is somethinq that can be addressed. Snow removal was discussed with the original development proposal, and they realize that has to be done. Mr. Guzy stated that reqardinq the impact of deliveries and the traffic. This type of traffic is not fast; it is a controlled traffic. The enlarqement of the area in the back accommodates the loadinq and unloadinq of deliveries. The original plan called for Walqreen unloadinq at the eawhi h side. That has been chanqed to the northerly site, helps remove that noise from the residential area. Mr. Keith Carlson, employed by Braun Intertech to do the noise and odor report for Burger Rinq, stated the report basically 5,60 PLANNING COAII'II88IOId �IEBTING. Jl1N0l�RY 23� 199 Pl�GE 11 talks about the implications of the Burqer Rinq facility reqarding noise and odors. �bout 5-6 months ago, he looked at a proposed Burqer Rinq facility in White Bear Lake, and his report is based on this previous samplinq project. Mr. Carlson stated the first item addressed in his report was the distance from the proposed Burger Ring to the residents on the north side of 66th Avenue N.E., and to the residents on the east side of the project, who would be potentiaThe impacted by the cars goinq into the drivinq area. distance to the residents on 66th Avenue is 150 feet and 400 feet from the property line on the east side of the project. The 8 foot masonry wall will be quite effective in minimizing the noise qenerated by the Burqer Kinq customers. Using the worst case traffic numbers (11:30 - 2:00 p.m.), the noise implication will be minimal. Mr. Carlson stated he was quite concerned about the drive- through speaker noise, because speakers can provide a pretty loud noise even at a fairly siqnificant distance. He looked at the noises on the previous projects and the affect of distances on those noises. Using the worst case scenario with 10-15 m.p.h. downwind from the speaker without any wall, the daytime noise levels came down to.zero. Speakers are very directional and once you qet 25-30 deqrees away from the direct line of the speaker, the noise levels drop very dramatically. In this proposal, the speaker will be facing toward University Avenue. Mr. Carlson stated that regardinq the odors qenerated from the Burger King and how they can be controlled, in cases where the double baffle system has been used, there is some odor (very little) at 100 feet, and at 100-175 feet under the worst case scenario (daytime durinq the noon hour) , there is no odor at all. Mr. Carlson stated that reqardinq the comment that the retaining wall could be more a hindrance than a help from the reflecting noise, that does happen at times under certain road conditions on freeways. Because the nature of the noise caused from the drive-in area would obviously affect the residents on the north side of 66th Avenue, the wall itself is not necessarily causinq reflective noise or makinq it any worse. The noise the neighbors will really be getting is reflective noise from the facility i�self. The 8 ft. wall is far more beneficial for the vehicle noise than the potential noise reflected off the facility. Also, prevailinq winds are generally from the north and northwest, and that will minimize the potential for sound. Mr. Dan Blue stated he works for the company that owns the Burger Rinq in the southwest quadrant. He stated one of the 5.61 pLANNING CO1rIIrII88I0I1 MEETING. Jl�i�i0l�RY Z 3. 19 91 pAa$ 12 reasons this Burqer Rinq wishes to relocate is because it is an old restaurant. Mr. Blue stated that reqarding noise, the newest models of drive-through communication are much more sophisticated. The newest models have the ability to turn the volume down on the speaker system that� is emitted from the drive-through order station. He also aqreed with Mr. Carlson that if the speaker is pointed toward University Avenue, it will have a lot less impact on the community. Mr. Blue stated that reqardinq the hours of operation, he is not in a position to make any firm decision on the hours of operation for the new location. At the current location, they are open different hours in the wintertime than in the summer- time. Right now, they are open to 11:00 p.m. on weekdays and 1:00 a.m. on Friday and Saturday. In the summertime, they are normally open a little bit later. Burqer King would like some flexibility on the hours of operation. Mr. Saba asked how Burqer Kinq will handle the waste that is qenerated. Mr. Blue stated that Burger King is currently looking at a number of ways, from an environmental standpoint, to handle their waste. Most of the products they use are biodegradable, and they are looking at a possible compostinq site for their paper products in St. Cloud. Reqardinq litter, Burger King sends employees out into the neighborhood to pick up litter. They also involve community organizations, such as the Boy Scouts, in clean-up activities. Mr. Saba stated the City is in the process of extendinq the desirability of bikinq around the community. Does Burger Kinq plan to provide any bike parkinq for bike traffic? Mr. Blue stated that would not be a problem. If there is bike traffic, they will provide bike racks. Ms. Savage asked why Burger Kinq was look�n � ren ate tthe because it is an older business. �Y buildinq and stay where they are? Mr. Blue stated that it is not just renovatinq the buildinq. They ic g eneratinq location becauseaoi the easelof entrytter traff q Ms . Savaqe stated she is really concerned about the late hoHow oi operation riqht next to a residential neiqhborhood. can Burger Kinq assure the neiqhbors that the Burqer Kinq facility is not qoinq to disturb them when the facility is open until 1:00 a.m.? 5.6z pLANNING COIrIIdI88ION 1SSBTING. Jl1T�iIIl�RY 2 3. 19 91 liGE Mr. Blue stated their past record is very qood. There is an apartment buildinq directly behind their existinq location, and there have not been any eiqnificant problems with the present hours at that location. Mr. Betzold stated that with late niqht traffic, �e which often loud traffic--loud mufflers, loud radios, etc., can be very upsetting to a neiqhborhood. Is the wall and the l a n d sca pin g goin g to do anythinq to buffer that type of noise? Mr. Carlson stated that as far as loud car noise, there are no quarantees because that will happen. Hopefully, with the new automobile inspection requlations, that will minimize that type of noise. However, there is no quarantee with radio noise. Mr. Saba asked Mr. Carlson the advantage of the 8 ft. versus the 6 ft. wall with landscapinq. Mr. Carlson stated he thought the 8 ft. wall is superior. There are also some potential qood psycholoqical components of an 8 ft. wall. There is also a biq difference aesthetically with an 8 ft. wall than a 6 ft. wall. When the shrubbery is well established, that effect will be minimal. Ms. Modiq asked if the developer has any other tenants for the shoppinq center at this time. Mr. Scott Ericson, the developer, Btated that they are in the process of talkinq with a number of prospective tenants; however, they are in a holding pattern until they move through this process and have a clearer picture of what the individual space layouts will be. The types of uses they are looking at are retail-oriented businesses, such as a video store, hair salon, travel agency, insurance office, etc. Mr. Sielaff asked if some determination has been done on what the queue would be in the drive-through for the order line. When people wait in line, if the line is too long, it is human nature to want to get out of the line. This could cause traffic problems if they tried to back out. Ms. Dacy stated that the lenqth of the drive-through facility is 200 feet so that is enouqh stacking room for 20 cars. The ais�eworder box i another car can pull aro nd and exit outar at Mr. stated he would like to qive members of the public the opportunity to ask questions of staff and the developer. 5,63 pLANNII�IG COMMZSSIO�i KEETING. JliNUlrRY �3. 1991 PAGB 14 Mr. Ladd Ohlsson, 376 - 66th Avenue N.E., asked if Burger Kinq would be permitted to have a larqe neon siqn on the roof. Ms. Dacy stated that roof siqns will not be permitted on this facility. The project will only be allowed a maximum of 80 sq. ft. for a free-standinq pylon sign, maximum heiqht of 25 feet. The development could have two siqns, but the maximum would still be 80 sq. ft. for both signs. Because this is a multi-tenant buildinq, the developer will have to submit a comprehensive siqn plan. More than likely, there will be an internally illuminated siqn on the buildinq. Mr. Ellsworth Hinz, 384 - 66th Avenue N.E., asked where the parkinq lot for Burqer Kinq would be located and how large it would be. He stated he also disaqreed with Mr. Carlson about the winds from the north and northwest. In the evening, the winds are often from the south, and the residents on b6th Avenue will suffer from the odors from the restaurant. Ms. Dacy stated that as oriqinally planned, the parkinq will be in f to the rear of the buildi q e Thelparki q at the rear parkinq is only for delivery vehicles. Mrad in a andHunl adi q traffictwill work for�Walgreen ith the lo q drive-throuqh. . Ms. Dacy stated that supposedly Walqreen has agreed to not use their docking facilities between the peak hours of 11:30 - 2: 00 p,m i° et around au sm 11 panel truck located t he rear could stil q of the Walgreen buildinq. Mr. Betzold stated peak hours have been identified as 11:30 - 2:00 p.m. Wouldn't 5:00 - 6:30 p.m. also be considered peak hours? Mr. Blue stated that is true, but the eveninq hours are not as hiqh a volume level as the noon peak hours. Mr. Jim Thayer, 377 - 66th Avenue N.E., asked how many cars Burger Kinq needs goinq throuqh the drive-throuqh facility to make it a viable part of their business. Mr. Blue stated that if they had the same location without the drive-through, they would probably have about 40$ less business. It would not be a viable alternative to put the restaurant in without the drive-throuqh. Mr. Guzy stated that inwasrrecorded,atP975betweenathenhours maximum number of cars i 5.64 pLANNING COI�IIrII88ZOld iI88TIl�iG. Jl1NQl�RY Z3, 1991 pl�GE 15 of 12 : 00-1: 00 p.m. , but that number varies from day to day and from time to time. ' Mr. Thayer stated that is a lot of cars goinq through the facility in 1 1/2 hours. Mr. Georqe Meissner, 373 Mississippi Street N.E., stated that relative to loading�and unloadinq, is Burger Kinq going to have to load and unload all their products in the diagonal parking spacand loaa a and nloaaeaaaown there e area by the Burger King Mr. Blue stated that the service entrance to the Burger King is located by the dumpster area, and the delivery trucks could park in b e k an also schedule their deliveriesefor timesrthat lane. Th y are convenient for them. Mr. Ohlsson, 376 - 66th Avenue N.E., asked if any crosswalks were planned for foot traffic crossinq Mississippi safely from the south. Ms. Dacy stated there was not. The best crossing is the Mississippi/University intersection where there is a crosswalk. Ms. Terrie Mau, 246 Mississippi Street N.E., stated people are sayinq that the present Burger King location is fine. She stated she does quite a bit of business with Burger King now because her busir►ess is close to them. She stated that just last week there were three traffic accidents of people either tryinq to enter onto the frontage road or come off the frontage road at Mississippi. It is difficult to get to Burqer King. To say that the Burger Kinq would increase traffic on the northeast corner is true, but it would be a safer increased traffic. She did not believe the traffic flow will increase enouqh with the new location to have a major impact on the area. Ms. Mau stated she is also concerned about traffic on this street and did not want to see too much increased traffic, but this is a shoppinq center and these businesses have to survive. Also, they should not hold businesses accountable for bikers and walkers who don't want to use the crosswalks, and they should not expect the developer to provide places to cross. They cannot be responsible for every individual in the City who does not use common sense. � Ms. Mau stated she had more fear for the children who will be coming to the shopping center to go to Burqer Kinq, but she would like to see the Burger Rinq stay in Fridley. McDonalds has moved out further, and there are not a lot of fast food 5.65 PyANNINa COl4�II88ION KEBTING. J�i0At3Y �s_ 1991 pAa$ i6 restaurants in this area. Burqer Kinq is in a difficult location now and they should be qiven an opportunity to go into this new shoppinq center. Mr. Jim Thayer stated he is aqainst the proposal. It does a number of thinqs that make it even less viable than the original proposal and the oriqinal proposal was not very viable. Additional pollution will be created--noise, lightinq, odor. There is always the probability that the new filters will get plugged up or not be cleaned adequately. It does not mean there will be odors all the time, but there certainly will be enough of the time. But, the bigqest impact on the community, at least the homeowners immediately adjacent to the center, is the sound and the liqht. This is not goinq to be a quiet neighborhood anymore. Many people in the neighborhood get up very early in the morninq to qo to work and qo to bed around 9:00-10:00 p.m. Mr. Thayer stated he believed the traffic patterns suqgested by the developer will not work. It is impossible for truck driverarameters nvolved that will ke p them�fromh doinq that. many p Mr. Thayer stated the whole buildinq has been reduced in size. That means it reduces the revenues the City will get from it. Mr. Thayer stated the one entrance and one exit is a disaster waiting to happen, particularly if Burqer Kinq qets the type of traffic flow they need to make it a profitable business. Mr. Betzold stated there are some proposed changes in the landscapinq; specifically, the size of the wall, additional landscaping, etc. If the City Council does approve this amended site plan, is there anything about the landscaping Mr. Thayer would Iike to see done to mitiqate some of these problems? Mr. Thayer stated he believed there should be a wall to contain the trash. It should probably be a 6 ft. wall with at least a 2 foot very carefully designed noise barrier on top of it, because there will be a lot of reflected noise. Mr. Thayer stated that regarding trash, Mr. Blue said that Burger Kinq picks up its trash. However, there are still lots of people who are not environmentally conscious enouqh to avoid throwinq trash around, and that material spreads in a biq hurry. He believed there will be a qreat deal more trash in the neiqhborhood than there is no�r, and that would be pretty pathetic. Most of the people on 66th Avenue try very hard to keep their homes and yards looking very nice. � 5.66 PLANNIIJa COMMI88IOI�i MBSTIIdG. J711�'7ARY 23, 1991 BliGE 17 Mr. Thayer stated this piece of property is just too emall for a development of this Bize. The addition of the Burger Kinq would make the Bituation even worse for� a�iii�OrHe so that eventually the neiqhborhood will q opposed this development very vehemently. Ms . Dacy stated she would 1 ike to clari fy an earl ier etatement made by Mr. Guzy reqarding 97 vehicles during the peak noon hours. The 97 vehicles for the 1 1/2 hours for Burger King are both drive-through and sit-down traffic. Maximum drive- through traffic is 40 cars. Mr. Meissner, 373 Mississippi Street N.E., stated he is also against the proposed chanqes to the development. They are qoinq from a development that was considered neqative by most of the people in the neighborhood the first time, even though the Council approved it, to a development with changes that go even more in the negative direction. iie is particularly negative from the standpoint of traffic. Getting into and out of the site qiven the size of the entrance and exit is qoing to be difficult. Since the public hearing for the original proposal, he has abserved traffic backed up past that driveway on Mississippi Street nearly to his driveway. Mr. Meissner etated that as far as the wall, Bu�id not live close enough to be affected by it visually. it is his opinion that a higher wall would be better, both from a sound standpoint and a visual standpoint. Mr. Ron Widlund, 445 - 67th Avenue N.E., stated he believed an 8 foot wall would be better. He stated that regarding new tenants, he knew that one of the new tenants is a pizza restaurant. The pizza restaurant will be located approximately in the middle of the center and will have pizza delivery that qoes from 4:00 p.m. to 12:00-1:00 a.m. This business will also qenerate traffic that will interfere with the traffic goinq throuqh the drive-through. He is concerned about the noise and odor from the pizza. In addition to a pizza restaurant, he understands there is goinq to be another restaurant, a Chinese restaurant. How many restaurants are needed in this area? The City should look at what else is qoinq into the shopping center before they decide on Burger Kinq. He stated he is very much aqainst the whole development. The property values in this area are going to qo down. Mr. Scott Ericson stated the final tenants for this center will not be determined until there is formal approval by the ownership partnership of the project and the project lender. They are considerinq a number of uses for the center, but none of them are officially or formally planned to be part of the center until this new plan is a�proved. 