07/13/1998 - 00000258THE MINUTES OF THE REGULAR MEETING OF THE FRIDLEY CITY COUNCIL
OF JULY 13, 1998
The Regular Meeting of the Fridley City Council was called to order by Mayor Jorgenson at
7:30 p.m.
PLEDGE OF ALLEGIANCE:
Mayor Jorgenson led the Council and audience in the Pledge of Allegiance to the Flag.
ROLL CALL:
MEMBERS PRESENT: Mayor Jorgenson, Councilman Barnette, Councilman Billings,
Councilman Schneider and Councilwoman Bolkcom.
MENIBERS ABSENT: None
PROCLAMATION:
Mayor Jorgenson read a proclamation designating Tuesday, August 4, 1998 as National Night
Out in the City of Fridley. Three residents representing the National Night Out Advisory Board
were present to accept the proclamation and to provided Council with National Night Out
T-shirts. The Board invited residents and the City Council to join them in the event. Registration
forms can be obtained by calling 572-3638.
APPROVAL OF MINUTES:
COLJNCIL MEETING - June 22, 1998:
MOTION by Councilmember Schneider to approve the minutes of the 7une 22, 1998 City Council
meeting as presented. Seconded by Councilmember Barnette. UPON A VOICE VOTE, all
voting aye, Mayor 7orgenson declared the motion carried unanimously.
APPROVAL OF PROPOSED CONSENT AGENDA:
NEW BUSINESS:
1. RECEIVE PETITION NO. 3-1998 FROM RESIDENTS ON RICE CREEK
BOULEVARD FOR A CANADA GOOSE CAPTURE AND REMOVAL PROGRAM
AND CONSIDER VARIANCE REQUEST (WARD 3):
Mr. Burns, City Manager, stated that residents from the 200 block of Rice Creek Boulevard
are seeking a variance from an ordinance that forbids the trapping of birds and wild animals.
They would like to hire the University of Minnesota Department of Fisheries and Wildlife to
CITY COUNCIL MEETING OF JULY 13, 1998 PAGE 2
round up and remove geese from their backyards during the ne�t week Residents will
cover the entire cost for the removal.
RECEIVED PETITION NO. 3-1998 FROM RESIDENTS ON RICE CREEK
BOULEVARD FOR A CANADA GOOSE CAPTURE AND REMOVAL PROGRAM
AND APPROVED THE VARIANCE REQUEST.
2. RECEIVE PETITION NO. 4-1998 FROM RESIDENTS FOR THE MAINTENANCE
OF THE SECONDARY POND WHICH RECEIVES WATER FROM HIGHLAND
LAKE (WARD 2):
3.
4
Mr. Burns, City Manager, explained that residents have asked that they be reimbursed for
work done in May as well as for similar work in future years. This petition will be
forwarded to the Rice Creek Watershed District.
RECEIVED PETITION NO. 4-1998 FROM RESIDENTS FOR THE
MAINTENANCE OF THE SECONDARY POND WHICH RECEIVES WATER
FROM HIGHLAND LAKE.
RECEIVE THE MINUTES OF THE PLANNING COMMISSION MEETING OF
JUNE 17, 1998:
THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA AND PLACED
ON THE REGULAR AGENDA, IMMEDIATELY FOLLOWING ITEM 16.
RESOLUTION NO. 46-1998 REQUESTING MUNICIPAL STATE AID SYSTEM
CONSTRUCTION FUNDS FOR OTHER LOCAL USE:
Mr. Burns, City Manager, explained that the requested funds would be used for the
reimbursement of costs for work done on Hackmann Avenue and Hackmann Circle.
ADOPTED RESOLUTION NO. 46-1998, REQUESTING MUNICIPAL STATE AID
SYSTEM CONSTRUCTION FUNDS FOR OTHER LOCAL USE.
