07/13/1998 - 4824OFFIClAL CITY CO�TNCIL AGENDA
COUNCIL MEETING . '
JULY 13,1998
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FRIDLEY CITY COUNCIL MEETING
ATTENDENCE SHEET
Mcinday, Ju,ey 13, 199�
7:30 P.M.
PLEASE PRINT NAME, ADDRESS AND ITEM NUMBER YOU ARE INTERESTED IN
ITEM
PRINT NAME (CLEARLY) ADDRESS NUMBER
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a FRIDLEY CITY COUNCIL MEETING OF
� oF J U LY 13,1998
FRIDLEY
The City of Fridley will not discriminate against or hazass anyone in the admission or access to, or treatment, or
employment in its services, programs, or activities because of race, color, creed, religion, national origin, sex,
disability, age, marital status, sexual orientation or status with regard to public assistance. Upon request,'
accommodation will be provided to allow individuals with disabilities to participate in any of Fridley's services, '
programs, and activities. Hearing impaired persons who need an interpreter or other persons with disabilities who�
require auxiliary aids should contact Roberta Collins at 572-3500 at least one week in advance. (TTD/572-3534)
PLEDGE OF ALLEGIANCE.
PROCLAMATION:
National Night Out (Tuesday, August 4, 1998)
APPROVAL OF MINUTES:
City Council Meeting of June 22, 9998
APPROVAL OF PROPOSED CONSENT AGENDA:
NEW BUSINESS:
Receive Petition from Residents on �-
Rice Creek Boulevard for a Canada Goose
Capture and Removal Program and
Consider Variance Request (Ward 3) ...................................... 1.01 - 1.03
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FRIDLEY CITY COUNCIL MEETING OF JULY 13, 1998 PAGE 2
APPROVAL OF PROPOSED CONSENT AGENDA:
NEW BUSINESS (CONTINUED):
Receive Petition from Residents for
the Maintenance of the Secondary
Pond Which Receives Water from
High Land Lake (Ward 2) .......................................................... 2.01 - 2.07
Receive the Minutes of the Planning
Commission Meeting of June 17, 1998 ..................................... 3.01 - 3.15
Resolution Requesting Municipal State
Aid System Construction Funds for
Other Local Use ........................................................................ 4.01 - 4.03
Approve Joint Powers Agreement between
the City of Fridley and the County of Anoka
for Central Avenue Improvement Project
No. ST. 1998 - 4 ........................................................................ 5.01 - 5.11
Receive Bids and Award Contract for
Bituminous Walkway Slurry Seal Project
No. ST. 1998 - 11 ...................................................................... 6.01 - 6.02
FRIDLEY CITY COUNCIL MEETING OF JULY 13, 1998 PAGE 3
APPROVAL OF PROPOSED CONSENT AGENDA:
NEW BUSINESS (CONTINUEDI:
Resolution Designating Authorized
Person to Execute Sub-Grant Agreements ............................... 7.01 - 7.02
Approve Staff Recommendation for the
Property Located at 6028 Central
Avenue N.E. (1Nard 2) ............................................................... 8.01
Appointment: City Employees ................................................... 9.01
Claims.................................................................................... 10.01
Licenses...........:........................................................................ 11.01 - 11.08
Estimates: .................................................................................. 12.01 - 12.02
FRIDLEY CITY COUNCIL MEETING OF JULY 13, 1998 PAGE 4
ADOPTION OF AGENDA:
OPEN FORUM. VISITORS:
Consideration of Items Not on Agenda (15 minutes).
NEW BUSINESS:
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`d Avenue N.E. (1Nard 1) ................................................................... 13.01 - 13.15
Variance Request, VAR #98-17, by Tim
Yocum, Yocum Oil Company, Inc., to Allow
the Maximum Size of a Freestanding Sign
to be Increased from 80 Square Feet to
120 Square Feet, Generally Located at
the Intersection of University Avenue and
73`d Avenue N.E. (Ward 1) ................................................................... 14.01 - 14.25
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FRIDLEY CITY COUNCIL MEETING JULY 13, 1998 �
QiY OF
FRIDLE'Y
1fie City of Fridley will not discriminate against or hazass anyone in the admission or access to, or treatment, or employment in
its services, programs, or activities because of race, color, creed, religion, national origin, sex, disability, age; marital status,
sexual orientation or status with regard to public assistance. Upon request, accommodation will be provided to allow
individuals with disabilities to participate in any of Fridley's services, programs, and activities. Hearing impaire3 persons who
need an interpreter or other persons with disabilities who require auxiliary aids should contact Roberta Collins at 572-3500 at
least one week in advance. (TTD/572-3534)
PLEDGE OF ALLEGIANCE.