5.6 7 pLANNINa COMKZ88ION ME8TIN3. Jl�TIIARY 23. 1991 PAt38 18 Ms. Dacy stated the issue that triqqered the substantial chanqe to this project was the drive-throuqh facility for Burqer King. However, the developer should be aware and the Commission should be reminded that the S-2 district does qive the City the latitude to determine whether or not a use is appropriate. If three restaurants are to be located within the facility, then the City should be made aware of that because then the developer will need to address stipulation #17 in the original proposal to make sure those facilities are vented properly. As each tenant space is occupied, the City will be lookinq at that use and how it fits into the overall redevelopment plan of the center. She was not aware that there could be three restaurants within the center; and if that is the case, they need to discuss that and the City Council might want to look at that in more detail. A resident of the neiqhborhood stated he is against the proposal for two reasons: (1) the excess traffic qenerated because of it; (2) the late hours that Burger Kinq might establish. He would like to encouraqe Burger King to stay in its present location and encourage other developers to look at the southwest quadrant and qet that developed. He also thouqht it would be environmentally better to have an 8 foot wall. Mr. Thayer stated there was an article recently in the Fridley Focus about the City's attempts at tax increment vi bleltax The Center City Redevelopment Area was a very increment district, but there is a larqer one at I-694/Highway 65 which is doinq absolutely nothinq. The Moon Plaza Shopping Center and the southwest quadrant is also in a tax increment district, and nothing is happeninq there either. He stated he thinks the City needs to look very carefully at what they are doinq in the area of tax increment financing, because it is not doinq what they hoped it would do. It is not bringinq in the revenues the City thouqht it would, and the City has to look at the reasons why. Part of it is the economy, and another part of it may be the locations. But, he is deeply concerned that this is just another one of the projects that will not work out. MO IO by Mr. Kondrick, seconded by Mr. Saba, to close the public hearing. � QYON 71 90ICE VOTE, ALL VOTZNG AYE� CBAIRPERSON BETZOLD DECL�RED THS MOTIOZT CliRRIBD AIdD THE pIIBLIC HEARINa CLOSED AT 9:45 P.1[. Mr. Betzold stated that in June 1990, the Planninq Commission voted to deny the oriqinal development proposal based on concerns about LRT. The City has recited that LRT is part of 5.68 pyp,NNIpG C91rBSI88ION ltBETING. JI►N�7�Y Z3. 1991 pl�QE 19 the plan, and they must accept that. It has also been a long standinq commitment of the City to develop this northeast corner. Now, the Commission has to decide whetherHe a a not t o a c c e pt the ori qinal proposal with the chanqes. dispute the fact that the Walqreen store and �e 8 Th s also will make this project economically prosperous. gives the City the opportunity to make some chanqes in the landscaping which miqht be beneficial to the neighbors. Mr. Betzold stated his concern is the traffic pattern. The Commission wanted to try to minimize the impact to the neighbors, particularly those along 66th Avenue. The original idea was to have the loadinq on the east side and nothing on the north side. Although the developer is proposing a higher wall and more landscapinq, there is still the fact that there is goinq to be a lot of cars going by on the north end. He also keeps thinking of the loud mufflers, loud radios, diesel trucks, etc., that will be heard late at niqht. Mr. Saba stated he shared the same concerns. He is concerned about the hours of operation, the traffic that will be occurrinq at a major bikeway/walkway system and pedestrian crossing, many of whom are senior citizens from the senior building. As the Commission discussed in June, this whole development is kind of intrusive into the neighborhood, and they want to be as cautious as possible about what goes into the center. As much as he likes the Burqer Kinq, he did not think this is a proper location for it. Ms. Savage stated she also agreed thie is not the proper location for a Burger Kinq. She is particularly concerned about the late hours, traffic noise, and the possibility of a lot of younqer people conqreqating over the weekend late at niqht. It is just too intrusive into the residential neighborhood. She thouqht every effort should be made by the developer to find businesses that will minimize this kind of intrusion. She is opposed to the development with the addition of a drive-through window. Mr. Kondrick stated he did not share Mr. Betzold'B, Mr• Saba's, and Ms. Savaqe'B concerns. He stated he believed the additional number of cars that will be goinq through the site is misleadinq. He did not think there will be that much of an impact with the drive-through window. He stated he had been a little concerned about the loadinq and unloading in the rear, but trucks cannot be back there durinq the busy business hours. He thought a lot of the noise will be curtailed by the 8 foot wall. The wall will also catch the debris. IDore stackinq of cars is adequate. He did not have any problem with this proposal as amended than he did before. 5.69 T�vrt�tt�r 3�, 19 91 PlrGS 2 0 pLANNING COAII�I88ION 1�IEBTING - Ms. Modiq stated the fact is that they have a development that is qoinq to qo in there. She would rather have a"kncwn" t e n a n t t h a t has been a qood and viable member of the community for many years than an "unknown" tenan t, e v e n w i t h t h e d r i v e- throuqh. The developer has addressed the traffic, noise, lighting, and odor issues and seems to be willing to neqotiate and cooperate with the City to meet all the standards the City is proposinq. She did not have any problem with this proposal as amended. Mr. Sielaff stated the developer has indicated a willinqness to provide barriers and to aesthetically do somethineS�bont those barriers. He stated he is struqqlinq with the qu What better development could there be for this area than what is beinq proposed? And, he did not know the answer to that question. He did have a concern about air quality in the area behind the facility because of a lack of ventilation behind there with cars and idlinq engines. Assuming that it will not be a problem, a he would be inclined to vote innfavor of its development, an Mr. Saba stated his biqgest concern is the addition of the drive-through and the affect the development will have on the residential area. He has a lot of respect for R-1 zoninq and residential neighborhoods that try to keep their areas looking nice. He is very concerned about the possibility of more restaurants in this shoppinq center if this is approved by City Council. He would definitely be opposed to any more food restaurants fn this development. Mr. Sielaff stated he is also concerned about more food restaurants in this development. Mr. Kondr�n k 1 mit nqif the g numberinof crestaurants a inad his stipulati development. Ms. Dacy stated she believed the Commission could make a stipulation to limit the number ot restaurants, but she would like the City attorney's opinion on this type of limitation before the City Council meetinq. MOTION by Mr. Kondrick, seconded by Ms. Modig, to recommend to City Council approval of the amendment to the adoption of the redevelopment plan for Fridley Town Square development to consider adding a drive-through win osed building withfthe restaurant on the west side of the prop following stipulations: 1. The scr�eninq wall shall be extended to University Avenue. The landscapinq plan shall be revised to add additional evergreens alonq 66th Avenue if a 5.70 PLANNIl�IG COl'IIdI88ION six foot heiqht iB maintained or ivy plantings along the wall if an eight foot heiqht fs constructed. 50tfeet of drivewayuBhoulddalsonbetprovided alonq University Avenue. 2. A liqhtinq plan shall be Bubmitted and approved in conjunction with the buildinq permit application. 3. A pavement markinq plan delineatinq drive-throuqh and loadinq traffic shall be submitted in conjunction with the buildinq permit application. A"no parkinq - loadinq only" zone should be striped alonq the rear of the buildinq adjacent to the Walgreen's use and along the east eide of the building. 4. The decibel level of the order box shall be at a level where its noise is not audible from residential properties to the north. 5. Construction details of the odor ventinq system shall be submitted in conjunction with the building permit application. Venting for the fast food restaurant shall be routed to the westerly point of the building before beinq released to the open air, consistent with the origina T�ae pp val in June of 1990 (stipulation #17). etitioner shall install a double baffle filtration system. 6. The property owner shall work with the Anoka County Regional Rail Authority to provide pedestrian connections where appropriate into the site, includinq stripinq or sidewalks. 7. Walgreen Bhall submit in writing and submit to the City, to prohibit loadinq/unloading activities between 11:00 a.m. and 2:30 p.m. and 4:30 p.m. and 5:30 p.m. 8. No other restaurants shall be allowed in this development project without the consent of the City. 9, An 8 foot wall shall be constructed around the project and extended to University Avenue. 10. A striped walkway from the bikeway/walkway across the driveway to the front of the building and eiqnage indicatinq the bikeway/walkway shall be included as part of the project. 5.71 pLANNING COIYIIdZ88ION MEETZN3. JlINQl�RY �i� 1991 PAGE 22 2. 3. 4. 5. OPON 11 VOICE VOTE� 1CONDRIC�i iIODIG� BISL�FF VOTING !►Y8, BETZOLD� 8A8l1� 871Vl1GE VOTING �D1Y� CHAIRPER80�T BBTSOLD DECLARED T88 lIOTIO�T Fl1ILED BY � VOTE O! 3-3. OT by Mr. Saba, seconded by Ms. Savaqe, to recommend to City Council denial o� the amendment to the adoption of the redevelopment plan for Fridley Town Square development to consider addinq a drive-throuqh window for a fast food restaurant on the west side of the proposed buildinq based on the Commission's discussions and concerns. OPON � VOICB VOTE, HETZOLD, 871BA, SAV7IGE VOTING 71YE, 1CONDRICIC� MODIG� BIELliFF VOTING NAY� CBAIRPERBON BET20LD DECLARED TH$ 1dOTI0�T FAILED BY ]► VOTE Op 3-3. Ms. Dacy stated this item will be go to the City Council or► February ll, 1991. RECEIVE DECEMBER 13 1990 HOUSINr AND REDEVELOPMENT AUTHORITY MINUTES: MOTION by Mr. Kondrick, seconded by Mr. Saba, to receive the December 13, 1990, Housinq and Redevelopment Authority minutes. / IIPON � VOZCB VOTE, ALL VOTING l►YE� C� �ER80N BETZOLD DECI.7i►RED T88 MOTZON Cl1RRIED IINANIMOIISLY. COMMISSION MINUTES: MOT O by Mr. Sielaff, seconde �'�y Mr. Saba, to receive the December 18, 1990, Environment Quality and Enerqy Commission minutes. OPON !l VOZCB VOTB, A VOTINa AYS, CHl�IRPERBON BETZOLD DECL]1RED TH8 MOTION C IED IINANIMOQBLY. J MM SI MI MO IO by Mr. K drick, seconded by Ms. Modiq, to receive the January 3, 19 , Human Resources Commission minutes. IIPO�i ��CE VOTE � 11LL VOTINa 11YE, CH1�iIRPERBO�T HETZOLD DECI.ARED HE 1�IOTI0�1 Cl�RRIED IINl�iIdIMO08LY. ,Q� by Ms. Savaqe, seconded by Mr. Kondrick, to receive January 8, 1991, Appeals Commission minutes. � _ � I Community Development Department NG DIVISION City of Fridley DATE: February 7, 1991 �o � To: William Burns, City Manager,�;�' FROM: SUBJECT: VI Barbara Dacy, Community Development Director First Western Development Variance Request Mike Spriggs from First Western Development contacted me today to request a postponement to the February 25, 1991 meeting for consideration of the variance requests. He indicated that Target was making changes to the proposed site plan. Both he and I want to review those changes to determine the impact on the proposed variance request. Staff recommends the City Council postpone consideration of the variance request until the February 25, 1991 meeting. BD/dn M-91-90 �� I Community Development Departmeni 7 G DIVISION City of Fridley DATE: February 6, 1991 �' TO: William Burns, City Manager�,��` �� FROM: Barbara Dacy, Community Development Director Michele McPherson, Planning Assistant SUBJECT: Special Use Permit, SP #90-19, by Crysteel Attached is the staff report for the above-referenced request. The Planning Commission at their January 9, 1991 meeting voted unanimously to recommend denial of the request to the City Council. Staff recommends that the City Council concur with the Commission's action. MM/dn M-91-27 �� I � �r ' � STAFF REPORT APPEALS DATE C��F PLAt�DNG CONNVUSSION DATE : December t2, 1990 , 3anuary 9, 1991 , fR1DLEY CITY COUNGL DATE : February 1 1, 1991 AUTHOR MM/dn REQUEST PERMIT NUMBER APPLICANT PROPOSED REQUEST LOCATION S1TE DATA SIZE DENSITY PRESENT ZONING ADJACENT LAND USES 8� ZONWG ��S PARK DEDICATION ANALYSIS FINANCIAL IMPLlCATIONS CONFORMANCE TO COMPREHENSNE PLAN COMPATIBIUTY W(TH AOJACENT USES 8 ZONNG ENVIRONMENTAL CONSIDERATIONS STAFF RECOMMENDATION APPEALS RECOMMENDATION PLANNING COMMISSION RECOMMENDATION SP ��90-19 Crysteel To allow outside display of inerchandise in the C-2, General Business district, or to amend stipulation 4�7 from SP 4�88-01 1130 - 73rd Avenue N.E. 1.29 acres (56,250 square feet) M-1, Light Industrial M-1, Light Industrial to the north, west, south, and east Yes Yes Denial Denial . Staff Report SP #90-19, Crysteel Page 2 Request The petitioner, Crysteel, is requesting that a special use permit be granted for either of �wo conditions: 1. To allow outdoor display of inerchandise in the C-2, General Business district; or 2. To amend stipulation #7 from SP #88-01, which requires that "no display or sale or otherwise of trucks or equipment shall be permitted outside the storage yard on or off site." This request is at the property located at 1130 - 73rd Avenue N.E. The petitioner has also applied for rezoning from M-1, Light Industrial to C-2, General Business. Site Located on the property is a building which is used as an assembly/warehouse facility with an outside storage area to the east and south of the building. The building was constructed in late 1988 upon approval of SP #88-01. The property is currently zoned M-1, Light Industrial as are other properties to the north, south, east, and west. Super America and Rapid Oil, while zoned M-I, Light Industrial, are more commercial in nature. Analysis M-1 The M-1, Light Industrial district regulations require that all storage occur in the rear and side yards. In addition, the code requirements do not allow outdoor display of inerchandise. Staff would recommend that Crysteel be required to store and "display" all materials and equipment in the rear yard as was required in the original special use permit. Requiring storage of materials in the rear yard is consistent with past requests. C-2 While the Central Avenue corridor plan recommended that a C-2, General Business zoning or commercial zoning classification would be appropriate for those properties directly abutting Highway 65, Crysteel's use is not appropriate for the C-2 zone. The intent of the C-2 or C-3 zoning was to allow for existing commercial uses and to promote similar compatible uses (auto mall). 7C Staff Report SP #90-19, Crysteel Page 3 Recommendation and Stipulations Staff recommends that the Planning Commission recommend denial of the special use permit request, SP #90-19, to the City Council to allow outdoor display of inerchandise in the C-2, General Business District, or to amend stipulation #7 from SP #88-01 which prohibits display and/or storage of trucks and other equipment in the front yard. Outdoor display is not a permitted use either outright or by special use permit in the M-1 district, and the C-2 zoning district is not appropriate for this particular use. Planning Commission Action The Planning Commission voted denial of the special use penait request for Crysteel. City Council Recommendation Staff recommends that the City Council concur with the Planning Commission action. 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NO�iTNERM � � � � � � � � � � � �� 1� � ��iwm '-� �� f � `�-� I � `� _ __ �Yil�wY � � � ��Op� � � � � ` . � �� jflfA � .. � ` � �` , ` „� f sFj�ENf � ,� `� �� I Q � w � � � ` ` +__ ' � LOCATION lU�IAP ,.___. . f 4 d 1 �• i � / —r ---+. —�r � � � � �I�' y �- •�, ' � �' o �'•� � � �� f � -� �r_ w � tD C 2 � 3 _ � _ ' � , SP 4190-19''� el a� � D � — '♦ : .•� . � � J r ' ✓IM� L LI �• 'q."R trT'�.- / ZONING I�IIAP I I --� _ � i � � I ' t �'1� 1 � 1 I i � � � , � � • � �� a.�� SP 4�90-19 - Crysteel �7_.f! - �--�-----�- �� i~ � � �� I � :� M �� T SITE ��LAN 1 ! 5P �f yU- 1 y _ Crysteel 1'� w _ � b+ '3 � � • , . ��6T � - .1' . _ • '• ' . . - . .-.�--- � � • . � •` � . ji , , ; ; . ,�...,.�� .. �, . -�-�—= : : e°r � �. '� � � � � � 1 � •. : :: . �'• . ��:_' -- � �� . . : �--- �� . � � N � i� a 1 • . . �•�, �• ; • �r ° , .