5. APPROVE JOINT POWERS AGREEMENT BETWEEN THE CITY OF FRIDLEY
AND THE COUNTY OF ANOKA FOR CENTRAL AVENUE IMPROVEMENT
PROJECT NO. ST. 1998-4:
Mr. Burns, City Manager, stated that the agreement provides that the City pay an estimated
$594,437.76 as its share of an estimated $2,261,862.76 total project cost. The component
parts of the City's share are as follows:
a) Water and sewer adjustments
b) Storm sewer
c) Concrete curb and gutter
d) Bikeway
e) Internally lit street name signs
� Engineering
$ 45.562.72
$393,385.51
$ 15,409.30
$ 79,292.80
$ 16,755.00
$ 44,032.43
CITY COUNCIL MEETING OF JULY 13, 1998 PAGE 3
Mr. Burns stated that the City intends to use off-system Municipal State Aid funds to pay
for the improvements. It also intends to assess for concrete curb and gutter at the rate of
$11.00 per front foot.
THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA AND PLACED
ON THE REGULAR AGENDA BEFORE ITEM NO. 17.
6. RECEIVE BIDS AND AWARD CONTRACT FOR BITUMINOUS WALKWAY
SLURRY SEAL PROJECT NO. ST. 1998-11:
Mr. Burns, City Manager, stated that staff is recommending that Council approve the
expenditure of $16,083.60 for slurry sealing the City's bituminous bikeways. The City
expects that off-system Municipal State Aid funds can be used to cover most of the cost.
Additionally, the City expects to use Housing and Redevelopment Authority (HRA) funds
to cover that portion of the costs attributable to the Fridley Executive Park site.
Councilmember Barnette noted that a revised Joint Powers Agreement had been distributed
to Councilmembers to replace the one in the agenda book for Item 5. He asked that Item 5
be removed from the consent agenda so that Mr. Flora could discuss the changes made to
the initial agreement.
RECEIVED BIDS AND AWARDED CONTRACT FOR BITUMINOUS
WALKWAY SLURRY SEAL PROJECT NO. ST. 1998-11 TO STRUCK & ERWIN
PAVING, INC. IN THE AMOUNT OF $16,083.60.
7. RESOLUTION 47-1998 DESIGNATING AUTHORIZED PERSON TO EXECUTE
SUB-GRANT AGREEMENTS:
Mr. Burns, City Manager, stated this resolution would designate the Public Safety Director
to execute sub-grant agreements. The authorization is specific to the City's application for
FEMA reimbursement for storm damage that occurred between May 15 and May 30, 1998.
ADOPTED RESOLUTION NO. 47-1998.
8. APPROVE STAFF RECOMMENDATION FOR THE PROPERTY LOCATED AT
6028 CENTRAL AVENUE N.E. (WARD 2):
Mr. Burns, City Manager, explained that the City officially acquired property located at
6028 Central Avenue on June 30, 1998. In view of the fact that rental of the property
would require considerable work and expense, staff recommended that the property be used
for a fire training exercise and then demolished. After the property has been cleared, the
City would propose to leave it as a natural wooded area within the confines of Moore Lake
Park.
APPROVED STAFF RECOMMENDATION OF DEMOLITION OF THE
PROPERTY LOCATED AT 6028 CENTRAL AVENUE N.E.
CITY COUNCIL MEETING OF JULY 13, 1998 PAGE 4
9. APPOINTMENT: CITY EMPLOYEES:
Mr. Burns explained that staff recommended the appointment of two individuals to positions
with the City. Sara Hill is being recommended for appointment to the position of Human
Resources Manager. She is a graduate of the University of Wisconsin, and most recently
has been employed as Human Resources Director by Century Bank in Eden Prairie. She
was also employed as an employment/benefits manager for the Four Seasons Hotels and
Resorts in Houston, Texas. She is one of 51 applicants for the position and the successful
applicant from among the seven candidates that were interviewed.
William Champa was being recommended for appointment to the position of Management
Assistant. He has degrees from the University of North Dakota and the University of St.
Thomas. He has been employed by the City of Fridley as City Clerk for the past five years.
Prior to that Bill worked for the City as Records Information Specialist. Bill was one of 63
applicants for the position and was the successful applicant from among the five candidates
that were interviewed.
APPROVED THE APPOINTMENTS OF SARA HILL TO THE POSITION OF
HUMAN RESOURCES MANAGER AND WILLIAM CHAMPA TO THE
POSITION OF MANAGEMENT ASSISTANT.
10. CLAIMS:
APPROVED THE PAYMENT OF CLAIM NOS. 81404-81796.
11. LICENSES:
APPROVED THE LICENSES AS SUBMITTED AND AS ON FILE IN THE
LICENSE CLERK'S OFFICE.