PROCLAMATION:
Nationa/ Night Out (Tuesday, August 4, 1998)
APPROVAL OF MINUTES:
City Council Meeting of June 22, 1998
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APPROVAL OF PROPOSED CONSENT AGENDA:
NEW BUSINESS:
Receive Petition from Residents on
Rice Creek Boulevard for a Canada
Goose Capture and Removal Program
and Consider Variance Request
(Ward 3) ................................ 1.01 -1.03
��T1Yto.� 'I��,
3- ��q�3
Receive Petition from Residents for
the Maintenance of the Secondary
Pond Which Receives Water from
High Land Lake (VNard 2) ................ 2.01 - 2.07
�t-T�TI��J ��•
� N- I99S
Receive the Minutes of the Planning
Commission Meeting of June 17,
1998 ................................ 3.01 - 3.15
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APPROVAL OF PROPOSED CONSENT AGENDA:
NEW BUSINESS (CONTINUEDI:
Resolution Requesting Municipal State
Aid System Construction Funds for
Other Local Use ................................. 4.01 - 4.03
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Approve Joint Powers Agreement between
the City of Fridley and the County of Anoka
for Central Avenue Improvement Project
No. ST. 1998 - 4 .......................... � 5.01 - 5.11
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Receive Bids and Award Contract for
Bituminous Walkway Slurry Seal Project
No. ST. 1998 -11 ............................ 6.01 - 6.02
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Resolution Designating Authorized
Person to Execute Sub-Grant
Agreements ................................ 7.01 - 7.02
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Approve Staff Recommendation for the
Property Located at 6028 Central
Avenue N.E. (Ward 2) ..................... 8.01
FRIDLEY CITY COUNCIL MEETING OF JULY 13, 1998 PAGE 2
APPROVAL OF PROPOSED CONSENT AGENDA: NEW BUSINESS (CONTINUED):
NEW BUSINESS (CONTINUEDI:
Appointment: City Employees ......... 9.01
Claims ...........................10.01
Licenses
Estimates:
L �
Variance Request, VAR #98-17, by Tim
Yocum, Yocum Oil Company, inc., to Aliow
the Maximum Size of a Freestanding Sign
to be Increased from 80 Square Feet to
120 Square Feet, Generally Located at
the Intersection of University Avenue and
73ro Avenue N.E. (W3rd 1) ................ 14.01 -14.25
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..:..........:............... 11.01 -11.08 Variance Request, VAR #98-19, by
Jason Reiling, MicraMatics, to Allow
the Reconstruction of a Fire Damaged
Building Generally Located at 7871
� Hickory Street N.E. (Ward 3) ............ 15.01 - 15.18
.............................. 12.01 -12.02 � ,�
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g3/OS .,a�a� ar�-�'`'t Special Use Permit Request, SP #98-09,
��'�rn�'" by CeliNet Data Services (MSP), inc.,
� �• �c�'� to Allow Wireless Telecommunication
— �L o� i''i��"`� Facilities in a M-2, Heavy Industrial
��' �'�' District Generally Located at 40 - 77'"
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Gc� �'Q�� Way N.E. (Ward 3) ........................... 16.01 -16.17
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OPEN FORUM. VISITORS:
Consideration of Items Not on Agenda (15 minutes).
NEW BUSINESS:
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 �
73rd Avenue N.E. (Ward 1) ......�. 13.01 -13.15
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Informal Status Reports .................... 17.01
ADJOURN.
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NATIONAL NIGrRT OVT
Tuesda�, 9ugust 4, l 9 9 8
WHEREAS, the National Association of Town Watch (NATV� is sponsoring a unique,.
nationwide crime, drug and violence prevention program on August 4, 1998
called "National Night Out"; and
WHEREAS, the "15"' Annual National Night Out" provides a unique opportunity for Fridley to
join forces with thousands of other communities across the couritry in promoting
cooperative, police-community crime prevention efforts; and
WHEREAS, the Neighborhood Crime Watch Program plays a vital role in assisting the Fridley
Police Department through joint crime, drag and violence prevention efforts in
Fridley and is supporting "National Night Out 1998" locally; and
WHEREAS, it is essential that all citizens of Fridley be aware of the importance of crime
prevention programs and the impact that their participation can have on reducing
crime, drugs and violence in Fridley; and
WHEREAS, police-community partnerships, neighborhood safety, awareness and cooperation
are important themes of the "National Night Out" program;
NOW THEREFORE, I, Mayor Nancy J. Jorgenson, Mayor of the City of Fridley, do hereby
proclaim Tuesday, August 4, 1998 as:
NATIONAL NIGBT OOT
in the City of Fridley.