� . . cv . . ; � • ; � • s.� ;. �, ;� � : � . - .� � � , rw_...��.� � :.� � . .. N � � r ' c� �"r`� . I � U•.. r�-1 N � r,..� r �; � � i. '1"� • , x r �.�..�..w. � R� •� � �� •• ' �z '� N �1' � O� i � f..r.......g �� :��'�� '��' � • ' u� , . a 1 � } �r—.� � � . � ; O4 � � N � � '' • � ' �r�.�.�.. T •,,� , �, �.�i W� � � _' " �� •. .�, , � �1• ��. �W . �. �� • • . . � •N�. fQ - . - .. p+ - � W W i . O. . � ¢ ' . . � Z. � i � � �" ! i � ' � "" . O "' N � � w ��J � � MO .I � . O N ,' . .. . �� . . ; . ++:-+ir� . �� ; � � . �..�� FLOOR PL�AN � �o � k � 0 \/ °8 8 1�1 {(j�1 �!! l II . # �.. ,� .� . �t ;� ; �+i �� I � ,� , SP 4I90-19 Crysteel t ; �� i I '�.� � � ► 7H , , �� '� � � � � �� _ - — -- � � �E . ��+c �vE. Noa�r+ i � � ` � �� s�i ? �� , � �c�_�'�� : �`�ra^ ,� � � � ~' w �I$ , .. � �i ` ' r , M 'w f f = M �' � � . �r�� i � .,. ;�c=c�+ � � � � .. . � i � LANDSCAPE F�LAN 71 APPLICATION FOR SPECIAL USE PERMIT CRYSTEEL TRUCK EQUIPMENT REASON FOR REQUEST: This request for a special use permit is being submitted in concert with a request for re-zoning. The general business reasons for the general change are described in the request for re-zoning. The specific reasons for the change in the existing permit are discussed below. On February 16, 1988, a Special Use Permit was granted for the referenced property. Specification seven (7) of that permit states, No display (for sale or otherwise) of trucks or equipment will be permitted outside the storage yard, on or oft site. Changes in our business now require our application for a change in this specification. These changes are of two types. First, general changes in the market place, and the impact these changes are having on our business. Second, the growth of sales volume. Details of the general business changes are given in the applica- tion for re-zoning, but in summary, we are beginning to feel pressure to add product lines which require less (if any) assembly, and more on-site promotion. The volume of business has increased more rapidly than antici- pated. In the fiscal year ended October 31, 1989, sales for the metro location were $1.8 million. For the year ended October 31, 1990 sales were $3.0 million. This increase in sales has resulted in highly increased numbers of job orders and trucks processed through the shop; increased amounts of inventory tc� be stored; and increased numbers of delivery and service trucks in the yard area. This translates to an increased demand for access to the shop and the parts room, a demand which is best met by reducing the amaunt of congestion in the yard area by parking completed vehicles and equipment in the parking area. We are sensitive to the concerns of the City. We are willing to limit the use of the parking a.rea for daytime storage of some units, but we need this help. As referred to above, this request is part of an over-all solution to our business needs, needs which we must be resolv�ed, and which will be in the best interests of the City, as well as ourselves. We therefore ask for your support, and your appraval of this application, and the related request for re-zoning. 7J pLANNZNG CO1rII�I8BION ME$TINa. Jl1NQllRY 9. 1991 PAGE �9_ 4. ,�Tabled) PUBLIC HEARING• CONSIDERATZON OF A SPECIAL US� PERMIT SP �k90-19 BY CRYSTEEL TRUCK EOUIPMENT: Per Section 205.17.O1.D.(il) of the Fridley City Code, to allow exterior storage of materials and equipment on that part of the east 225 feet of the west 475 feet of the north ha.lf of the northeast quarter of the southwest quarter of Secti.on 12, T-30, R-24, Anoka County, Minnesota, lying north of t.he south 405.60 feet of said north half of the northeast quart:er of the southwest quarter, the same being 1130 - 73rd Aver�ue N.E. TIO by Mr. Kondrick, seconded by Ms. Sherek, to remove t:he item from the table and open the public hearing. IIPON !i VOICE oOTE, 11LL VOTII�IG AYE, CHAZRPERBON BETZOLD DECLARED THE MOTION CARRIED 11ND T8E PIIBLIC HEARING OPEN AT 9:50 P.M. Ms. McPherson stated the petitioner is requesting that a special use permit be granted for either of two condition:a: 1. To allow outdoor display of inerchandise in the C�-2, General Business District; or 2. To amend stipulation �7 from SP #88-01, which requires that "no display or sale or otherwise of trucks or equipment shall be permitted outside the storage yard on or off site." Ms. McPherson stated that based on the C-2 district regulations, staff does not believe Crysteel fits under the C-2 regulations; therefore, this special use permit would not be appropriate at this point. Ms. McPherson stated that under the M-1 zoning, the distY�ict regulations require that all storage occur in the rear and side yards. In addition, the code requirements do not include the outdoor display of inerchandise. Ms. McPherson stated staff is recommending that Crysteel. be required to store and display all materials and equipment: as required with the original special use permit. The requirement of storage of such materials is consistent with past and recent requests that have come before the Planriing Commission. Staff is recommending that the Planiiing Commission recommend to City Council denial of the spec;ial use permit to allow the outdoor display of inerchandise in the C-2, General Business District, or to amend stipulatior� #7 from the original special use permit, SP �88-OI. 7K PI.�►NNZI�IQ COI4iI8BION IiEETIIid. Jl�iIII►RY !. 1991 Bl�QE 21� MOTION by Mr. Rondrick, seconded by I+Is. Sherek, to close th�e public hearinq for the rezoninq hnd special use permi�t requests. IIPON A VOICE VOTB, 71LL VOTING 71YE, CHAIRPBRBC�i HBTZOI�ID DECI.ARED THE PIIBLIC HBARZliGB CLOBED 71T ! s 55 P.IL. Mr. Kondrick etated�this business has just outgrown this location. Mr. Saba stated he cympathized with the business owner, but he did not think they should recommend a chanqe in the ordinance to allow outdcor storage in an M-1 district or to approve a special use permit for outdoor storaqe, especially with the history of violations at this location. Ms. Sherek stated she concurred with the City Attorney's opinion. She did not see this as a C-2 use, so they would be rezoning the property for a use that it is not currently being used for. MOTION by Mr. Kondrick, seconded by Ms. Sherek, to recommend to City Council denial of rezoninq, ZOA �90-06, by Crysteel Truck Equipment, to rezone that part of the east 225 feet of the west 475 feet of the north half of the northeast quarter of the southwest quarter of Section 12, T-30, R-24, Anok.a County, Minnesota, lying north of the south 405.60 feet a�f said r�orth half of the northeast quarter of the southwest quarter, from M-1, Light Industrial, to C-2, General Business, the same beinq 1130 - 73rd Avenue N.E. IIPON 71 VOICE VOTB, 71LL VOTING 71YE, C8llIRPERBON BETZOI�D DECI.ARED T8E MOTIOI�1 CARRIED IINANZISOIIBLY. MOTION by Mr. Kondrick, Beconded by Ms. Sherek, to recommen�d to City Council denial of special use permit, SP �90-09, ��y Crysteel Truck Equipment, per Section 205.17.O1.D.(11) of th�e Fridley City Code, to allow exterior storage of materials an�d equipment on that part of the east 225 feet of the west 475 feet of the north half of the northeast quarter of th�e southwest quarter of Section 12, T-30, R-24, Anoka County�, Minnesota, lying north of the south 405.60 feet of said nort:h half of the northeast quarter of the southwest quarter, tr�e 6ame being 1130 - 73rd Avenue N.E. IIPON 11 VOIC$ VOTE, I1LL VOTZNa 11YE, CHl�IRPERBON BETZOI�D DECL�RED THE �IOTION Cl�RRIED IINANIMODSLY. Ms. Dacy stated that on January 28, 1991, the City Council will establish a public hearing for both the rezoninq arid special use permit requests for February 11, 1991. 7L CITY OF FRIDLEY pLANNINQ COI�II�IISBION l�[SSTiNG� DBCB1dB8R 12, 1990 .�r rwr�. r r.�. w.w�w..�.�..rr�r�.�.�www��.��r�►w.wr�r.�r�w��w��►w..�nr�.rr��w ............�.,... CALL TO ORDER: Cha�rperson Betzold called the December 12, 1990, Planni;ng Commission meeting to order at 7:30 p.m. ROLL CALL• Members Present: Members Absent: Others Present: Don Betzold, Dean Saba, Sue Sherek, Diane Savage, Paul Dahlberg Dave Kondrick, Connie Modig Barbara Dacy, Planning Coordinator Michele McPherson, Planning Assistant Humberto Martinez, 7786 Beech Street N.E. APPROVAL OF NOVEMBER 4 990 NG OMMIS I NUTES: MOTION by Ms. Sherek, seconded by Mr. Dahlberq, to approve the November 14, 1990, Planning Commission minutes as written. UPON A VOICE VOTE, l�iLL VOTING ]1YE, CHAIRPER80N HETZOLD DECLARED TIiE MOTION CARRIED ONANIMOOBLY. 1. PUBLIC HEARING CONSIDERATION OF A REZONING. ZOA #90-06, BY CRYSTEEL TRUCK E4UIPMENT: To rezone that part of the east 225 feet of the west 475 feet of the north half of the northeast quarter of the southwest quarter of Section 12, T-30, R-24, Anoka County, Minnesota, lying north of the south 405.60 feet of said north half of the northeast quarter of the southwest quarter, from M-1, Light Industrial, to C-2, General Business, the same being 1130 - 73rd Avenue N.E. 2. PUBLIC HEARING• CONSIDERATION OF A SPECIAL USE PERMIT. SP #90-19. BY CRYSTEEL TRUCK EOUIPMENT: Per Section 205.17.O1.C.(11) of the Fridley City Code, to allow exterior storage of materials and equipment on that pa�rt of the east 225 feet of the west 475 feet of the north ha�lf of the northeast quarter of the southwest quarter of Secti.on 12, T-30, R-24, Anoka County, Minnesota, lyinq north of t:he south 405.60 feet of said north half of the northeast quart:er of the southwest quarter, the same beinq 1130 - 73rd Aver�ue N.E. pLANNING CO1+IIdI SI N ETING C ER 2 990 GE 2 Ms. Dacy etated that the petitioner has requested that the::e two items be tabled until January 9, 1991. O�t TION by Ms. Sherek, eeconded by Mr. Saba, to table rezoniiig request, ZOA �90-06, and special use permit request, SP �9U- 19, by Crysteel Truck Equipment until January 9, 1991. OpON A VOICE VOTE, 71LL VOTING ]1YE, CS�IRPERBON BETZO]�D DECLARED TSE KOTION CIIRRIED ONANIKOOSLY. 3. PUBLIC IiEARING• CONSIDERATION OF A SPECIAL USE PERMIT, :>P #90-18 BY HUMBERTO MARTINEZ: � Per Section 205.18.03.C.(4) of the Fridley City Code, to a ow the lot coverage to be increased from 40$ maximum t 50� maximum, on Lots 1 through 5, Block 6, Onaway Ad tio», generally located at 7786 Beech Street N.E. OM TION by Ms. Sherek, eeconded by Ms. Savage, reading of the public hearing notice and op hearing. � UPON A VOICE VOTE, 7�LL VOTING l�YE, DECLARED TSE MOTION CARRIED AND THE P 7:35 B.M. Ms. McPherson stated the petiti coverage increase from 40� maxi� increase would allow the petitio ft. addition onto the existin i zoned M-2, Heavy Industrial, a arE this property. ' waive tlie the publ:ic RPERSON BETZOILD HEARING OPEN 7AT �fs requesting a l��t to 50$ maximum. Th.is r to construct a 3, 50 0 s�� . �ilding. The property ,is the properties surroundi.ng Ms. McPherson stated a tw story single family dwelling unit is located on the prope y. This dwelling unit is attach�ed to a concrete block b lding which serves as a warehousi:ng and assembly facilit for Mr. Martinez' business, which is Food Process Contr . An existing fenced outdoor stora+ge located to the rea and side yards is where the petitioner is requesting to co truct the addition. Ms. McPherson stated the City Council recently adopted an ordinance am dment which would allow a 10$ increase in lot coverage i industrial districts with a special use permit. There are two standards that need to be evaluated prior to the iss nce of a special use permit. Those standards are: � For existing developed properties, the total amount of existing hard surface areas should be evaluated to determine whether a reduction in the total building and parking coverage can be achieved. In this particular request, there would not be a reduction in building and parkinq coverage. The 7M 2. 2A. 3. 7N • ' �� YYY ��_ I�.M� „I�1?/Y�►. � �� _��:_i� '� �� -�� - - _ --- - 901 on the eea�nd reading and order publication. Seoonded Billings. tTpon a voiae vate, all vating aye, Mayor Nee dec� carried �a�animously. � L__ .�ll+`-�I � ��/ i_� �� • �1111�� . _ �� MJTmN by Cbu�cilman Schr�eider to table these Councilwaman Jorgenson. Upon a voice vot� declared the motion c$rried ta�animously. / NEW BUSII�SS: • �ti M� � . �uncil�,man the motion ppointments. Se�nded by all voting aye, Mayor ]vee p��cilman Bill ings stated e has an item which was not included as an agenda item and askec3 Bill �nt, Assistant to the (�.ty Manager. to read ithe resol ution. Mr. Hunt read this so: Qureshi, for his se iaes o�ntributions ma to the being of its ci 'zens. ut i on whi. ch o�mmenc]s the Ci ty Ma na ge r, Na s� im to the City of FYidley and appreciation for lhis growth ano developnerrt of �iciley and to the w�ell IrDTD�N tr� 4� cilman Billings to ad�pt Resolukion No. 14-1988. Seoc�nded by Q�imcilman chneider. Upon a voioe vate, all vating aye, Mayor Nee declared the motio c�rried �azanimously. Mr. Q eshi stated when you serve s� long in the a��ren�ity, it is nic�e ta be re ized b� those he serves and to lalaw �e citizens are getting the bi�st sible servives for their tax cbllars. • « ,� 4 � M� � • ' � �, R� y_�r . � ,�! �. • -_ � t• � • � _ 'i� 4 s__ � �i�! �' � �� _ �• � • • ys� - • y � s_ _ �� • � i � • 4,� ' • 4+� � � • 4s� .� • � � 4:� �� ' 4s �_ _ • 4+� y� � *i o � �. . . • i :� !4s � _-�� • • _ 4� � � - �y� � •� � MI � _�� ; �� '� � • 4s! _� L4: - � . � � • � �� .� '� � s- - • �i �� ,i ;_. • � '� ' • �� =� �s � �*-�� ' 4 � 1� � 1 i� � i � �`l��. ,- Mr. Rnbertson, �mm�mity Developnent Director, stated this property is located soukh of 73rd Avenue and east of Aighway 65. He stated CrystE�el Distributing, Inc., who is a benant of Hydraulic Specialties to the sout:h, was requesting a special use permit for outside storage in a�nj�ction w:ith thei r business operation on this Froperty. Ae stated the pcoperty is zo�led 1�1 anc3 the uses Froposed include warehousing, lic,�t manufacturing, off:ioe use, as we11 as sales and sexviae. -3- 70 � �1: 1�; _?} yMM �!.�l�.y� ��?�y �_ ��- +� :�l:; ��_ � l�. Imbertson statecl the site area was ap�pcoximatelY 1.3 aaces, the build�ing area was 11,440 equate feet and 39 pnrking s�ces are requi red. Ae stat:ed the site plan has been developed by A. B. 9ystems. Ae aIa s�et�eck f:�om varianae assaciat�d with this goject to rec�ae �e �� y 35 feet to 20 feet. Nlr. ibberts�n ��c�e �P'P�ao�� g pp�� i on t h i s v a r i a n o e b e s u b m i t t e d t o t h =�it an d var i a n c e� o o u l d b e review, in order that the special use pe c�nsidered at t�e same meeting. 1+�. I�berts�n stated the Pl��n9 �ations�which heeoutlinedr�Ae stai ed speciai use permit with eic� P � a �� w� �eded prior under stipulation 4, the btorm water drair�age Pl PP'� to the tuilding permit beiig� to h e�e op�p�rt�siity�to review and app are today. however, and would it.. Mr. Qureshi, CYty Mana9er� asked i�e �tetmaniprop�r�Y.ian easement � as c� a i n a g e, H e p � i n t e d o u t t h a t o n given however, staff wc�uld !�, R�berts�n stated he bel ievecl there was t+n easea�ons should requi re an check further. Mr. Qureshi felt one o��e �� 73rd Avenue and also an easement be pcvvided for �er��"►of/pcoper�ty at dze eerviee road. ea sement for a tr iangulat P� Mr, Schuller, Vioe-Presiderrt o� A.B. BYste�'S� stated �e plan submitted� by their dvil engireer, who ale� worked on the �eterman P'roject, tied in the drair�e�ge. Ae �ated the easement for the bikeway/wallaw�l' is Ixovided on the r�orth of the pcoperty anc3 theY cb mt �'�'e a Fcohlen with i� Mr. Sd�uller stated Crysteel is �ated these a enmanufact ed at th� gLant and acoess�ries for trucks. He in Lake CYystal and installed at the �ticIley fadlity. Cb�cilman Schrreider asked if there would be hazarc3�us wastes or chesnic%als stored on this site. I�, Schuller stated there wi71 be ro hazaz�us wastes and presented photos o� �e �ype of equ{gner�t to be storec7 on the property. �,p�pN ��incilman Schneider to a°ialrUse Pern►it,eSP #88 Oli�to a]� ow Planning Commission and grant Spe � at 1130 73rd Avenue, with the exterior storage of m�terials and equipn �ain link fenoe witi� v;inyl following stipulations: (1) an eicj�t foat hic� slats on east, west, and north (including cpte) be pravided with ro ba�cbed wire visible fran ric�t-of-vray: t2) addition°� landscaping be p�covided per d stothe �,�f ��ing; (3) staff reserves the right to r�� _�� truc�tion building faaade to ac�►ieve qualitative a�nsistenc.Y lan for approva;l by in the nrea: (4) developer to supply a storm drair�age F staf f, af ter a rev iew a� �e Riae Qreek Water shed' s appr aval of o i r tFl and ( 5) p r i v a t e u t i l i t y e a s e me nt and oovenant between subject p� P� n� i t; p�rvel to t he s� u t h f� f am L. San�87-02 ato be pnia P or c t° huil ��i ng ( 6) b a l a n o e o f p a r k �_ . 4. 3. � � � _�l 7 T � � ��i�.a�t f1 � � l � � '�.