12. ESTIMATES:
APPROVED THE ESTIMATES AS FOLLOWS:
Frederic W. Knaak, Esq.
Holstad and Larson, PLC
3535 Vadnais Center Drive
St. Paul, MN 55110
Services Rendered as City Attorney
for the Month of June 1998 $ 4,250.00
CITY COUNCIL MEETING OF JULY 13, 1998 PAGE 5
Newquist & Ekstrum, Chartered
301 Fridley Plaza Office Building
6401 University Avenue N.E.
Fridley, MN 55432
Services Rendered as City Prosecuting
Attorney for the Month of April 1998
Diversified Paving, Inc.
8019 146th Avenue N.W.
Ramsey, MN 55303
1997 Driveway Paving Project No. 307
Estimate No. 6
Park Construction Company
7900 Beech Street, N.E.
Minneapolis, MN 55432
Rice Creek Bank Stabilization Project No. 309
Estimate No. 4
Ron Kassa Construction
743 8 Upton
Richfield, MN 55423
1998 Misc. Concrete Curb and Gutter
and Sidewalk Project No. 315
Estimate No. 3
Forest Lake Contracting
14777 Lake Drive
Forest Lake, MN 55025
57th Avenue (CR 102) Reconstruction
Project No. ST 1997-4
Estimate No. 1
Forest Lake Contracting
14777 Lake Drive
Forest Lake, MN 55025
Hackmann Avenue/Hackmann Circle Street
Improvement Project No. ST 1998-1
Estimate No. 6
$17,527.50
$11,278.58
$64,481.91
$ 8,211.99
$70,104.25
$49,647.89
MOTION by Councilmember Schneider to approve the consent agenda with the exception of
Item 5. Seconded by Councilmember Barnette.
CITY COUNCIL MEETING OF JULY 13, 1998 PAGE 6
Councilmember Bolkcom noted that Page 3.03 of the Planning Commission minutes of June 17,
1998, Item 8 appeared to be incomplete. She asked that Item 3 be removed from the consent
agenda for discussion.
MOTION by Councilmember Bolkcom to amend the previous motion and to remove Item 3 from
the consent agenda as well. Seconded by Councilmember Schneider. UPON A VOICE VOTE,
ALL MENIBERS VOTING AYE, MAYOR 70RGENSON DECLARED THE MOTION
CARRIED UNANIMOUSLY.
VOTE ON ORIGINAL MOTION: UPON A VOICE VOTE, ALL MEMBERS VOTING
AYE, MAYOR JORGENSON DECLARED THE MOTION CARRIED UNANIMOUSLY.
ADOPTION OF AGENDA:
MOTION by Councilmember Bolkcom to amend the agenda to include the addition of Items 3
and 5 from the consent agenda to immediately follow Item 16 of the regular agenda. Seconded by
Councilmember Schneider.
UPON A VOICE VOTE, ALL MEMBERS VOTING AYE, MAYOR JORGENSON
DECLARED THE MOTION CARRIED UNANIMOUSLY.
OPEN FORUM, VISITORS:
Mayor Jorgenson explained that this is the time reserved for residents to address the Council on
items that are not on the agenda.
Mr. William Turnquist, 7601 Brigadoon Place, stated that he was present to discuss the tree and
brush removal policy. He noted that during a recent storm, he lost a rather large tree on his
property. He was told by a City employee that the City would not be picking up any storm
damage. He contacted the City offices and was provided the same information. Consequently, he
arranged to have the tree and branches removed by a contractor at a cost of $238.00. Sometime
thereafter, a decision was made by Council to have the City remove trees and brush damaged by
the storm. He felt the matter was handled poorly and that he should be reimbursed for the costs
that he incurred. He further stated that he felt there should be a place where residents could bring
the brush. Without a place to haul debris, if the City does not pick it up, residents have no
alternative but to hire someone to haul it away.
Mayor Jorgenson informed Mr. Turnquist that the initial plan was that the City would not be
involved in the removal of tree branches and brush. However, on 7uly 6 an Emergency Council
Meeting was held, and the decision was changed. She noted that this matter will be discussed at
the ne�t Council Conference Meeting on Monday, July 20, with input from the City Attorney.