Be it further resolved that I, Mayor Nancy J. Jorgenson, do hereby call upon all citizens of
Fridley to join the Fridley Police Department and the National Association of Town Watch in
supporting the "15`t' Annual National Night Out" on August 4, 1998.
IN WITNESS WHEREOF, I have set my
hand and caused the seal of the City of
Fridley to be affixed this 13�' day of July,
1998.
NANCY J. JORGENSON, MAYOR
TAE MINUTES OF THE FRIDLEY CITY COUNCIL MEETING OF
JtJNE 22,1998
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THE MINUTES OF THE REGULAR MEETING OF TFIE FRIDLEY CITY COUNCIL
OF JUNE 22. 1998
The Regular Meeting of the Fridley City Council was called to order by Mayor 7orgenson at
7:32 p.m.
PLEDGE OF ALLEGTANCE:
Mayor 7orgenson 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
MEMBERS ABSENT: None
PRESENTATIONS:
Plaque to Duane Prairie (Former member of Housing & Redevelopment Authority):
Mayor Jorgenson presented a plaque to Mr. Prairie in recognition of his twenty years of service
on the Housing and Redevelopment Authority Commission.
Plaque to Bruce Bondow (Former member of Environmental Quality and Energy
Commission):
Mayor Jorgenson presented a plaque to Mr. Bondow in recognition of his sixteen years of service
on the Environmental Quality and Energy Commission.
Plaque to Dean Saba (Former Member of Environmental Quality and Energy Commission:
Mayor Jorgenson presented a plaque to Mr. Saba in recognition of his eighteen years of service
on the Environmental Quality and Energy Commission.
The Councilmembers took this opportunity to express their grateful appreciation to each of these
citizens for their dedicated service to the City.
APPROVAL OF MTNUTES:
COUNCIL MEETiNG - June 8 1998•
MOTION by Councilmember Bolkcom to approve the minutes of the June 8, 1998 City
Council meeting as presented in writing. Seconded by Councilmember Billings. UPON A
VOICE VOTE, all voting aye, Mayor Jorgenson declared the motion carried unanimously.
CITY COUNCTL MEETING OF JUNE 22 1998 PAGE 2
APPROVAL OF PROPOSED CONSENT AGENDA:
NEW BUSINESS:
1. RECEIVE TAE MINUTES OF TFIE PLANNING COMMTSSTON MEETING OF
NNE 3, t 998:
RECEIVED THE MINUTES OF THE PLANNING COMMISSION MEETING OF
NNE 3, 1998.
2. SPECIAL USE PERMIT, SP #98-06, BY PATRICK ELWELL, TO ALLO�V THE
CONSTRUCTION OF A SECOND ACCESSORY BUILDING, GENERALLY
LOCATED AT 236 RICE CREEK BOULEVARD (WARD 3):
Mr. Burns, City Manager, explained that this request is to allow Mr. Elwell to build a 14
foot by 24 foot garage to house cars, trailers and a boat.
APPROVED SPECIAL USE PERMIT, SP #98-06, BY PATRICK ELWELL, TO
ALLOW THE CONSTRUCTION OF A SECOND ACCESSORY BUILDING
GENERALLY LOCATED AT 236 RICE CREEK BOULEVARD.
3. RESOLUTION NO 44-1998 APPROVING A VACATION� SAV #97-02,
GENERALLY LOCATED AT 8200 UNTVERSiTY AVENUE N.E. AND
REPEALING RESOLUTiON NO 5-1998 (BACHMAN'S)(WARD 3):
Mr. Burns, City Manager, stated that Bachman's attorneys have again approached staff
asking for an additional minor modification of the resolution that provides for the vacation
of a utility easement on Bachman's property.
ADOPTED RESOLUTION NO. 44-1998, APPROVING A VACATION, SAV 97-02,
GENERALLY LOCATED AT 8200 UNIVERSITY AVENUE N.E. AND
REPEALING RESOLUTION NO. 5-1998 (BACHMAN'S).
4. APPROVE 1998 RESTDENTiAL RECYCLING AGREEMENT BETWEEN TAE
CITY OF FRiDLEY AND THE COUNTY OF ANOKA:
Mr. Burns, City Manager, explained that this is the annual agreement that provides for
pass-through of SCORE funding from Anoka County to the City of Fridley. In this
instance, the agreement allows us to receive $75,219.97 for our 1998 residential recycling
program.
APPROVED 1998 RESIDENTIAL RECYCLING AGREEMENT BETWEEN THE
CITY OF FRIDLEY AND THE COUNTY OF ANOKA.