� �a�� i i� 7P permit; (7) no clisplay (for sale or othenaise) of trucks or equipnent ��ill be permitted outside the storage yard on this goperty or any other adjaoent property; (8) letter of aredit to be supplied to a�ver outside improven��nts prior to building permit being issued; and (9) a bikeway/walkway easem��nt, as well as an easement for the triangular portion on the mrtnwest a�rner of the servioe road, be Fcavided. Seoonded by Gouncilman Billings. Upc>n a voioe vote, all voting ay.e, Mayor Nee declared the motian cart�ied u�animously. At this time, the Gb�cil aonsidered Item 4, the variance, nssociated with this Froperty. , ; : � �4__ v �. Mr. tmberts�n, �n�nity Developnent Director, state this is a request for a varianve to reduoe the side yard setback f ran feet to 20 feet c�n a mrner lot. Ae stated the Appeals �manission rev' ed the request and has rea�mmended ap�raval with �e stip�ulation tYie lcling be lowered as mudi as possible. Mr. Imbertson stated the petitioner origi y requested another varian�ce, but by working with staff, it was elimir� d as the building was maved f ive feet further to the east. Mr. Sc�uller, repcesenting A. B. Syst s, stated it was �fiysically 3mp�ss�:ble to move �eir trucks in and out wi out this varisnoe. He skated a buil<�ing heic�t of 22 feet inside is req red for this operation. Mr. Schuller stated the west wall would be ied in the grotnd a minimun of t�wo feet and some landscaFang can be cbne o the west side to reduoe the visual impact. He stated they also plan ext ior lic,�ting to enhanoe �e appearance of the area. mimcilman Fitzp�trick ked how mariy persons would be �nployed at this facil ity. Mr. Glen Wiens, ral Manager of Crysteel, stated they antici.Fete 10 or� 12 enplayees within year or s�. Ae stated currently �ere are six emplvye�es. NDTIDN ts� 0� ilman Schneider to a�ncur with the Appeals 'ssion and grant varianae, VAR #87-40, side yard tback from 35 feet to 20 feet on a stipulati n that the buil.ding be lawered as much as Counci n Fitzpatrick. Up�n a voioe vote, all decla d the motion oarried unanimously. rewmmendation of the to reduoe the requi red corner lot with �the possible. Seoonded by voting aye, I�ayor ]�ee �� •; • • ,�� L = �� y��! � � J�+= K� �� 1� ,� _� � � � � CITY OF FRIDLEY APPFALS �'MISSION I�,TIlVG, F'E�UARY 2, 1988 CALL TO ORDIIt: tfiaixpers� Barna called the Febrvary 2, 1988, Appeals Catmission meeting t:o order at 7:35 p.m. � i�ULL C�1LL: Menbers Present: Alex Barna, Jerry Sherek. LarrY Kuechle, Ken Vos (arr. 7:55 p.m.) Membexs Absent: Diane Savaqe Others Present: Darrel Cla�ic, City of �idley Peter Schuller, 209 hbod Lake Dr. S.E., Rochester, Mn. Darryl 9callet, 5858 Haclanann Ave. N.E. Keith Iversai, 2202 Dale St. N., Aose�ville, Nh. 55113 APPRC�TAL OF JANCTA127t 12, 1988, APPFAIS CCrMISSION N[II�'TFS: I�ION by rir. Sherek, seconded by Mr. Kuechle, to app�ove the Jan. 12, 1988�. Appeals CoRnussion minutes as written. UPOP7 A VOICE W�I'E, AI.L �lO�TING AYE, C�IFPER.SCN BAFitg1 DDCLAFtF� T� M�JTIOPI CA�2IID LTI�,NIlyOtJSLY. 1. CONSIDII',ATION �' A V�ItIANC'E RF4iJFbT. �� :..�3=�,�8X A. ,B. SYST�IS. II�.: Pursuant to Chapter 205.17. .D.2. of Fridley City to e the required side yard setback fran 35 ft. t�o 15 ft. on a oorner lot; and, pursuant t� Chapter 205.17.S.a of the Fridley City Code tro reduce the required parking lot setback fram 20 feet to 15 feet an the swth parking lot and fran 20 feet to 5 feet o�r► ti�e north parkin9 lot ac� that part of the East 225 feet of the West 475 feet of th�e North Hal.f of the Northeast Quarter of ti�e Southwest ¢�art�er of Section 12, T-30, i�24, Anoka County. Minnesota, lying I�brth of the South 405.60 feet of said North Half of the Northeast Quarter of the Southeast Quarter, the sa�ne being 1130 - 73rd Avenue N.E. MOTION by Mr. Kuechle, seoonded by Mr. 5herek, to oQen ti�e Public hearing. UPON A VOICE VOTE, ALL VO►TIl�iG AYE, Ci�IItPF�tSOiJ E� DDCI.ARFD Tf� PUSLIC I�ARING ppEN AT 7:37 P.M. Chairpersan Barna read the Ac�r.ti.nistrative Staff Report: AD[�iINZS'TRATI�IE STAF'F' � 1130 - 73rd Avenue N.E. VAR � 87-40 A. PUBLIC PURPOSE SEE�IID BY RDCX7I��: Sectirn 205.17.3.D.2.b x�equires a miriimnn 35 foot sic3e yard setback a'� the street side of a oorner lot. �- 7 R , . APPEAIS OCtMISSION MEETIl�G, FF�RLJARY 2, 1988 P��GE 2 Public p�uxpose sezv�ed by this requirgnent is to maintain adequate side yazd setbadcs aryd aesthetic open areas aramd ca��ercial stn�ctures. Section 205.17.S.a requires that all parki�g and hard surfaoe areas be � closer than 20 feet fran any stzeet ric�►t-of way. � Public purp�se sezved by this requirenent is to limit visual encroacfimEant into neic��i�oring sic,�t lines and bo allow far aesthetically pleasing q�en areas adjavent to public ric,�t-of-ways. B. STATID i�SI�P: "Site will not have required width for tzaffic and parking on the lot :Eor this type of oocupancy." C . ADMII�1ISTf�TIVE STAFF FtEVIEW: This parcel was previausly part of the Hydraulic Specialties parcel. 7A lot split was approved last year to create this buildable g�-u�cel. Prior t�� S�perAmerica being develq�d oc� tiie southeast o�rner of 73rd Avenue an�3 Highway 65, the Hydraulic Specialties parcel did not abut a right-of�w3y on its w�estern border. The existing building is 15 feet frQn the west�:rly Pro�xtY line which is the saane distanoe the Crysteel building is seek:ing apprwal for . Tiie develoQer has stated tlzat the building cannot be shifted to the ea,st due to the r�eed for trudc mar�euverability within the starage yard area. tlirthenrore, if the plan were rev�ersed with drivewaYs on the west side of the lot and the stru�cture on the east, the driveways would be too clos�e to the intersection of 73rd Averu�e and the service road. The hard surfaoe setbadc variar�oe stwuld r�t be less than that of the builcling. The develvper has submittsd z�evised plans �ich shaa the parking lot setback 15 feet from the setvice road• Z�is should allvw far sufficient green spaoe and sic�t liryes . Mr. Clark stated he had spoken with the petiticner. Mr. Peter Schuller of ,A. B. Syst�, Iryc. Orie of the th,ings theY discussed was maving the building and parking lot 5 irore feet away fran the sexvioe drive �ich wvuld reduoe the drive- way width fxun 42 ft. to 37 ft. and reduce the sPaoe outside the averhead door that enters at grade fto�n 35 ft. to 30 ft. Mr. Clark stated Mr. Schuller had stated he did r�at think that wo�uld be a problen. If that was still tn�e, then the building waild be 20 ft. fran the praperty line and 27 ft. from the cu�. Zi�e parking lot waulcl t1�en be 20 ft. o� both the north and so�th, aryd a varianoe would nat even be necessaiy for ti�e parking lot. Mr. Clark stated he had also discussed with Mr. Schuller the possibility c�f lc�rering the roof elevatian of the building, which is r�ow shvwn as 24 ft. abov� urade. As of t,oday, ttiey did not have the elevatiar�s back fram the enqineer'��surveY6r who was doing some toQogY'aphy. and the 3rawi.ngs would probably be ready day or t�a�o. Howev�er, it �ppeared there was a 4-7 ft. drop fran the west tn the east. If that was true, the buildinq oo�uld be lcwered.as far as the flccr� and the i 1 ' � � APP£,F�►L.S OCrT'1ISSIGN MEE.TII�1G, F'EH'�itJARY 2, 1988 PAGE 3 �f, ��t �,� � ��b w�uld be Sanething quite a bit less than� 24 ft.-- probably aYOtuld 20 ft. That would drop the buildin9 Profile as Peq�le see it frcm the service driv�e an the west. He stated the building was being built: out of pre-cast oor�crete and earth oould be put ag�n�tro break c7o�m ti�e height �betw�een be done was to use different types of lv�scap� 9 the bui lding and the curb . , � Mr. Kuechle stated that if the buildirg was m�ved 5 ft. further to the easi=, would that restrict the acoess t�o trucks oatun9 to the rnrerhead docrs? Mr. Clark stated he did ryot think so. because the distance between the parlcing lot ar�ci the curb was now 42 ft. It waul t�tro�ti�e�rear of7the�b lding wi�ere m�st of probably still make their turns tro ge the larger trucks would prabably go• Mr. 8chuller stat�ed they did not ha.ve a pxobl�n with m�vin9 the building 5 ft. tro the east. Beyor�d that, as was discussed at the Planning Ca�mission meeting, tl'�eY would have a real difficult time �r�9 �i�l� �t'O ��t °�� O°r as w�ell as the svuth overhead d�oors. ��t�en they originally laid the plan o�t, they tried to keep the building and the Hydraulic S�ecialties building in line aPStheti- cally, and that uras one of the reaso�s for the 15 ft. setba,ck in lieu of 2.0 ft. How�ever, they did not have a grobl.em with the 20 ft. setback, if that was tl'�e City's desire . Mr. Schuller stated that in te� of building elevation, he was aware of ihe massive heic�t. They calculated the heic�t based on interior design and the tYPe of wark that would be done in the building. H�e stated that part of the west wall of the Hydraulic SYaecialties building was actually built int�o the hill: arYi. m�sit likely, they would be able t�o earth-berm at least a portial of their builcling• Mr. Schuller stated he had talked to staff prior to laying out the buildi�ng. One reason they ended up with the entranoe as far east cn 73rd Av�er►�e was be�;.ause of the requiz�ement for the 75 ft. setba�cic. If they were to put an entrance ��n the west side 75 ft. back, theY weuld even have 8 PrObl� �re because °f the drqroff. So, there really was not another waY to laY out the building with the lot the way it is, either eoonaaically or feasibly• Mr. Schuller stated Mr. Determan had installed a drainaQe culvert last ye�ar. The engineer they are warking with feels he can very nicely slape everYthin9 fro�m the west tc� the east in� that drainag�e facility. Mr. Schuller shc�aed same pictures of the pre-cast o�ncrete that would be used in the oonstruction of the buildinq. He stated that in workin9 with the Cii_y Plaruyer, Mr .�obins� was not real ha�p�y with the rnrth elevaticn ar�d west elevatLon because of the requirement here for brick facinq• He stated it was real difficu:lt to brick face a pre-cast eoricret�e building. and theY will hav�e to w�o�k in scme at]aer fashio�. Mr, Shculler statred theY wiu P��ly ��t 20 ft. of the building exposed on the west. On the n�rth side, as they turn the co�'ner, t�'�ey are 9oin9 � be 4 ft. to grac� level to the entrance there, and tl'►eY willf f rd�ably havesso��a there wi th the entranoe • So, on the riorth side, they P of a retaining wall as theY ent+e� ��'� �� '"1O�d le�d itself well t�o landscapin9• � ' 7T APPF�LS OCrT2ISSI�1 MEETING, FEB�i[JAR'Y 2, 1988 PAG� 4 '- Mr. Sc�uller stated that as far as I,ar�dscaping, theY can 9'� with sane tz�ee:� on the west in lieu of lcw shrutabery �ich will also art the hei�t of the bui.lding c3own. Mr. Sci�uller stated they are o�noerned about aestheti.cs. They are a desiqr�-build firm. TYiey d4 architectural engineering and c�nstructirn. Zl�e naa��e �of thE: coRpa-'YY used to be Architectural BuiLding SZistems, and they abbreviated it t� A. B,. S�►stte�, Inc. They have a co�le of architects � a retainer basis, and mechanical and electrical engineers work fo�r tlzeir fian. 1l�eir p�imazy service area has i�een Southern Minnesota, but they are now startin�g to m�ve into the metro area. Mr. Schuller stated they hav+e looked at the site plan several ways, and there really were �t too many ways to work with the site. MOTION Dr. Vos, seoo�ded by Mr. St�erek, to close the public hearing. UPON A WIC� Vl7TE, ALL iIOTING AYE, C��PER.SC�T BAi�1 DDGf.A1� TI� PUHS.IC HEARING CLpSID AT 8:05 P.M. Mr. Kuechle stated he wvuld be in fawr of recaRrend�ng apPraval of the variaryce, provided the building was n�nved 5 ft. t� the east, the building was lowered as much as possible, arxi that the petitioner w�k with the Planning Depart�nent an an acceptable facade. Mr. Sherek stated they dealt with this property wi►en the owrier cv��e in foi' the lot split. It was a very small piece of property. They kr�w Some adjust��n�s would have to be made to make the' lot buildable, and he felt the 20 ft. se�tback varianoe was vezy reasonable. Dr. Vos stat�ed he agreed witi► Mr• 5herek• He was surprised a building ca�ld even be put o� the lot. Mr. Barna stated this was a very w�ell enginsered, thqu9ht-out, designed f�►cility. iie thought the business would fit into tl�e area very well. Movinc! the bu��ldir�g over the 5 ft. also r�mved the two parking lot variarres. MOTION by Mr. Sherek, seooa�ded by Dr. Vos, bo re.'ooem�nd to City Cauncil a��proval of Varianoe Rec�iest, VAR � 87-40 , by A. B. S�st�, pursuant to C�apte� 20!i .17 . 3.D . 2.b of the Fridley City Code to reduee the required side yard setbacic frem 35 feet to 20 feet on a carner lot, o� that part of the East 225 feet of the West 47:i feet of the North Half of the Northeast Quart� of tl�e Southwest Quarter of Secti��n 12, T-30, R-24, Ar�olca Cainty. Minnesota►. lYing North °f the South 405.60 feet of said North Half of the Northeast Quarter of the Southeast Quarter, the same being 1130 - 73rd Avenue N.E., with the stipulaticn that the building be lvwere�3 as mx�h as possible. The variances for tiye parkin9 lot setback from 20 feet t�o 15 feet an the south parkirig lot and 20 feet to 5 feet o� the north parkin9 l,ot �aere rn longer needed du�e to the mwing of the building 5 feet to the east. UPON A VOICE V�0►PE, AT�L VOTIlJG AYE. C�►IRP'E'iiSC�i BAFt�, DDLZAit�D TI� M)'TI0�1 CARRIID U�I�,NIl�'IOUSZY. Mr. Barna stated the Planning GoRmission had made a nnti�that� o� Fe� 8. 1988. go directly t�o the City Camcil, alanq with the speci Pe Mv • y; u �► .�.� . .�,.�„ �, „i�a� . ►: ►� ::� �� • ;,� �i� Chairperson Betzald called the January 27, 1988, Planning to orc3er at 7: 32 p� m . � ;,•. : � Members Present: Dor�d Betzald, . Dean Saba, .�Sherek, . Alex Barna� Richard Svanda rr. 7:55 pr m) Members Absent: David Rondrick Others Preserit: Jim Robinson, Plann' g Coordinator Jock Robertson, . tnity Developner� Director Glen Wiens, .202 Lily, Lake Crystal. I�- Peter Schuller 209 Wooc3 Lake Dr. S E. , Rochester Geor ge Appl un, 2233 N. Haal ine. . S't. Paul meeiting 7U Mr. Barna stated he wo c3 1 ike to note that the reason he was 1 isted as absent at the meet' g was because he was unaware at the time of Mr. Betzold's appoi as �aiiperson of the Planning Cananission and that he was to attend January 6th meeting. �Q�1 by Sherek, seo�nded by Mr. Barna► tA approve the January 6, :1988, Plannin ission minutes as amende3 VOI� VOrE, . ALL V(JTII� AYE, ��QV BETZQ�D DECZARED THE M�YPION ) UISANIl�USLY. 1. PilRi TC' t��RTt� CONSIDERATID.' n� � en�rTnr. t�c� vF.T2MTT_ ��88—�1. BY 1�. B. S�l.�'i'F._MS_ TAY:_ ; Per Sectiaz 205.17.1.C.8 of the Fridley City Code to a11aw exterior st��rage o� materials and equipnent on that part o� the East 225 feet a� the weEt 475 feet o� the North 8alf a� the Northeast Quarter o� the Southwest Quartier of Sectiai 12, �-30, R-24, Anoka Coimty, Minnesota, lying North of the ;5outh 405.60 feet a� said North Half o� the Northeast Quarter of the Soutlnwest Quarter, the same being 1130 - 73rd Avenue N.E. M�QlI bY Mr. Barna, seo�nded by Mr. Saba, to open the public heari.ng. LTPON A V�I� VOI'E. . ALL VC7PII� AYE, CFIAIlZPE�'RSQ�I BEI'ZCLD DECLARID TI3E M�TION C?,RRIED UI�INIl�W 3,Y, . AND THE PUBLIC HEARIlJG �ENID AT 7: 34 P. M. Mr. Robinson stat�d this property was located south of 73rd Avenue andl east of Hic�way 65. It was the subject of a lot split, L. S. #87-02, t�y Don Reiken, Presic3ent � Hydraulic Specialties, located just to the soutti �of the paroel that was sglit a�t. At this time, � Crysteel Distributing, Inc. , who is a tenant of Hydraulic Specialties� to the south was requesting to -1- PIA�II�I1� pQ�'II�+BSSIC7N NEETING, JANt� 27, 1988 oonstruct and o�erate its business on that property with outside storage. �e property is zored M-1, lic�t industrial. The uses prop�sed with the busir,ess u�clu3e warehousincy • lic�t manufacturing, afs ice use, as well as sales and ser� ioe. 7v Mr. li�binson stated the site area was approximately 1.3 acres, and t.he building area was 11,440 sq. f�, mid there was a requirenent for 39 park:ing epaoes. . l9r. �binson stated the site .plan which has been develaped by A 8 9yste�ns, Inc., included a building with werhead doors within the storage yard arE:a. �e storage yard fenae would rtm o�ntinuously around the building ar��a. �ere will be required parking in fror�t and back and on the east side o�f the building. Mr. A�binson stated there were two varianoes associated with the proj�ect that were going to the Appeals Commission on Feb. 2, 1988--one far a building setback on a ri�t-o�-way fran 35 f� to 19 f� and a hard surf ace setback f r�n 20 ft. to 5 f-t. Mr. imbinson stated Staft was reoomnending the follcwing stipulatia�s: 1. Pedesig� parking to pcwide ten foot 6tatls with at least 15 feet o� setback on the west with turn-aro�s�d. 2. Provide an ei�t foat hic,� chain link fenoe with vinyl slats on east„ west, and north (incluaing gate) with no barbed wire visihle frtm ricj�t-of-�ray. 3. Pravide ac3ditional landscaping as per staft drawing (to be supp�l ied pr ior to (b�cil ). 