Mr. Turnquist will be kept informed as to the outcome of that discussion.
Councilmember Schneider noted that City staff did not provide incorrect information at the time
Mr. Turnquist contacted staff. However, since that time staff was given a change in direction as
to what was to be done. He sincerely hoped that the City would be able to find a way to correct
the problem so residents are treated equally.
CITY COUNCIL MEETING OF JULY 13, 1998 PAGE 7
There were no further questions or comments from the public.
13. SPECIAL USE PERMIT REQUEST, SP #98-07, BY TIM YOCUM, YOCUM OIL
COMPANY, INC., TO ALLOW AN AUTOMOBILE SERVICE STATION,
MOTOR VEHICLE CAR WASH, AND A "DRIVE-IN" TYPE
ESTABLISHMENT, GENERALLY LOCATED AT THE INTERSECTION OF
UNIVERSITY AVENUE AND 73� AVENUE N.E. (WARD 1):
Mr. Scott Hickok, Planning Coordinator, explained that this is a special use permit request for
property located on the corner of 73rd Avenue and University Avenue N.E. to allow a motor fuel
operation and a car wash. The property is zoned G2, General Business.
Mr. Hickok presented a map of the subject site, indicating the uses of the surrounding properties
(General Business, Heavy Industrial and Two-Family & Single-Family Residential). As a part of
the development project, a 1,600 square foot brick, rocked-faced block and glass drive through
car wash has been proposed for the southwest corner of the site. The other portion of the
development includes a nearly 5,000 square foot Taco Bell restaurant/Texaco convenience store
motor fuel operation. This building will also be brick and glass with a standing seam metal roof.
The canopy will include 16 fuel pumping stations.
The drive-through for the Taco Bell restaurant has been proposed to be located behind the
convenience store/restaurant building. Adequate screening will be provided between the drive-
through and the neighborhood, and a significant amount of stacking space has been allowed to
prevent traffic flow problems on the site. Because of sensitivity to the neighborhood, staff asked
that nothing be put on the back of the building that would create activity beyond the drive-
through itself.
The car wash will be situated on the southeast corner of the lot, with a great deal of glass facing
University Avenue. To attempt to preserve an aesthetically pleasing view and eliminating some of
the other potentially unsightly factors from University Avenue, staff recommended that a clear
glass block be utilized on all middle windows with standard windows used in each of the end
openings facing University Avenue. The windows facing the convenience store would be
standard windows.
Councilmember Billings asked for a clarification of "instructional" purposes as required under
number 8 of the list of stipulations required by the Planning Commission (pg. 13.01). Mr. Hickok
noted that this refers to providing information in regard to the operation of the pumps. It could
also be used in the event of an emergency as noted in this section.
Councilmember Billings stated that he was not sure that informational exchange really falls under
"Instructional" purposes. He wondered if a coma could be added after "instructional" and the
words be added "information exchange.". He stated that he wanted to be sure that music is not
being played over the intercom.
Mr. Tim Yocum, of Yocum Oil Company, was present and provided a brief background on the
company. They are based in Maplewood and currently own and operate seven gas convenience
stores. He noted that their company is a wholesaler who provides support for the other dealers
that own and operate their own stores. Mr. Yocum presented a diagram of the proposed building.
CITY COUNCIL MEETING OF JULY 13, 1998 PAGE 8
Councilmember Billings asked how many of Mr. Yocum's gas/convenience store buildings are
partnered with a fast food operation. Mr. Yocum stated that they currently have two stores with
fast food restaurant operations. They have been in operation since 1995 and 1996, and they have
not experienced any problems.
Councilmember Billings asked Mr. Yocum if he has agreed to the recommendation made by staff
for the installation of glass block on a portion of the window area for the car wash. Mr. Yocum
indicated that their desire would be to have full glass in the area. He noted that the purpose of the
glass design is to provide a level of security for car wash customers. However, if the City
requires glass block, they would be willing to provide that.
Mayor 7orgenson asked what measures had been taken to encourage a right-out exit from the
drive-through. Mr. Hickok noted that the design of the drive-through is such that it will provide
for a easier e�t. A customer could turn left, however, and e�t onto the service drive and then to
the eastbound lane on 73rd Avenue.
Mayor Jorgenson also inquired as to where delivery vehicles will be parked. Mr. Yocum noted
that the vehicles will most likely park on the southeast area of the site.
Councilmember Bolkcom discussed the City's stance on outside storage. She noted that they
were working diligently to resolve some of the issues relating to the outside storage of products.
Mr. Hickok explained the City's ordinance pertaining to this matter. He noted that currently there
is a four foot area which is allowed for storage of products in the front of the building on a
temporary basis. At this time, "temporary basis" requires further clarification.
Councilmember Billings asked why staff has recommended the glass block for a portion of the
glass window area of the car wash. If the petitioner's purpose of the windows is to provide a
safer environment, he does not understand why the City was requiring them to install glass block.
Mr. Hickok responded that this was the most visible area of the site. The glass windows would
provide a good appearance when the building is new; however, with the humidity it would be
difficult to keep the windows clean. Additionally, the equipment proposed for the wash is not
stainless steel and would likely age and rust, thus creating a potentially unsightly appearance. The
glass block would be used only in the tunnel area with windows at the entrance and again near the
e�t of the wash.
Councilmember Billings stated that he would be more comfortable with the language of the
Planning Commission, stating that staff and the petitioner would get together and come up with a
reasonable solution to the problem of the windows.
Mr. Yocum stated that one alternative to the glass block may be to install a bronze-tinted window
in that area. Mr. Hickok responded that this would be acceptable during the day; however, when
lights are on during the evening the equipment would be visible.
MOTION by Councilmember Billings to approve the Special Use Permit #98-07, with the
stipulations found on Page 13.01 of the agenda book Seconded by Councilmember Barnette.
CITY COUNCIL MEETING OF JULY 13, 1998 PAGE 9
MOTION by Councilmember Billings to amend Stipulation No. 8, by placing a coma (,) after the
word "instructional", and adding the words "information exchange." Seconded by Council-
member Barnette.
UPON A VOICE VOTE, ALL MEMBERS VOTING AYE, MAYOR JORGENSON
DECLARED THE MOTION CARRIED UNANIMOUSLY.
MOTION by Councilmember Billings to amend Stipulation number 12 to include the language as
found in Stipulation number 13 on Page 3.08: "Petitioner shall work with City staff on a
reasonable solution to the car wash window openings". Seconded by Councilmember Schneider.
Councilmember Billings stated that the purpose for this amendment would be to allow between
now and the start of construction, staff and the petitioner to agree upon an acceptable type of
window solution which would more satisfactorily meet the needs of the City and the petitioner.
He further stated that it is his opinion that the City is overstepping its bounds in their requirement
of Stipulation number 12.
Attorney Knaak noted that the City has the right to specify the type of window material provided
there is a direct link to the issue of public health, safety and welfare.
VOTE ON MOTION TO AMEND STIPULATION #12: UPON A VOICE VOTE, ALL
MEMBERS VOTING AYE, MAYOR JORGENSON DECLARED THE MOTION
CARRIED UNANIMOUSLY.
VOTE ON MAIN MOTION APPROVING SPECIAL USE PERMIT #SP 98-07, WITH
STIPULATIONS: UPON A VOICE VOTE, ALL MEMBERS VOTING AYE, MAYOR
JORGENSON DECLARED THE MOTION CARRIED UNANIMOUSLY.
14. VARIANCE REQUEST, VAR #98-19, BY TIM YOCUM, YOCUM OIL
COMPANY, INC., TO ALLOW THE MAXIMUM SIZE OF A FREE-STANDING
SIGN TO BE INCREASED FROM 80 SQUARE FEET TO 120 SQUARE FEET,
GENERALLY LOCATED AT THE INTERSECTION OF UNIVERSITY AVENUE
AND 73RD AVENUE N.E. (WARD 1):
Mr. Hickok explained that Tim Yocum was requesting a variance to allow 40 additional square
feet of signage on a free-standing pylon sign for their proposed development at the southeast
corner of University Avenue and 73rd Avenue N.E. The petitioner's hardship statement states
that the importance of having adequate signage is imperative to both Taco Bell and Texaco and
how they conduct their businesses. Their development is unique in that two major retailers will be
working together on the parcel.