4. Staff regerves the ric�t to reao�nend changes to the buildig facade to adlieve qualitative aonsistency with reoent o�nstruc�ion in the area. 5. Develaper to supply a starm drainage plan for staff appra�val by �ebruary 5, 1988. Rioe Creek Watershed appcwal needed prior tc building permi� 6. Private utility easement and covenant between subject pro�pertY ar�d parael to the south to be e�aecuted and reoorded prior to builing penait� 7. Bala�oe af park fee fran L. S#87-02 to be paid prior to building permi� 8. Ab display tfar sale or otherwise ) of trucks or equipnent will be permitted outside the storage yard. 9. Letter o� credit to cover aitside impca�veaents to be supplied prior to building penai� Mr. Barna asked how tbis parking was going to be tied in with, the develaFment to the eouth and the c3evelopaent to the east, . and with Rice -2- 7W i +�\� \. �� V�11i . j �/\ V�� \. �� \. �� \� CYeek being ric�t an the east edge � the praperty. Mr. Robinson stated that along with the lot spl it he had me.ntialed earl :ier, there was also a split o� the easterly 25 ft. of the entire lot betwE�een 7�d and 73rd, and that 25 ft. , along with approximately another 25 ft. is the Creek area. That Creek.is being piped at this time by Determan Welding, the oompany to the east. Z�at has been apprwed by the Ric�e Creek Watershed District, and there was also a acxaprehensive Drainage Plan that was approved by the Rioe Creek Watershed District, so this developnerit would have to tie into that drainage schene. As far as tying into the property to the soi�th, along with the lot split, there was a variance approved for the Hydraialic Specialties building with the lot split for insufticient rear yard. Tliere would be a fenoe on the rew property lire. FIe did not believe there was any cross traff ic oonsidered at this time. Ms. Sherek asked about lanc�caping along 73rd Avenue. Was there going to be a visibil ity prohlen with the trees and bushes? Mr. R�binson stated they were showing trees with berming. They gener�slly ask f or a axnbination of trees and shrubt�ery. Ms. Sherek stated that beca�se � the varianoe for a reduced setback, 1they are looking at that building being quite close to the ric�t-of-way in ti�rms of the traffic that aomes out o� Sl,�er-�neriaa and o�mes along the ser��ice road and makes a ri�t hand turn out mto 73rd Avenue. It was becomi�ng a heavily traveled raadway. Mr. R�binson state8 there was a visual safety zone included in a triamgle where no lanciscaping vould be plaoed. �iat woulc7 include no berming. 'They w�uld also make sure that the sicyz was not a prohlea there either. 7i�e sigl would have to be high enouc,�, at least lU f� a�t the gramd. Ms. Sherek stated that the time when the piping of the Creek was propo�sed, there was also some discussion about the possibility of using that for aocess to Determan fran 73rd Avenue. Was that still a consic7eration h�ere? As she renenbered, the C�mission had some aonoern about rear aooess or side aooess. 7�ere was �ane ooncern about whether trucks could turn back in there and get back out an to 72nd Avenue and whether there would be en��ugh acoess to 73rd Av�ue to p�ev�t that fran bevaning a prokalen. Mr. R�binson stated Mr. Determan's aooess was def initely oft 72nd Avenue. H�e stated he o�uld check into this. Ms. Sherek stated she thought the original discussion had to do with the possibility of a voterminous driveway running along there to pro��ide Determan with a way to get large vehicles in and out of his property, if �a �. Mr. Imbinson stated he did shaw same parking and driveway along that area, but it was quite a way frcm the 25 f� �ere was some oonsideration at the time for averni�t truck storage, 1-2 trucks at a time, but he bel ieved the aooess was off 72nd Avenue. He stated he did not see any particvlar protalen -3- 7X � : ��1 �. �.��'v '! • � �i�s1Y .. '. . ': :� with this. Mt. Peter Schuller, A 8 9ystens, Inc. , stated he was representing Crysteel Distributing. Also at the meeting was Glenn Wiens, .the General Manager of CYysteel. 8e stated Crysteel's hane a�t ice was in Lake Crystal, Mn. , and they have a branch offioe in Fridley. They are leasing right now fran Hydraulic S�ecialties at 1131 - 72nd Avenue N. E. They have purchased the property directly north of there and would like to expand into tlhat f acil ity. Cxysteel' s pc imary busir�ess was sales and di st r i but i on of tr uc k equipnent and aooessories. �ey install such things as truck dump bodies onto trucks, as well as installing snow plaws, hoists, . tool boxes, and ruzning boards. Mr. Schuller stated that �ior to the intaltation of the truck �dies, they are going to r�eed a aertain amant a� storage, until an ir�divi�al picks of the tr uck, a�d that was the zeason f or the spe ci al use pe rm it. He sta.ted they have made a oouple of �anges, �di as lines in the drabaings, and ti�ose have been discussed with Mr. A�binson Mr. Betzold asked if the petitioner was agreeable to the stipulationF� as re�ended by staff. Mr. Schuller stated that Stipulation #l, that the parking be redesigne�i to pravide 10 ft. stalls with at least 15 ft. of setback on tlie west M�ith turrraro�nd, has al ready been cbne. Mr. Schuller stated they were basically in agreement with the rest of the stipulatians. He stated they have been working with Mr. Rnbinson and iiave talked to the City's Building Inspector. Mr. Schuller stated regarding the Caunission's aonaern regarding the s:ign, if they were to install the sigl on the northwest c�rner, they w�uld elevate it 15 f� o�f the grade level. 7bey did not have a pcohlen with d�ing tha� It was to thei r advantage to cb that; otherwise, the sic� would rio1: be visihle fran Hi�way 65. Mr. Betzold stated that with this special u�e permit and the varianoes gping to City ��cil, was it a problen with the Appeals Qo�m►i.ssion minutes wming back to the Plarusing Ca�missian before g�ing on to City Gb�ncil? Mr. Robinson stated that it they w�ere to wait for the Feb. 2 AppE:als Qocm►i.ssion minutes to co�ne �ck thrauc,� the Planning Commission, it would delay the special use permit and the variances fran going to the �City 4»cil tntil P�eb. 22, 3nstead of P�eb� 8. Mr. Schuller stated they w�ould 1 ike to go to City Council on Feb. 8, if possii�le, because they would like to start spring construction as eoon as possible. Mr. Barna asked what they would be storing in the storage yard. I�lr. Wiens stated there Would be a few chassis, mainly finished products, -4- 7Y i \�\� \. �� V�V �/\ ��•�J'%T \. �� \.��i �� util ity bo�oes, sno�r plaas, etG Zhis would not be a maj or storage pl a�ce. �e products would possihly be in the storage yard about a week bef ore th ey were manted onto trucks, etc. The sales would be mainly sales of the snaller parts. 9�e sale a� larger parts was handled at their Lake Cryftal facil ity. . . Ms. Sherek asked if the creation of this rear yard storage was goinc� to eliminate the storage or display of trucks sitting out on 72nd Avenue. She stated she did not like it, because it looked like a used car lat. Mr. Wiens stated the storage a� trucks woutd stay on 72nd Avenue, . bec<�use that was going to be their lot, .but it would be fenced so it would no1: be ahte to be seen Mr. Schuller stated they will be eliminating sane storage spaoe by buil�9ing the bu il ding. M�QN by Ms. Sherek, seoonded by Mr. Saba, to close the put11 ic hearing. LiPON A VOICE VO!'E, ALL VOI'II� F,7�, Q3AIRPf�R9QV BErLQ�D DECZARED THE PU�BLIC HFARING Q,C�ID AT 8: OS P. M. Mr. Saba stated he thought this Iooked Iike a good plan Ms. 5herek stated it was the best gla� she felt ariyone was going to oome up with for this site. Ms. Sherek stated they a�uld eliminate Stipulation #1 as that has already been d�r�e by the petitioryer. M�IQN by Ms. Sherek, . seoonded by Mr. Barna, to recommend to City Coumcil apprwal o� Special Use Permit, . SP #88-01, by A. 8 Systems, Inc. , per Section 205.17.1.C.8 ctf the Fridley City Code to allaw exterior storac�e of materials and equipnent an that part of the East 225 feet of the West. 475 feet of the North Half af the Northeast Quarter c�f the Southwest QuartE:r of Sectiaz 12, Z� 30, i�24, Anoka Co�mty, Minnesota, lying North of the �►outh 405.60 feet o� said North Half a� the Northeast Quarter of the SoutYiwest Quarter, the same being 1130 - 73rd Avenue N. E. , with the follo�wing stipulatians: 1. Pravide an eic,�t foot hic� c3�ain link fenoe with vinyl slats on. east, w�est, a�nd north (including c,�te) with no barbed wire visilale frcm ric,�t-c�-way. 2. Provide additional lanc�scaping as per staft drawing (to be suppl iecl prior to Co�cil ). 3. Staff reserves the ric,�t to reooimiend c�anges to the building facade to achieve qualitative oonsistency with reoent oonstruct.ion in the area. 4. Develo�per to sup�ly a storm drainage glan for staft approval by► F+ebruary 5, 1988. Rioe Creek Watershed apprwal reeded prior t:o 4iilding permi� 5. Private uklity easemem and oovenant between subject pcoperty ��nd -� 7Z J : �h� .. •��'�� .'1 �:, �i�1�lV � ' � ': :+ paroel to the ecuth to be e�oeatted and reaorded prior t� building permi� 6. Bal�e a� park fee fram L S t87-02 to be paid prior t�o building permit. 7. Ab display (for sale o� otherwise) of trucks or equfpne.nt will be permitted outside the storage yard on their property or a�iy other adjaaent pco�perty. 8. Letter o� credit to a�ver ou�side impravenents to be supplied prior to luilding permi� UPON A VOI� VOI'E► . ALL+ VOTII� A�, �IAIItA%RSCN BEIZQ�D DEQ+ARED T8E MOTION Q�RRgD UI�N�'Ql3.�Y. �QI� by Ms. Sherek, . eeo�nded by l�lr. Barna, that the varianoe request b�� A. S S�stems, . Inc. , go di rectly to the City Council f rom the Appe al s Camiission without g�ing to the Planning Commi.ssion through the minutes so that the varianaes and special use permit will g� to City (bulcil on i�eb. 8. L1PON A VOICE VO!£, . ALL VOTII�IG A7�, Q�A�I�ERS(N BIIZ CLD DE CZ+ARED TH E M�'T' ION CARi2IED UI�NIl�X)3,Y. �� : ��\ � �,� � � �� / � �1 )i � K / : ]� � �/ � �� SQN by Mr. Saba, eeoonded by Mr. S�anda, to r�aave the item,�ran the tabl e. tJPON A VOI� VOTE, . ALL V�ING AYE, C�iAIItPEEt.9Qd B�Z�D ARED THE MQ7PION (Ai2R�D UI�NIIrWS,Y. Mr. Robinson stated that sinoe the last meeting, aft looked at var:�ous optians, and he was prepared to present azly cQtion, because staft �Eelt it was the only option tbat made sense. at option does include: an additional curb cut to the Moore Lake doc�n s proposed shopping cente�r on Central/Rioe Creek Ro�ad in an area dire y across from 63rd Avenue. The develaper has requested this curb cut to a marketing c�noern for sau�e a� the tenant s�aes in the prop�sed ' ng oerYter. Mr. Imbinson stated that at the ast meeting, there was some voncern as to the impact an the neic�bor to the north and the use of 63rd Avenue by oo�snercial traffic wanting o shortcut the light at Bighway 65 ar,d Rice CYeek Road. Based up�n se oonaerns, .stafr came up with a desi� which includes extending Ri Creek RQad's proposed median to prer,2ude traftic fran exiting the sh ing oenter and cutting across. In addition to� the driveway median, direc*s traftic to the east so the ma�venent across Rioe CYeek Road was ahibited in that way. It does r�ct restrict the use o� 63rd Av�ue by the ic,�bors; they still have all the oonvenienoes they have today. ane ing they cannot dr� is leave the shopping oenter and go ac:ross to 63rd A ue f ram the new driveway, but that was a aonvenienve they v�ou1 d not hav without the pcapc�sed drivaaay, eo nothing was being taken away frcm : A�binson stated that with the closi,ng of the medi� an eic�way 65 at the -6- � _ _ J DATE: TO: FROM: SUBJECT: Community Development Departmen.t NG DIVISION City of Fridley February 7, 1991 � �a ` William Burns, City Manager�,�. Barbara Dacy, Community Development Direci:.or Michele McPherson, Planning Assistant First Reading of an Ordinance Approving a Rezoning Request, ZOA #90-06 Attached is the above referenced ordinance authorizing a chang�e in zoning from M-1, Light Industrial to C-2, General Business for Crysteel, 1130 73rd Avenue. The Planning Commission voted unanimously to recommend denia:l of the request to the City Council. Staff recommends that the Council concur with the Commission's action. MM/mm M-91-83 ORDINANCE NO. ORDINANCE TO AMEND THE CITY CODE OF THE CITY OF FRIDLEY, MINNESOTA BY MAKING A CHANGE IN ZONING DISTRICTS The Council of the City of Fridley does ordain as follows: SECTION 1. SECTION 2. Appendix D of the City Code of Fridley is amended as hereinafter indicated. Be and is hereby rezoned subject to stipulations adopted at the City Council meeting of , 1991. The tract or area within the County of Anoka and the City of Fridley and described as: That part of the east 225 feet of the west 475 feet of the north half of the northeast quarter of the southwest quarter of Section 12, T-30, R-24, Anoka County, Minnesota, lying north of the south 405.60 feet of said north half of the northeast quarter of the southwest quarter, generally located at 1130 - 73rd Avenue N.E. Is hereby designated to be in the Zoned District C- 2, General Business. SECTION 3. That the Zoning Administrator is directed to change the official zoning map to show said tract or area to be rezoned from Zoned District M-1, Light Industrial to C-2, General Business. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF , 1991. WILLIAM J. NEE - MAYOR ATTEST: SHIRLEY A. HAAPALA - CITY CLERK Public Hearing: February 11, 1991 First Reading: Second Reading: Publication: . � {. °- � � RESOLUTION - 1991 RESOLUTION SUPPORTIIVG THE ADOPTIOIV OF AN ORDINANCE ON THE SITING OF SEXUALLY 012IENTED BUSINESSES PROHIBITING THEIR LOCATION WITHIN CERTAIN SPECIFIED DISTANCES FROM RESIDENTIAL AREAS, SCHOOLS, CHURCHES, PARKS AND PLAYGROUNDS. WHEREAS, the City Council has received copies of the "Report of the Attorney General's Working Group on Regulation of Sexually Oriented Businesses", dated June 6, 1989, prepared in conjunction with Hubert H. Humphrey, III, Attorney General, State of Minnesota and the reports of the cities of Indianapolis, Indiana, dated 1984; Phoenix, Arizona, dated 1979; St. Paul, Minnesota, dated 1987; all of which reports are hereafter collectively referred to as "Reports"; and WHEREAS, the Reports considered evidence from studies conducted in Minneapolis and St. Paul and in other cities throughout the country relating to Sexually Oriented Businesses; and WHEREAS, the Attorney General's Report, based upon the above referenced studies and the testimony presented to it has concluded "that sexually oriented businesses are associated with high crime rates and depression of property values". In addition, the Attorney General's Working Group ". .. heard testimony that the character of a neighborhood can dramatically change when there is a concentration of S�xually oriented businesses adjacent to residential property."; and WHEREAS, the Reports conclude that Sexually Oriented Businesses have an impact on the neighborhoods surrounding them which is distinct from the impact caused by other commercial uses; and WHEREAS, the Reports conclude that residential neighborhoods located within close proximity to adult theatres, bookstores and other Sexually Oriented Businesses experience increased crime rates (sex-related crimes in particular), lowered property values, increased transiency, and decreased stability of ownership; and WHEREAS, the Reports conclude the adverse impacts which Sexually Oriented Businesses have on surrounding areas diminish as the distance from the Sexuaily Oriented Businesses increases; and WHEREAS, the Reports conclude that studies of other cities have shown that among the crimes which tend to increase �ither within or in the near vicinity of Sexually Oriented Businesses are rapes, prostitution, child molestation, indecent exposure, and other lewd and lascivious behavior; and � � � WHEREAS, the Reports conclude that the City of Phoenix, Arizona, study confirmed that the sex crime rate was on the average 500 percent higher in areas with Sexually Oriented Businesses; and WHEREAS, the Reports conclude that many members of the public perceive areas within which Sexually Oriented Businesses are located as less safe than other areas which do not have such uses; and WHEREAS, the Reports conclude that stu3ies of other cities have shown that the values of both commercial and residential properties either are diminished or fail to appreciate at the rate of other comparable properties when located in proximity to Sexually Oriented Businesses; and WHEREAS, the Reports conclude that the Indianapolis, Indiana, study established that professional real estate appraisers believe that an adult bookstore would have a negative effect on the value of both residential and commercial properties within a one to three block area of the store; and WHEREAS, the Fridley City Council finds the suburban characteristics of Fridley are similar to those of the larger cities cited by the Reports when considering the effects of Sexually Oriented Businesses; and WHEREAS, the Fridley City Council finds, based upon the Reports and the studies cited therein, that Sexually Oriented Businesses will have secondary effects upon certain pre-existing land uses within the City; and WHEREAS, the Fridley City Council finds trat proper planning £or the siting of Sexually Oriented Businesses within the City is necessary in order to protect the City's planning process and the health, sa£ety and welfare of the citizens; and WHEREAS, the Fridley City Council finds that an ordinance on the locating of Sexually Oriented Businesses within certain specified distances from churches, residential zone district boundaries, schools, and youth facilities is necessary in order to permit the planning process to take place; and NOW THEREFORE BE IT RESOLVED that the City Council of the City of Fridley, for the reasons stated above, finds that it is in the interest of the health, safety and welfare of its citizens to adopt an ordinance entitled ORDINANCE ESTABLISHING A NEW CHAPTER �� THE CITY CODE OF THE CITY OF FRIDLEY, CHAPTER 127, ENTITLED "SEXUALLY ORIENTED BUSINESSES". ` PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THiS llth day of FEBRUARY, 1991. William J. Nee, Mayor S ir ey A. Haapala, City Clerk � � _ � - � Community Development Department NG DIVISION City of Fridley DATE: February 7, 1991 TO: William Burns, City Manager�''�� FROM: Barbara Dacy, Community Development Director SUBJECT: �71 First Reading of Ordinance Regulating Sexually Oriented Businesses Attached for first reading is the ordinance creating a new chapter in the City Code regulating sexually oriented businesses (please refer to public hearing item). The Planning Commission recommended approval of the ordinance. The attached ordinance contains the Planning Commission's recommendations. Staff recommends that the City Council approve the attached ord�nance for first reading. BD/dn M-91-85 • � ORDINANCE NO. ORDINANCE ESTABLISHING A NEW CHAPTER OF THE CITY CODE OF THE CITY OF FRIDLEY, CHAPTER 127, ENTITLED "SEXUALLY ORIENTED BUSINESSES" The City Council of the City of Fridley does ordain as follows: 127.01. PURPOSE AND INTENT It is the purpose of this ordinance to regulate Sexually Oriented Businesses to promote the health, safety, morals, and general welfare of the citizens of the City and to establish reasonable and uniform regulations to: 1. Prevent additional criminal activity within the City; 2. Prevent deterioration of neighborhoods and its consequent adverse effect on real estate values of properties within the neighborhood; 3. To locate Sexually Oriented Businesses away from residential areas, schools, churches, and parks and playgrounds; 4. Prevent concentration of Sexually Oriented Businesses within certain areas of the City. The provisions of this ordinance have neither the purpose nor effect of imposinq a limitation or restriction on the content of any communicative materials, including sexually oriented materials. Similarly, it is not the intent nor effect of this ordinance to restrict or deny access by adults to sexually oriented materials protected by the First Amendment, or to deny access by distributors and exhibitors of sexually oriented entertainment to their intended market. 