Mr. Hickok noted that the City limits free-standing pylon signs to 80 square feet. He provided a
diagram of the proposed signage for the site, which includes a Texaco sign, "ATM/car wash
sign," a"Taco Bell" sign, and a sign posting the gas prices. Mr. Hickok noted that in order to
grant a sign variance, four conditions must be met. He went through the four conditions, noting
that staff does not believe the petitioner has met the criteria.
CITY COUNCIL MEETING OF JULY 13, 1998 PAGE 10
Councilmember Bolkcom stated that the site is very visible, with very little obstruction. She does
not see a need in granting a sign variance.
Mr. Yocum stated that the fast food business and their business depends on impulse. They want
to provide a sign that will give people a forewarning to allow them to make a decision.
Mr. Doug Sinclair of Tenant Services, Inc., a consultant for Yocum Oil Company, Inc., stated
that a conscious effort has been made to create a property that makes a very strong, positive
image. The site is 2.4 acres and could conceivably be split into two lots. If this were so, code
would allow two 80 square foot signs on the two properties. By being allowed only 40 square
feet for each of their businesses they are being allocated only fifty percent of the signage that is
allowed for any other business of a similar type along University Avenue. This would put them at
a competitive disadvantage, and they could expect up to a twenty percent decrease in the sales
from what would normally be projected.
Councilmember Billings asked what amount of square footage they anticipate for wall signage.
Mr. Sinclair responded that they propose to have appro�mately 250 - 300 square feet of wall
signage (this includes the signage on the canopies). Based on the City's sign code, they could
essentially have up to 1,300 square feet of wall signage. However, they do not intend to do that.
Councilmember Barnette noted that both Conoco and Freedom have approached the City for a
sign variance and both have been denied.
Councilmember Billings asked what the minimum lot size is for C-2 zoning. Mr. Hickok stated
that the minimum square footage required is 20,000 square feet (or 1/2 acre).
Councilmember Billings stated that this particular site is appro�mately 2.4 acres or equivalent to
five C-2 lots. One reason that this lot has not been split is likely due to the shape of the lot. He
noted that perhaps some type of ground level monument sign could be put up with a pedestal sign
with a stipulation that building/canopy signage cannot exceed 350 or 375 square feet.
Councilmember Schneider stated that he does not think this is a trend that Council wants to start.
The property is a single lot, and the City's sign code is based on buildable lots. He also asked if
perhaps the gas prices could be posted on the wall signage. Mr. Hickok noted that this would be
information that must be visible to the public.
Councilmember Billings stated that the aesthetics of the building and how it blends in with the
neighborhood, etc., deserve some type of consideration from Council in terms of signage.
Mr. Hickok noted that the adjacent property owners indicated that they were not in favor of the
sign variance on this property. They are also a multi-tenant property and indicated that if this
variance was approved, they would seek one as well for their property.
MOTION by Councilmember Billings to approve Variance #98-17 with three stipulations: 1)
pylon signs shall not be larger than 100 square feet; 2) that they be allowed to place a ground
level monument sign with logos only which will not exceed 24 square feet; and 3) that the wall
signage including buildings and canopies shall be limited to 375 square feet for the entire site.
Seconded by Councilmember Schneider.
CITY COUNCIL MEETING OF JULY 13, 1998 PAGE 11
UPON A VOICE VOTE, COUNCILMEMBER BILLINGS AND COUNCILMEMBER
SCHNEIDER VOTING AYE; AND MAYOR JORGENSON, COUNCILMEMBER
BARNETTE AND COUNCILMEMBER BOLKCOM VOTING NAY, MAYOR
JORGENSON DECLARED THE MOTION FAILED.
15. VARIANCE REQUEST, VAR #98-19, BY JASON REILING, MICRO-MATICS,
TO ALLOW THE RECONSTRUCTION OF A FIRE DAMAGED BUILDING
GENERALLY LOCATED AT 7871 HICKORY STREET N.E.