127.02. DEFINITIONS 1. Adult Use. Any of the activities and businesses described below constitute "Sexually Oriented Businesses" which are subject to the regulations of this ordinance. A. Adult Book and/or Media Store. An establishment having as a substantial portion of its stock in trade or stock on display books, magazines, films, videotape, or other media which are characterized by their emphasis on matter depicting, describing, or relating to "specified sexual activities" or "specified anatomical areas". • � Ordinance No. Page 2 B. Adult Cabaret. An establishment which provides dancing or other live entertainment, if such establishment excludes minors by virtue of age or if such dancing or other live entertainment is distinguished or characterized by an emphasis on the performance, depiction or description of "specified sexual activities" or "specified anatomical areas". C. Adult Establishment. Any business which offers its patrons services, entertainment, or the sale of inerchandise characterized by an emphasis on matter depicting, exposing, describing, discussing, or relating to specified sexual activities or specified anatomical areas. Specifically included in the term, but without limitation, are adult book and media stores, adult cabarets, adult hotels or motels, adult mini-motion picture theaters, adult modeling studios, adult motion picture arcades, adult motion picture theaters, adult novelty businesses, and other adult establishments. D. Adult Hotel or Motel. Adult hotel or motel means a hotel or motel from which minors are specifically excluded from patronage and wherein material is presented which is distinguished or characterized by an emphasis on matter depicting, describing, or relating to specified sexual activities or specified anatomical areas. E. Adult Mini-Motion Picture Theater. (i) An enclosed building with a capacity for less than 50 persons used for presenting motion pictures, including but not limited to film and videotape, having as a dominant theme material distinguished or characterized by an emphasis on matter depicting, describing, or relating to Nspecified sexual activities" or "specified anatomical areas". (2) Any business or building which presents motion pictures, including films and videotapes, having as a dominant theme material distinguished or characterized by an emphasis on matter depicting, describing, or relating to "specified sexual activities�� or "specified anatomical areas", for viewing on the premises, including but not limited to private booths, viewing by means of coin operated or other mechanical devices, and the viewing of excerpts of motion pictures offered for sale or rent. 9C Ordinance No. Page 3 F. Adult Modelinq Studio. An establishment whose major business is the provision, to customers, of fiqure models who are so provided with the intent of providing sexual stimulation or sexual gratification to such customers and who enqage in specified sexual activities or display specified anatomical areas while being observed, painted, painted upon, sketched, drawn, sculptured, photographed, or otherwise depicted by such customers. G. Adult Motion Picture Arcade. Any place to which the public is permitted or invited wherein coin or token operated or electronically, electrically, or mechanically controlled or operated still or motor picture machines, projectors, or other image-producing devices are maintained to show images to five or fewer persons per machine at any one time, and where the images so displayed are distinguished or characterized by an emphasis on depictinq or describing specified se�cual activities or specified anatomical areas. H. Adult Motion Picture Theater. An enclosed building with a capacity of 50 or more persons used regularly and routinely for presenting live entertainment or motion pictures, including but not limited to film and videotape, having as a dominant theme material distinguished or characterized by an emphasis on matter depicting, describing, or relating to "specified sexual activities" or "specified anatomical areas" for observation by patrons therein. I. Adult Novelty Business. A business which sells, offers to sell, or displays devices which simulate human genitals or devices which are designed for sexual stimulation. J. Specified Anatomical Areas are any of the following conditions: (1) Less than completely and opaquely covered: (a) human genitals, pubic region, or pubic hair; (b) buttock; and (c) female breast below a point immediately above the top of the areola; and (2) Hwaan male genitals in a discernibly turgid state, even if opaquely covered. • , 3nce No . 4 {. Specified Sexual Activities are any of the following conditions: (1) An act of sexual intercourse, normal or perverted, actual or simulated, including qenital-genital, anal-genital, or oral-genital intercourse, whether between human beings or between a human being and an animal. (2) Sadomasochistic abuse, meaning flagellation or torture by or upon a person who is nude or clad in undergarments or in a revealing costume or the condition of being fettered, bound, or otherwise physically restricted on the part of one so clothed. (3) Masturbation or lewd exhibitions of the genitals including any explicit, close-up representation of a human genital organ. (4) Physical contact or simulated physical contact with the clothed or unclothed pubic areas or buttocks of a human male or female, or the breasts of a female, whether alone or between members of the same or opposite sex or between humans and animals in an act of apparent sexual stimulation or gratification. 127.03. APPLICATION OF THIS ORDINANCE Except as in this ordinance specifically provided, no structure shall be erected, converted, enlarged, reconstructed, or altered, and no structure or land shall be used, for any purpose nor in any manner which is not in conformity with this ordinance. No Sexually Oriented Business shall engage in any activity or conduct or permit any other person to engage in any activity or conduct in or about the establishment which is prohibited by any ordinance of the City of Fridley, the laws of the State of Minnesota, or the United States of America. Nothing in this ordinance shall be construed as authorizing or permitting conduct which is prohibited or regulated by other statutes or ordinances, including but not limited to statutes or ordinance prohibiting the exhibition, sale, or distribution of obscene material generally, or the exhibition, sale, or distribution of specified materials to minors. 127.04. NON-CONFORMING USES All Sexually Oriented Businesses which were lawfully in existence as of the effective date of this ordinance and which were rendered nonconforming by the application of this ordinance shall be subject to abatement within three (3) years of the date of enactment of 9E Ordinance No. Page 5 this ordinance. 127.05. LOCATION During the term of this ordinance, no Sexually Oriented Businesses shall be located less than 500 feet from any residential zoning district boundary or site used for residential purposes, and less than 1, 000 feet from any church site, from any school site, or from any park which is adjacent to property zoned residential. In addition, no Sexually Oriented Business may be located within 1,000 feet of another Sexually Oriented Business. For purposes of this ordinance, this distance shall be a horizonal measurement from the nearest existing residential district boundary or site used for residential purposes, church site, school site, park site, or another Sexually Oriented Business site to the nearest boundary of the proposed Sexually Oriented Business site. 127.06. HOURS OF OPERATION No Sexually Oriented Business site shall be open to the public from the hours of 11:00 o'clock p.m. to 8:00 o'clock a.m. 127.07. OPERATION A. An establishment operating as a Sexually Oriented Business shall prevent off-site viewing of its merchandise by completely covering the windows and doors of its operation with an opaque covering. B. Al1 entrances to the business, with the exception of emergency fire exits which are not useable by patrons to enter the business, shall be visible from a public right- of-way. C. The layout of the display areas shall be designed so that the management of the establishment and any law enforcement personnel inside the store can observe all patrons while they have access to any merchandise offered for sale or viewing including but not limited to books, magazines, photographs, video tapes, or any other material. D. Illumination of the premises exterior shall be adequate to observe the location and activities of all persons on the exterior premises. 127.08. SIGNS Signs for Sexually Oriented Businesses shall comply with the City's sign ordinance, and in addition signs for Sexually Oriented Businesses shall not contain representational depictions of an 9F Ordinance No. Page 6 adult nature or graphic descriptions of the adult theme of the operation. 127.09. LICENSES All establishments, includinq any business operating at the time this ordinance becomes effective, operating or intending to operate Sexually Oriented Business, shall apply for and obtain a license with the City of Fridley. 1. Licenses Required. A. A person is in violation of the City Code if he operates a Sexually Oriented Business without a valid license, issued by the City. 8. An application for a license must be made on a form provided by the City. The application must be accompanied by a sketch or diagram showing the configuration of the premises, including a statement of total floor space occupied by the business. The sketch cr diagram need not be professionally prepared but must be drawn to a designated scale or drawn with marked dimensions of the interior of the premises to an accuracy of plus or minus six inches. C. The applicant must be qualified according to the provisions of this chapter and the premises must be inspected and found to be in compliance with the law by the health department, fire department, and building official. D. Application for license shall be made only on the forms provided by the City. Four (4) complete copies of the application shall be furnished to the office of the City Clerk containing the address and legal description of the property to be used; the names, addresses, phone numbers of the owner, lessee, if any, and the operator or manager; the name, address, and phone number of two persons, who shall be residents of Anoka County and who may be called upon to attest to the applicant's, manager's, or operator's character; whether the applicant, manager, or operator has ever been convicted or a crime or offense other than a traffic offense and, if so, complete and accurate information as to the time, place, and nature of such crime or offense including the disposition thereof; the names and addresses of all creditors of the applicant, owner, lessee, or manager insofar as and regarding credit which has been extended for the purposes of constructing, equipping, maintaining, operating, or furnishing o� acquirinq the premises, 9G Ordinance No. Page 7 personal effects, equipment, or anything incident to the establishment, maintenance and operation of the business. If the application is made on behalf of a corporation, joint business venture, partnership, or any legally constituted business association, it shall submit along with its application, accurate and complete business records showing the names and addresses of all individuals having an interest in the business, including partners, officers, owners, and creditors furnishing credit for the establishment, acquisition, maintenance, and furnishings of said business and, in the case of a corporation, the names and addresses of all officers, general managers, members of the board of directors as well as any creditors who have extended credit for the acquisition, maintenance, operation, or furnishing of the establishment including the purchase or acquisition of any items of personal property for use in said operation. All applicants shall furnish to the City, alonq with their applications, complete and accurate documentation establishing the interest of the applicant and any other person having an interest in the premises upon which the building is proposed to be located or the furnishings thereof, personal property thereof, or the operation or maintenance thereof. Documentation shall be in the form of a lease, deed, contract for deed, mortgage deed, mortgage credit arrangement, loan agreements, security agreements, and any other documents establishing the interest of the applicant or any other person in the operation, acquisition, or maintenance of the enterprise. 2. Issuance of License. A. The Public Safety Director shall recommend approval of the issuance of a license by the City to an applicant within 45 days after receipt of an application unless he finds one or more of the following to be true: (1) An applicant is under 18 years of age. (2) An applicant his payment fees, fines, imposed upo Business. or an applicant's spouse is overdue in to the City, County, or State of taxes, or penalties assessed against him or n him in relation to a Sexually Oriented (3) An applicant has failed to provide information reasonably necessary for issuance of the license or has falsely answered a question or request for information on the application form. �I, Ordinance No. Page 8 (4) An applicant or an applicant's spouse has been convicted of a violation of a provision of this chapter, other than the offense of operating a Sexually Oriented Business without a license, within two years immediately precedinq the application. The fact that a conviction is beinq appealed shall have no effect. (5) An applicant is residing with a person who has been denied a license by the City to operate a Sexually Oriented Business within the preceding 12 months, or residing with a person whose license to operate a Sexually Oriented Business has been revoked within the preceding 12 months. (6) The premises to be used for the Sexually Oriented Business have not been approved by the health department, fire department, and the buildinq official as being in compliance with applicable laws and ordinances; such inspections shall be completed within thirty (30) days from the date the application was submitted, provided that the application contains all of the information required by this ordinance. If the application is deficient, the inspections shall be completed within thirty (30) days .from the date the deficiency has been corrected. (7) The license fee required by this chapter has not been paid. (8) An applicant has been employed in a Sexually Oriented Business in a managerial capacity within the preceding 12 months and has demonstrated that he is unable to operate or manage a Sexually Oriented Business premises in a peaceful and law- abiding manner, thus necessitatinq action by law enforcement officers. (9) An applicant or an applicant's spouse has been convicted of a crime involving any of the following offenses: Any sex crimes as defined by Minnesota statutes 609.29 through 609.352 inclusive or as defined by any ordinance or statute in conformity therewith; Any obscenity crime is defined by Minnesota statutes 617.23 through 617.299 inclusive, or as defined by any ordinance or statute in conformity therewith; 91 Ordinance No. Page 9 for which: less than two years have elapsed since the date of conviction or the dat.e of release from confinement imposed for the conviction, whichever is the later date, if the conviction is of a misdemeanor offense; less than five years have elapsed since the date of the last conviction or the date of release from confinement for the conviction, whichever is the later date, if the conviction is a felony offense; or less than five years have elapsed since the date of the last conviction or the date of release from confinement for the last conviction, whichever is the later date, if the conviction are of two or more misdemeanor offenses or combination of misdemeanor offenses occurring within any 24 month period. B. The fact that a conviction is being appealed shall have no effect on the disqualification of the applicant or applicant's spouse. C. An applicant who has been convicted or whose spouse has been convicted of an offense listed in Subsection 127.09.02.