Mr. Hickok explained that Mr. Reiling was requesting eight variances to allow the reconstruction
of an industrial building at 7871 Hickory Street N.E. On February 15, 1998, a fire destroyed the
industrial building which once housed Micro Matics. The following variances would be required
in order to allow for the reconstruction of the building: 1) lot area variance from 1.5 acres to .37
acres; 2) a lot width reduction from 150 feet to 120 feet; 3) a side yard reduction from 30 feet to
26 feet; 4) a reduced parking setback from the side lot from 5 feet to 0 feet; 5) a reduced parking
setback from the rear lot line from 5 feet to 0 feet; 6) a reduced parking setback from the main
building from 5 feet to 4.5 feet; 7) a reduced parking setback from the alley from 15 feet to 0 feet;
and 8) a reduced drive aisle width for two-way traffic from 25 feet to 15 feet.
Mr. Hickok explained that when this structure was constructed in 1978, numerous variances
would have been required. Code requirements for lot size were the same as they are today. D.W.
Harstad was the owner of the property as well as the properties to the north and south along the
west side of Hickory Street. The combined total of those parcels is equal to 1.87 acres. Because
there were eventually four owners on separately described parcels, the 1.87 acre parcel became
fragmented and was no longer an individual entity that could meet the lot requirements. (A
condominium plat was not created for separate ownership.) Granting or not granting the Micro-
Matics variances will have huge policy implications. If the variances are granted, the City has in
essence set a new standard for the M-2 district because these conditions are not unique to this
parcel. Each of the four parcels on the east side of Hickory Street have the same conditions.
Staff recommended denial of the eight variances requested due to the magnitude of the request as
a package, and because there are no unique characteristics applicable to this parcel. The Appeals
Commission recommended approval of the variances but further recommended that Council
consider an overlay district or zoning te�t amendment that would recognize the conditions in the
Onaway industrial district. By creating this, the City would avoid setting a precedence for other
larger M-2 tenants.
Attorney Knaak explained that if Council chose to grant this request they not only would be
making an exception for an M-2 zone, but the ne�t time there is a fire on a substandard lot in a
residential area, making a distinction between that and industrial areas would be difficult to do.
Mr. Dick Reiling explained that it was his desire to build virtually the same size building as what
was previously on the property. If he is unable to do so, the property would be of no value and
could only be used for parking. Mayor Jorgenson noted that another option would be to sell the
property to one of the adjoining property owners.
A majority of the Council were concerned that granting the variances would set a precedence.
Councilmember Barnette stated that he has a lot of sympathy for Mr. Reiling.
CITY COUNCIL MEETING OF JULY 13, 1998 PAGE 12
MOTION by Councilmember Bolkcom to deny Variance Request #98-19. Seconded by
Councilmember Billings.
UPON A VOICE VOTE, MAYOR JORGENSON, COUNCILMEMBER BILLINGS,
COUNCILMEMBER SCHNEIDER, AND COUNCILMEMBER BOLKCOM VOTED IN
FAVOR OF THE MOTION. COUNCILMEMBER BARNETTE VOTED AGAINST THE
MOTION. MAYOR JORGENSON DECLARED THE MOTION CARRIED BY A FOUR
TO ONE VOTE.
Brian Hounman, 833 Third Street S.W., New Brighton, asked if Council would consider splitting
each of the parcels into individual condominium lots. Mr. Hickok stated that he would be willing
to sit down with them to address any questions they may have.
Mr. Doug Petty, 7805 Beech Street N.E., stated that he owns two parcels on the corner and
would find himself in the same situation should something happen to his building. He employs
forty full-time employees, and he felt that it was important for the City to move forward with
some type of re-zoning. Additionally, he thinks that the property owners in that area should all be
notified of this situation.
16. SPECIAL USE PERMIT REQUEST, SP #98-09, BY CELLNET DATA SERVICES
(MSP), INC., TO ALLOW WIRELESS TELECOMMUNICATION FACILITIES
IN A M-2, HEAVY INDUSTRIAL DISTRICT, GENERALLY LOCATED AT 40
77TH WAY N.E. (WARD 3):
Mr. Hickok explained that CellNet Data Services, Inc. has requested a special use permit to allow
the installation of a Wireless Telecommunications Facility on an e�sting tower owned by
Northern States Power (NSP) and located on the Johnson Printing and Packaging Corporation
property at 40-77th Way N.E. Mr. Hickok presented a diagram of what would be installed on top
of the e�sting structure as well as an illustration of the locations of the micro-cell boxes that
would be attached to the upright pole-type structures that already e�st. These micro-cell boxes
would communicate with the master cell facility which is why approval was being sought for the
special use permit request. The boxes contain equipment which would read a signal from a
specified area of electric meters. As a result, the City will also be asked to initiate a te�t
amendment that will allow them to provide the ne�t wave in their ordinance amendment. This
amendment would recognize and set the appropriate standards while accommodating the latest
micro-technology facilities.
Councilmember Billings asked if the te�t amendment would be required in order for them to put
up their micro-cell boxes. Mr. Hickok responded in the affirmative. He noted that a te�t
amendment will facilitate the technology and at the same time set some perimeters to protect the
residents as far as location.
Councilmember Billings stated that from a zoning standpoint, the City may need to exert some
control in how and where they do put their devices in.
MOTION by Councilmember Bolkcom to concur with the Planning Commission and approve
Special Use Permit Request, SP #98-17 with the following eight stipulations: 1) the petitioner or
successors shall install and maintain the proposed equipment so that it blends into the surrounding
CITY COUNCIL MEETING OF JULY 13, 1998 PAGE 13
environment, 2) a non-corrosive finish shall be used to match the color of the e�sting structure,
3) The tower shall not be artificially illuminated except as required by the Federal Aviation
Administration (FAA), 4) a staff approved landscape plan shall be filed with the City prior to
issuance of a building permit for this facility, 5) the facility shall be designed to discourage
unauthorized entry, 6) a building permit shall be obtained prior to commencement of installation
of any facility equipment on the site, 7) no signs other than warning or equipment information
signs are permitted as part of this application, and 8) the petitioner or successors shall initiate a
te�t amendment to Ordinance No. 1112, as it relates to the placement of micro-cell facilities in the
community. Seconded by Councilmember Schneider.
UPON A VOICE VOTE, ALL MEMBERS VOTING AYE, MAYOR JORGENSON
DECLARED THE MOTION CARRIED UNANIMOUSLY.
3. RECEIVE THE MINUTES OF THE PLANNING COMMISSION MEETING OF
JUNE 17, 1998:
Councilmember Bolkcom noted that Item 8 on Page 3.03 of the meeting minutes of June 17, 1998
was incomplete.
MOTION by Councilmember Bolkcom to table approval of the minutes to allow for correction.
Seconded by Councilmember Billings.
UPON A VOICE VOTE, ALL MEMBERS VOTING AYE, MAYOR JORGENSON
DECLARED THE MOTION CARRIED UNANIMOUSLY.
5. APPROVE JOINT POWERS AGREEMENT BETWEEN THE CITY OF
FRIDLEY AND THE COUNTY OF ANOKA FOR CENTRAL AVENUE
IMPROVEMENT PROJECT NO. ST. 1998-4:
MOTION by Councilmember Barnette to approve the revised 7oint Powers Agreement between
the City of Fridley and the County of Anoka for Central Avenue Improvement Project No. ST.
1998-4, as distributed to Council and identified as Anoka County Contract No. 980520.
Seconded by Councilmember Schneider.
UPON A VOICE VOTE, ALL MEMBERS VOTING AYE, MAYOR JORGENSON
DECLARED THE MOTION CARRIED UNANIMOUSLY.
17. INFORMAL STATUS REPORTS:
Mayor Jorgenson noted that the City has taken a large number of calls from residents in regard to
the storm clean-up. She explained that there are a number of vehicles picking up the brush, based
on the size of the load. Staff anticipates completion of the clean-up by Thursday.
Councilmember Bolkcom reminded residents of the SOth Anniversary meetings and encouraged
resident participation. They are especially interested in obtaining input from those with marketing
expertise. Mr. Burns noted that the City is encouraging community organizations to identify a
project for the SOth Anniversary Celebration.
CITY COUNCIL MEETING OF JULY 13, 1998 PAGE 14
ADJOURNMENT:
MOTION by Councilmember Barnette to adjourn the meeting. Seconded by Councilmember
Schneider.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR JORGENSON DECLARED THE
MOTION CARRIED UNANIMOUSELY AND THE REGULAR MEETING OF THE
FRIDLEY CITY COUNCIL OF JULY 13, 1998 WAS ADJOURNED AT 10:55 P.M.
Respectfully submitted,
Tamara D. Saefke Nancy J. Jorgenson
Recording Secretary Mayor