(9) may qualify for a Sexually Oriented Business license only when the time period required by Subsection 127.09.02.(9) has elapsed. D. The license, if granted, shall state on its face the name of the person or persons to whom it is qranted, the expiration date, and the address of the Sexually Oriented Business. The license shall be posted in a conspicuous place at or near the entrance to the Sexually Oriented Business so that it may be easily read at any time. E. The City Council shall act to approve or disapprove the license application within 120 days from the date the application was submitted, provided that the application contains all of the information required by this ordinance. If the application is deficient, the Council shall act on the application within 120 days from the date that the deficiency has been corrected. F. Within 90 days after the decision by the Council, the applicant may appeal to the District Court by serving a notice upon the Mayor or Clerk of the Municipality. 9J Ordinance No. Page 10 3. Fees. An initial investigation fee of $400.00 shall be charged at the time the application is filed; no part of this fee shall be refundable. If after review of the application the license is approved, the license holder shall pay $400.00 for the initial license and $400.00 per annum each time the license is renewed. 4. Inspection. A. An applicant or license shall permit representatives of the police department, health department, fire department, and housinq and building inspection division, to inspect the premises of a Sexually Oriented Business for the purpose of ensuring compliance with the law, at any time it is occupied or open for business. B. A person who operates a Sexually Oriented Business or his agent or employee commits an offense if he refuses to permit a lawful inspection of the premises by a representative of the police department at any time it is occupied or open for business. C. The provisions of this section do not apply to areas of an adult motel which are currently being rented by a customer for use as a permanent or temporary habitation. 5. Expiration of License. A. Each license shall expire one year from the date of issuance and may be renewed only by making application as provided in Section 127.09.01. Application for renewal should be made at least 60 days before the expiration date, and when made less than 60 days before the expiration date, the expiration of the license will not be affected. B. When the City denies renewal of a license, the applicant shall not be issued a license for one year from the date of denial. If, subsequent to denial, the City finds that the basis for denial of the renewal license has been corrected or abated, the applicant may be granted a license if at least 90 days have elapsed since the date denial became final. 6. Suspension. The City may suspend a license for a period not to exceed 30 days if it determines that a licensee or an employee of a license has: A. Violated or is not in compliance with any provisions of 9K Ordinance No. Page 11 this chapter. B. Engaged in excessive use of alcoholic beverages while on the Sexually Oriented Business premises. C. Refused to alloW an inspection of the Sexually Oriented Business premises as authorized by this chapter. D. Knowingly permitted gambling by any person on the Sexually Oriented Business premises. E. Demonstrated inability to operate or manage a Sexually Oriented Business in a peaceful and law-abiding manner, thus necessitating action by law enforcement officers. A suspension by the City shall be proceeded by written notice to the licensee and a public hearing. The notice shall give at least 10 days notice of the time and place of the hearing and shall state the nature of the charges against the licensee. The notice may be served upon the licensee personally, or by leaving the same at the licensed business premises with the person in charge thereof. 7. Revocation. A. The City may revoke a license if a cause of suspension in section 127.09.6 occurs and the license has been suspended within the preceding 12 months. B. The City shall revoke a license if it determines that: (1) A licensee gave false or misleading information in the material submitted to the City during the application process; (2) A licensee or an employee has knowingly allowed possession, use, or sale of controlled substances on the premises; (3) A licensee or an employee has knowingly allowed prostitution on the premises; (4) A licensee or an employee knowingly operated the Sexually Oriented Business during a period of time when the licensee's license was suspended; (5) A licensee has been convicted of an offense listed in Section 127.09.02.A.(9� for which the time period required in Section 127.09.02.A.(9) has not elapsed; (6) On two or more occasions within a 12 month period, a person or persons committed an offense occurring Ordinance No. Page 12 C'L in or on the licensed premises of a crime listed in Section 127.09.02.A.(9) for which a conviction has been obtained, and the person or persons were employees of the Sexually Oriented Business at the time the offenses were committed. (7) A licensee�or an employee has knowingly allowed any act of sexual intercourse, sodomy, oral copulation or masturbation to occur in or on the licensed premises. (8) A licensee is delinquent in payment to the County or State for hotel occupancy taxes, ad valorem taxes, or sales taxes related to the Sexually Oriented Business. C. The fact that a conviction is being appealed shall have no effect on the revocation of the license. D. Subsequent B.(7) does not apply to adult motels as a ground for revoking the license unless the licensee or employee knowingly allowed the act of sexual intercourse, sodomy, oral copulation, masturbation, or sexual contact to occur in a public place or within public view. E. When the City revokes a license, the revocation shall continue for one year and the licensee shall not be issued a Sexually Oriented Business license for one year from the date revocation became effective. If, subsequent to revocation, the City finds that the basis for the revocation has been corrected or abated, the applicant may be granted a license if at least 90 days have elapsed since the date the revocation became effective. If the license was revoked under Subsection 127.09.07.B.(5) an applicant may not be granted another license until the appropriate number of years required under Section 127.09.02.A.(9) has elapsed. F. A revocation by the City shall be proceeded by written notice to the licensee and a public hearing. The notice shall give at least 10 days notice of the time and place of the hearing and shall state the nature of the charges against the licensee. The notice may be served upon the licensee personally, or by leaving the same at the licensed premises with the person in charge thereof 8. Transfer of License. A licensee shall not transfer this license to another, nor shall a licensee operate a Sexually Oriented Business under the authority of a license at any place other than the address desiqnated in the 9M Ordinance No. Page 13 application. 127.10. SEVERABILITY Every section, provision, or part of this ordinance or any permit issued to this ordinance.is declared severable from every other section, provision, or part thereof to the extent that if any section, provision, or part of this ordinance or any permit issued pursuant to this ordinance shall be held invalid by a court of competent jurisdiction it shall not invalidate any other section, provision, or part thereof. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF , 1991. WILLIAM J. NEE - MAYOR ATTEST: SHIRLEY A. HAAPALA - CITY CLERK Public Hearing: February 11, 1991 First Reading: Second Reading: Publication: r � _ J 10 Community Development Department G DIVISION � City of Fridley DATE : February 7 , 1991 � � � TO: William Burns, City Manaqer �1�� " FROM: SUBJECT: Barbara Dacy, Community Development Director First Reading of an Ordinance Amendment to Permit Sexually Oriented Businesses in Certain Commercial and Industrial Districts Attached is the ordinance amendment for the C-2 and C-3 commercial districts to permit sexually oriented businesses as a permitted use, and in the M-1 and M-2 industrial districts as a special use permit. The Planning Commission recommended approval of the ordinance amendment. Staff recommends the City Council approve the ordinance for first reading. BD/dn M-91-87 10A ORDINANCE NO. ORDINANCE RECODIFYING SECTION 205 OF THE FRIDLEY CITY CODE ENTITLED "ZONING" BY AMENDING SECTIONS 205.14.O1.A, 205.15.O1.A, 205.17.O1.C, AND 205.18.OI.0 The Council of the City of Fridley does hereby ordain as follows: 205.14 C-2 General Business District Regulations 1. Uses Permitted A. Principal Uses. 17 Sexuallv oriented businesses as _defined and regulated in Chapter 127 of the Fridlev Citv_Code. 205.15 C-3 General Shopping Center District Regulations A. Principal Uses. jcl Sexually oriented businesses as defined and �equlated in Chatiter 127 of the Fridlev Citv Code. 205.17 M-1 Light Industrial District Regulations 1. Uses Penaitted C. Uses Permitted With A Special Use Permit. 12 Sexually oriented businesses was defined and - - - — - - --- �� --- ... }., n.,,ae J✓Yi1M il a.� ra ��_ ____ _ _ commercial uses as stated in Section �n5_i7.oi,C.(3?. 205.18 M-2 Heavy Industrial District Requlations 1. Uses Permitted C. Uses Permitted With A Special Use Permit. 13 � ..�.......� SexuallY oriented businesses in multi-tenant 205.18.O1.C.�3). Ordinance No. Page 2 PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF , 1991. WILLIAM J. NEE - MAYOR ATTEST: SHIRLEY A. HAAPALA - CITY CLERK Public Hearing: February 11, 1991 First Reading: Second Reading: Publication: � • t�, o � f` ,� � t�� . d'�,� r: ^� . � POLICE DEPARTM ENT City of Fridisy M innssote DATE JANUARY 30, 1991 fROM PUBLIC SAFETY DIRECTOR, J.P.H SUBJECT PROPOSED AMENDMENT TO SAUNAS AND MASSAGE ORDINANCE �., � � .� � -:. MEMORANDUM TO . • BILL BURNS A �� 11 ACTION INFO X Enclosed is an ordinance for first reading recodifying the Fridley City Code, Chapter 125, entitled "Saunas and Massage Parlors," by amending section 125.09.06. During discussions by the City Attorney, City Prosecutor, and myself relating to the drafting of the proposed sexually oriented business ordinance, we concluded it would be better to amend our extensive saunas and massage parlor ordinance rather than attempt to combine it with the sexually oriented businesses ordinance. The proposed amendment will achieve our objective of placing the same location restrictions on saunas and massage parlors as being proposed in the new sexually oriented business ordinance. JPH/sa 11A ORDINANC$ NO. AN ORDINANCE RECODIFYING T8E FRIDLEY CITY CODE, CHAPTER 125� BNTITLED ��SAIINAS AND MASSA(3E PARLORS", BY AMENDING SECTION 125.09.06 The City Council of the City of Fridley hereby ordains as follows: 125.09. CONDITIONS GOVERNING ISSUANCE OF LICENSE 6. Licenses may be granted only for locations �� e ^°�_ ^^^��g se��e� ��st��ets�C=�S}—e€ }'�° ^'}�' - Defined in the Fridley City Code Chapter 127 entitled "Sexuallv Oriented Businesses" under Section 127.05 " Locations." PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF , 1991. ATTEST: SHIRLEY A. HAAPALA - CITY CLERK First Reading: Second Reading Publication: WILLIAM J. NEE - MAYOR , � _ � Community Development Department PLANNIlVG DIVISION City of Fridley DATE : February 7, 1991 �� r TO: William Burns, City Manager�� FROM: Barbara Dacy, Community Development Director Lisa Campbel�'iPlanning Associate SUBJECT: Establish Public Hearing for February 25, 1991 for 1991 Community Development Block Grants February 28, 1991 is the Anoka County deadline for submission of the 1991 Community Development Block Grant Application. At the February 11, 1991 City Council meeting, we will be requesting the City Council establish a public hearing for February 25, 1991. At this time, the proposed 1991 allocation is at $104,291, which was the same as 1990. The Department of Housing and Urban Development has approved 1991 funding based on the 1990 allocations; changes may still occur. For planning purposes, the County has directed its 21 communities to use last years' funding level. We will propose that $70,000 be committed to the Riverview Heights project, and $33,291 be committed to Human Services. Anoka County continues to require $1,000 be allocated for its administrative services. Only one property remains to be acquired in the Riverview Heights project. We will need to borrow CDBG funds from other communities in order to complete acquisition of the remaining property. More information will be provided at the February 25, 1991 meeting. The Human Resources Commission will review this proposal on February 7, 1991 and the Planning Commission reviewed this proposal on February 6, 1991. The Planning Commission approved the proposed allocated. Approval from the Human Resources Commission is likely. Staff Reguest Staff requests that the City Council establish February 25, 1991 as the public hearing date for the 1991 Community Development Block Grant funding request. LC/dn M-91-91 IEngineering Sewer 'Wa�er Parks Sireets Main�enance MEMORANDUM �� TO: William W. Burns, City Manager A PW91-36 i Q�� FROM: John G. F1ora,�Public Works Director DATB: February 5, 1991 SIIHJBCT: Receive and Award Bid for One (1) Trailer-Mounted Robotic Sewer Rodder Machine 13 The bid opening for the Trailer-Mounted Robotic Sewer Rodder Machine was Wednesday, January 30, 1991, at 11:00 a.m. The rodder machine was advertised for three (3) weeks and two (2) equipment companies requested and received specifications for bid proposals. We received and opened one (1) bid from Flexible Pipe tool Company (See attached Bid Tabulation Form). The bid, less trade-in of the existing machine, was $19,250.00. The 1991 Sanitary Sewer Capital Outlay Budget identified $21,000.00 for the rodder machine. Recommend the City Council receive the bid and award the contract to Flexible Pipe Tool Company for a SRECO Flexible Rodder Machine for $19,250.00. If you need additional information, please let me know. JGF/BN/ts Attachment / � FRI�LFY „ ....:, -.�. `� �C 1r'�� :�1• • h • �!: • _1:r"I:�I• • �� '�1• �� :/� �: _IJ1� is:1�•. i�l. y � 1 1 : ,/ �.� � /,�� ' � � �' � �� `� � /� � � V' � 1� Flexible Pipe �ool P.O. Hooc 164 Sauk QerYter, I�i 56378 0 5$ �$20,900.00�$1,650.00 � $I9,250.00 � • : r� 13A THE MACH/NE W1TH A M1ND OF ITS OWN! Programmed in much the same manner as the most sophisticated computer systems, SRECO/Flexible Robotic� Sewer Rodders utilize a"memory" to rid your tines of troublesome roots and debris to provide the answer for safe, automatic operation. The result is longer rod and tool Iife with less possibility of damage to equip- ment or injury to operating personnel. THUCK MOUNTED Seren modals with ssctional or continuous steel rod. TRAILER MOUNTED Choice of six models with sectional or continuous rod. Select a unit to suit your individual capacity and perfor- mance specifications, then include the designation "RSR" which identifies Robotic° Sewer Rodders. IYs your assurance that you'll get the finest machine on the market, plus the revolutionary, new automafic feature. IYs another SRECO/Flexible exclusive! Someday, all rodding machines wiil be similarly equipped, because iYs that important to safer, more productive and more economical operation. ,. _ �. ,.: s.,. . _ ; � . . . . Adjustable to compensate for the condition of the line and the choice of tool to be used, Robotic• Rodders per- mit the selection of a wide range of performance characteristics to sult the individual situation. Until you see one in operation and watch it work, you'll find it hard to believe how simple it is to remove time- and money- wasting stoppages. Almost without attention, it wades into heavy accumulations of roots and debris, reducing it to a shredded mass that washes harmlessly down the pipe. No other machine does it with more authority! "Set it and forget it" for 1.i smooth effortless cleaning! The two key-locking dials pictured at the bottom of the illustration below, set for pre-determined rod pressures, rod travel speed and direction, and distance of rod and tool retraction, control the full operation of atl new SRECO/Flexible Roboticm Sewer Rodders. The padlocked cover prevents tampering and unauthorized setting changes. Manual controls are provided to enable operato� to overpower the automatic mechanism should it become necessary. While the Robotic• feature is relatively simple in design and performance, we regret that it cannot be retrafitted to machines on a field-modification basis. It can, however, be applied on pr(or order to machines returned to the factory for scheduled maintenance or service. In- tended primarity for selected models of new Trailer or Truck-Mounted machines, and for use with either con- tinuous or sectional steel rods, it is offered as optional equipment at additional charge. Ask your SRECOIFIexi- ble Distributor for details and an on-site demonstration. Over SO years of knowledge and experience in solving the problems of the sewer cleaning industry. � � ^_ e P.O. Box 2957 Culver City, CA 90231 2131822-9767 WATS 800/421-6536 (Except Calif.) t J` Sewer Rodding Equipment Co. ,�, � � \. ♦ � � This foider covers just one version of the equipment availabie. See our catalog for other types and configurations to suit your method of application and for additional information on specially-designed tools and accessory items. 2055i5M 6/85 litho. in U.S.A. Engineering Sewer Wa�er Parks Streets Mainienance MEMORANDUM �- TOs William W. Burns, City Manager�� PW91-37 FROM: John G. F1ora,�Public Works Director DATE: BIIBJBCT: February 6, 1991 Receive and Award Contract for Repair of Well Nos. 1, 4, and 9 Project No. 215 14 The bid opening for Well Nos. 1, 4, and 9j Project No. 215�was Thursday, January 31, 1991, at 11:00 a.m. The three (3) well repair projects were advertised for three (3) weeks and seven (7) companies requested and received specifications for bid proposals. We received and opened five (5) bids for each well project. (See attached Bid Tabulation Form). Mark Traut Wells, Inc. was the low bid at $21, 237. 00 for Well No. 1 and $20, 734. 00 for Well No. 4. Layne Minnesota was the low bid for Well No. 9 for $8,836.50. The 1991 Water Capital Improvement Budget identified $60,000.00 for repair of these three (3) wells. Recommend the City Council receive the bids and award the contracts to Mark Traut Wells for Well Nos. 1 and 4 and receive the bids and award the contract to Layne Minnesota for Well No. 9. If you need additional information, please let me know. JGF/BN/ts Attachments �, . • BID PROP08AL8 FOR REPAIR OF IIELL NO. 1 PROJ$CT NO. 215 THIIRSDAY, Jl�NQARY 31, 1991, 11:00 ]1.1[. BID TOTAL COMPANY BOND BID COMI4ENTS Mark Traut Wells 151 - 72nd Ave. St. Cloud, l�i 56301 Layne Minnesota 3147 California Minneapolis, I�IIJ 55418 E.H. Renner 15688 Jarvis Elk River, I�IIJ 55330 Keys Well Drilling 413 N. Lexington St. Paul, IrIlJ 55104 Bergerson-Caswell 5155 Industrial Maple Plain, MN 55359 The Prest 4904 Lincoln Drive Edina, 1�T 55435 Thein Well Co. P.O. Box 429 Clara City, MN 56222 5$ Check 5$ 5$ 5$ NO BID NO BID $21,237.00 $21,676.00 $24,038.00 $24,303.00 $25,034.14 14A BID PROPOSALB FOR RBPAIR OF 11ELL NO. ! PROJECT NO. 215 TBIIRSDAY, JANOARY 31, 1991, 11s00 A.M. BID TOTAL COMPANY BOND BID COMMENTS Mark Traut Wells 151 - 72nd Ave. St. Cloud, MN 56301 Layne Minnesota 3147 California Minneapolis, NIIJ 55418 Keys Well Drilling 413 N. Lexington St. Paul, MN 55104 E.H. Renner 15688 Jarvis Elk River, MN 55330 Bergerson-Caswell 5155 Industrial Maple Plain, MN 55359 The Prest 4904 Lincoln Drive Edina, MN 55435 Thein Well Co. P.O. Box 429 Clara City, MN 56222 5$ Check 5� 5$ 5$ NO BID NO BID $20,734.00 $21,300.00 $24,489.00 $25,960.00 $32,098.21 � � BID PROPOSALS FOR REPAIR OF WFLL NO. 9 PROJ$CT NO. 215 THIIRBDAY, JANIIARY 31, 1991, 11:00 �.M. BID TOTAL COMPANY BOND BID COMMENTS Layne Minnesota 3147 California Minneapolis, NIId 55418 Mark Traut Wells 151 - 72nd Ave. St. Cloud, MN 56301 E.H. Renner 15688 Jarvis Elk River, rIIJ 55330 Bergerson-Caswell 5155 Industrial Maple Plain, MN 55359 Keys Well Drilling 413 N. Lexington St . Paul , 1rIIJ 55104 The Prest 4904 Lincoln Drive Edina, MN 55435 Thein Well Co. P.O. Box 429 Clara City, MN 56222 Check 5$ 5$ 5$ 5$ NO BID NO BID $ 8,836.50 $ 9,776.00 $10,392.00 $11,352.00 $12,333.00 14C I � i � � ----r---r--------�—'_ T �'�' ��: STREET MAP - ClTY OF .. . . i: ::,; ,�, ,. ��..:._I�, :;'' ,� �'' _ ti:�;:':�;: ;�� i FRIDLEY ., � �,.;�:. �� ; -- , _. Y+�� ` � ' V' � INTERMEDI ' � !-�i�•. � * '� - �: yi+,y45: i � 3 Z`�,,,''�� C �' .. °�' � �� '� � ��,,d�!f �,.. '� :4 _;..L11u�J1� ��-.. — �^ �".i ` � _�.1'Y—�_!''� � �' � � � � Js! �-,.. �,.,: ��'jj ��f� / �� t; !!t-�t� 4 � it�i �I�'_'l�� r _ �� j �' .i i � `'� OSTER " - �'�` `�' " . WELL # 12 BO -�� • : � • �1. -.�;,� _ _� .. .:, ¢. � �� ; _ , --. � ; N � � �, — �!�:�J � r i ` �� " t� � � r�:=L_ — w ==` E � I �� + � � . � --� : ` _ WELL � 12 � � � ':l�. " II � � � �. ' r �� . ' i • �L ` � s -��L'�-:;a'�-�`v ' .��L4.S 10� �i ; "' �T! .. —�11 � � ' _ �" I �;,.-�, '�� `- LOCKE PARK � �; — • 1 _. � � �� ,'=_'�'�`� i' .ION PLA �,-�� t � - 4' Y :�'-�sa'1: � L �t ��; �a . • � ,�. � `? `_7,wf�� , �� ` �1 _ '/ �f ` ,` ` l _ � +:', •"�r'. < �4J •� F �^ ' � .L� �� ' �'`� 1 • '� I r:'` =r�. t " � � ; r •".'�.�. f �1 •� r h •T! 1�1'� I �� ' .�,y _ . I j ;.::�. _ 1 '�e�e r=� �.. �. _ `'��.I Q_ � I: � �': ..L��:sc�t � J� •"��, •1� III I . I�=I' • 1 ti '��_s � ' �� y � '-� -�t , ' i � I� � � YSTEM i , '` � c� ' : � IC'� � _ ;. � � _ •..� LOW S 1,' � (� �91. ��: -� �---�- �► ' ,; � ��3 � � � - .,;�... �::�-� I �. 63RD AV��- . :��' I �B � � �'_ �,�" r — — BOOSTER , . ' �:< < . , : : = .��': _.�.- �� . " ' "•�• • ��', � COMMONS :PP�RK� �.�� ;�.^t� � ; I � — � —�:_ ,..�,._ - r� . �; � 1 � __ TREATMENT PLAhf'�` ,.Y�/.,.� ; � . r� • n. ,(iifN� � N i��-_ ��,�..� �� .� j,. �,�:� I �� .-. �. �¢ : .. T1JEr,lJlrt�l i�'n r'-�� /.a� � I ;��;: �,t'=!:t �: _ .:: `��. r- ne;.:. : � � � -• MARION HILLS BOOSTER STATION " " � �N. � �� -- Il� ---_-�— , .�',' 9 �� . . � � —� '� � '`:� ' � . .: - - �. _ '��,�`: t W ELL # 1 BOOSTER t� � t � ��a±g iC- q i I' i a'� � r R J R �; =_- , , ,�_ ,�� tc�,<_ _ i �'' �I _ - � � � �� " �` -� I = � ° `"� � �- � r LEGEND � � j i•WELL#1 = � i- HI �, � � � "� � � �� l � ~ p GROUND STORAGE � ��'•` � � { '=�� -- � J�i � �� ! �� :- • ELEVATED TANK — _ ,.,, . i i ? �' : � � � �� . � � BOOSTER PUMP � � � :��:; ::� ! � � I `:a'' � WELL � � j? Y � . I =�� '', �: i � �•�L �: � :::�:�1 � �° - I,.. �� _ .� o FILTRATION PLANT � :c: �°�'; � ' -If ' � �.s■�■�■ SYSTEM SPLiT II � � , f .. ! . FIGURE 7 L �•ti , � -- � � _"""> — � � SYSTEM 1 . ■ SYSTEM 1 � � � _ __� DATE: TO: FROM: • rtmen� 5 Community Development Depa G DIVISION City of Fridley January 24, 1991 Q • William Burns, City Manaqer ."'/v � Barbara Dacy,,Community Development Director Lisa Campbel„' Planning Associate BIIBJECT: Consideration of Resolution Requestinq the County Establish a Reliable Funding Source for Municipal Solid Waste Abatement Activities As you know, the 1991 Anoka County Fundinq Proposal for Solid Waste Abatement Activities has chanqed four times since November 31, 1990. The final funding proposal fs only for six months and is $41,216.50. Staff believes the County's heavy reliance on external funding sources and the failure of the Refuse Derived Fuel Plant to generate the anticipated level of revenue is the cause of the year- to-year uncertainty in County solid waste funding. The County is also unwilling to pass throug'� S.C.O.R.E. funds before it zeceives the funds from the State of Minnesota. Staff believes and agrees with the County that S.C.O.R.E. funds must be protected, but we are also concerned about the County's reliance on S.C.O.R.E. funds to fund its communities and lack of a reliable County fund source for municipal solid waste abatement programming. Because of the County's efforts to establish its own reliable revenue source, it is unable to provide cities with the information they need to budget their Bolid waste activities. The City Council recently established a reliable source of revenue, the SWAP Fee, to support a portion of the City's state mandated programs. This fee was implemented with strong support from the County. This revenue, however, will not cover all of the City's program costs. Staff believes it is responsible for the Council to request that the County do the same. Staff Recommendation Staff, along with the Environmental Quality and Energy Commission, recommends that the Council approve a resolution requestinq that the County establish a reliable fundinq source for municipal solid waste abatement programminq. LC:ls M-91-50 15A BESOLUTION �i0. - 1991 REBOLQTION REQIIBBTINa TH8 CODNTY OF ANOICA EBTABLIBS ]1 RELIABLE lIINDIldG BOIIRCE FOR 1[IINICIPAL BOLID �BT$ 71B]1TEMBNT 7►CTIVITI88 WiiEREAS, the City of Fridley, in 1985, implemented a comprehensive residential recycling proqram including curbside collection, a drop-off site for recyclables, a yard waste transfer site, and office paper recycling; and WHEREAS, the City of Fridley has abated roughly 5,200 tons since 1985; and WHEREAS, S.C.O.R.E. legislation passed in 1989 requires that the Metropolitan Counties meet a 35$ abatement goal by 1994; and WHEREAS, the burden of this 35$ goal will fall to Anoka County's 21 communities; and WHEREAS, the City of Fridley has recently acted to establish a fee for its solid waste abatement programming; and WHEREAS, the S.C.O.R.E. funds are a tentative unreliable source of budget revenue; and . WHEREAS, the S.C.O.R.E. funds are released twice a year; and WHEREAS, the manner in which the S.C.O.R.E. funds are released and the County's reliance on the S.C.O.R.E. funds makes budgeting for solid waste programming at the municipal level difficult; and WHEREAS, the Refuse Derived Fuel Plant at Elk River is not generating the anticipated level of revenue; NOW, THEREFORE, BE IT RESOLVED, that the City of Fridley requests that Anoka County act to establish its own reliable annual funding source in order to meet the funding needs to the cities of Anoka County who play a critical role in assisting the County in meeting its 35$, S.C.O.R.E. mandated, 1994 abatement goal. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF 1991. ATTEST: SHIRLEY HAAPALA - CITY CLERK WILLIAM J. NEE - MAYOR 16 CITY OF FRIDLEY K B M O R A� D Q M TO: WILLIAM W. BIIRNB, CITY MANAGER �r�� FROM: RICHARD D. PRIBYL, FINANCE DIRECTOR BIIBJECT: MODIFICATIONS TO TH8 1990 BIIDGET DATE: FEBRDARY 4, 1991 Attached you will find a resolution amending appropriations to the 1990 budget in accordance with the City Charter. The adjustments listed have arisen as a result of donations, unforseen expenditures and items budgeted in the incorrect categories. All adjustments have been informally approved by you through the Budget Reappropriation Form. We request that Council approve the amendment of the attached budgets. 16A RESOLIITION -1991 A REBOLIITION AIITHORIZING CHANGES IN APPROPRIATIONS FOR THE GENERAL FIIND AND THE CAPITAL IMPROVEMENT FIIND FOR THE YEAR 1990 WHEREAS, the City of Fridley has received donations from various organizations; and , WHEREAS, the City of Fridley has involved itself in initiatives that provide for charges and modifications that will provide for a better delivery of service; and WHEREAS, the City of Fridley had not incorporated these and other necessary changes into the adopted budget for 1990. NOW THEREFORE BE IT RESOLVED that the City Council of the City of Fridley authorizes the budgets of the following divisions and funds be amended as follows: REVENUE ADJUSTMENTS Misc. Rev. - Donations Misc. Rev. - Donations Misc. Rev. - Donations Misc. Rev. - Donations Fund Balance/Encumb. GENERAL FUND Police - Supplies Recreation - Supplies Recreation - Charges Recreation - Capital Outlay POST Reimbursement APPROPRIATION ADJUSTMENTS Elect+ons Charges for Services Police Supplies Supplies Supplies Supplies Supplies Supplies Supplies Other Financing Uses Civil Defense Supplies Capital Outlay $8,400 $1,100 $250 $558 $6,888 $17,196 $7,023 Judges Salaries $50 DARE Program $2,250 DARE Program $2,000 DARE Program $100 Police Department Open House $200 DARE Program $300 Crime Prevention Program $3,500 DARE Program $5,948 Transfer to Capital Improvement Fund $871 Radio Remotes ($871) Move to Supplies Municipal Center Charges for Services $2,503 Directional Sign Plan Charges for Services $940 Gas Piping for Firearms Range Recreation Emergency Reserve Supplies Supplies Charges for Services Supplies Capital Outlay Charges for Services Capital Outlay a1,100 ($2,500) $2,500 ($560) $560 $250 $558 ($2,503) ($7,023) a17.196 CAPITAL IMPROVEMENT FUND REVENUE ADJUSTMENTS Other Financing Sources General - Capital Outlay $5,948 55,948 APPROPRIATION ADJUSTMENTS General Capital Capital Outlay Capital Outlay Emergency Reserve � • Goal Posts Move to Charges for Services Park System Guide Move to Capital Outlay Concession Stand Improvements "Brunch with Santa" Program Tile Floor at Concession Stand Move to Municipal Center Move to Elections $1,469 Carpet for Fire Department $5,948 Firearms Training Range ($1,469) Move to General Capital $5,948 PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF , 1991. WILLIAM J. NEE - MAYOR ATTEST: SHIRLEY A. HAAPALA - CITY CLERK _ � GTYOf FRtDLEY MEMORANDUM Municipsl Csnt�r "1 7 6431 University Avenus N.E. Offlce of the City Manager Fridley, MN 55432 William W. Burns , (612) 571-3450 TO: The Honorable Mayor and City Counc� FROM: William W. Burns, City Manager �� DATS: February 8, 1991 BIIB.TSCT: Fiscal Disparities Pool At the last Council meeting, I was asked to prepare a resolution opposing Hennepin County�s proposal for capping the State�s fiscal disparities pool at 1991 levels. I have prepared the attached resolution and table that displays the financial return to the City of Fridley under the current law and under the Hennepin County proposal. originally I reported to you that the City of Fridley would benefit more by the Hennepin County proposal than by the current law. At a meeting I attended on February 1, 1991, with Bill Barnhart from Minneapolis, and other members of the North Metro Mayors Association, a new printout was distributed that had an entirely different set of numbers. At this point, I am not able to totally explain the change, other than to say that Mr. Barnhart was convinced that the projections for the current law that he had passed out at an earlier meetinq were incorrect. With the new proj ections, it seems very clear that we have much more to gain from the current law than we do from the Hennepin County proposal. Therefore, we have much more financial reason to support the resolution than we thought previously. On the other hand, perhaps the chanqed numbers do serve to tarnish our magnanimity. Staff recommends that we cooperate with the other cities in the North Metro Mayors Association by approving the attached resolution. Incidentally, the Board of the North Metro Mayors Association did approve a much longer resolution at their February 6, 1991, meeting. WWB:rsc �ISCAL DISPARITI88 4�lIId OR L088 TO FRZDLBY Current LaM 1991 (862,663) 1992 (431,535) 1993 1994 1995 1996 1997 1998 89,275 696,645 1,385,667 2,163,497 3,023,774 3,940,257 Henne�in Countv Proposai (862,663) (380,266) 69,517 481,673 855,928 1,200,087 1,513,854 1,�93,777 17A 17B it880LDTIO�T �TO. - 1991 it880LOTIO�T TO TSE l[I�TIi880T11 BT]►TE LBGISLATIIRE OPPOSI�IG TSE C71PPIiia O? THE ?ISCAL DZBB�ITZBB POOL !lT 1991 LEVELB WHEREAS, the Minneapolis-St. Paul metropolitan area has eince 1971 provided for the sharing of commercial and industrial property tax revenue; and � WHEREAS, this program has served to reduce fiscal inequalities amonq the cities of the metropolitan area; and WHEREAS, curtailment of fiscal disparities distribution would worsen the inequities created by the withdrawal of etate aid to municipalities; and WHEREAS, the City of Fridley recognizes the value of inetropolitan area cooperation and wishes to cooperate with other communities of the Minneapolis-St. Paul metropolitan area; and WHEREAS, the City of Fridley recognizes the contribution of fiscal disparities toward the preservation of quality governmental services among the jurisdictions in the Minneapolis-St. Paul metropolitan areas. NOW, THEREFORE, BE IT RESOLVED that the City of Fridley and its City Council formally oppose the capping of the fiscal disparities pool at Z991 levels as proposed by Hennepin County, Minnesota, and do hereby request that the Leqislature of the State of Minnesota do likewise. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF FEBRUARY, 1991. WILLIAM J. NEE - MAYOR ATTEST: SHIRLEY A. HAAPALA - CITY CLERK