CITY COUNCTL MEETING OF JUNE 22, 1998 PAGE 3
5. RESOLUTION NO. 45-1998 APPROVING TAE AWARD OF A GRANT IN THE
AMOUNT OF $5,000 TO ELTM TRANSITIONAL HOUSING. �NC. AND
AUTRORTZING EXECUTION OF A GRANT AGREEMENT:
Mr. Burns, City Manager, stated that this special housing program was designed by the
City's Section 8 Housing Coordinator. She proposes to use $5,000 in excess Section 8
revenue to assist low income renters to clear unlawful detainer actions from their records.
The grant would be administered by Elim Transitional Housing. They will screen
applicants for eligibility, process loan applications and loan repayments. They are also
responsible for providing yuarterly financial reports to the City. In view of the restrictions
on the use of the money and in view of the merits of the program, staff recommended
Council's approvaL
ADOPTED RESOLUTION NO. 45-1998 APPROVING THE AWARD OF A
GRANT IN THE AMOUNT OF $5,000 TO ELIM TRANSITIONAL HOUSING,
INC. AND AiITHORIZING EXECUTION OF A GRANT AGREEMENT.
6. APPROVE CAANGE ORDER NO. 3 FOR HACKMANN AVENUE STREET
IMPROVEMENT PROJECT NO. ST. 1998-1:
Mr. Burns, City Manager, explained that the change order covers excess excavation and
granular borrow needed to correct poor soils encountered during construction. It also
covers more than expected work on driveways that were impacted by the project. The
total cost of the change order is $41,500. Staff recommended approval of the change
order for work done by Forest Lake Contracting.
APPROVED CHANGE ORDER NO. 3 IN THE AMOUNT OF $41,500 FOR
HACKMANN AVENUE STREET IMPROVEMENT PROJECT NO. ST. 1998-1.
7. APPROVE PLANS FOR CENTRAL AVENUE IMPROVEMENT PROJECT NO.
ST. 1998-4:
Mr. Burns, City Manager, stated that Anoka County has completed plans for the
reconstruction of Central Avenue (Old Central) from Rice Creek north to the corporate
limits. The project includes widening on the west side, the instailation of a storm sewer
system, construction of concrete curb and gutter on the west side and the extension of an
eight-foot bikeway/walkway along the west side. The County is advertising the project
and is planning a 7une 25 bid opening. Since the project is in Fridley, the County asks that
we approve the project plans and specifications. The City's Engineering Division staff has
reviewed the plans and specifications and recommended Council's approval.
APPROVED PLANS FOR CENTRAL AVENUE IMPROVEMENT PROJECT NO.
ST. 1998-4.
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CITY COUNCiL MEETING OF JUNE 22, 1998 PAGE 4
8. CLAIMS:
APPROVED THE PAYMENT OF CLAIM NOS. 81137 - 81402.
9. LICENSES:
APPROVED THE LICENSES AS SUBMITTED AND AS ON FILE IN THE
LICENSE CLERK'S OFFICE.
10. ESTIMATES:
APPROVED THE ESTIMATES AS FOLLOWS:
Insituform Technologies, Inc.
17988 Edison Avenue
Chesterfield, MO 63005-3700
Sanitary and Storm Sewer Repair Project No. 314
FINAL ESTIMATE:
Diversified Paving, Inc.
8019 146th Avenue N.W.
Ramsey, MN 55303
1997 Driveway Paving Project No. 307
Estimate No. 5
Park Construction Company
7900 Beech Street N.E.
Minneapolis, NIN 55432
Rice Creek Bank Stabilization Project No. 309
Estimate No. 3
Forest Lake Contracting
14777 Lake Drive
Forest Lake, MN 55025
Hackmann Avenue/Hackmann Circle
Street Improvement Project No. ST 1998-1
Estimate No. 5
$133,734.00
$ 8,109.89
$ 93,987.30
$198,997.60
MOTION by Councilmember Barnette to approve the consent agenda as presented. Seconded by
Councilmember Schneidec UPON A VOICE VOTE, ail members voting aye, Mayor 7orgenson
declared the motion carried unanimously.
CITY COUNCIL MEETiNG OF JUNE 22 1998 PAGE 5
ADOPTTON OF AGENDA:
MOTION by Councilmember Billings to adopt the agenda as presented. Seconded by Council-
member Bolkcom.
Councilmember Schneider stated that he would like one item added to the agenda, under New
Business, immediately following Item 13. This will be to receive a petition from residents on
West Moore Lake Drive.
MOTION by Councilmember Schneider, to amend the agenda to include the receipt of a petition
from residents on West Moore Lake Drive. Seconded by Councilmember Barnette. UPON A
VOICE VOTE, ALL MEMBERS VOTING AYE, MAYOR JORGENSON DECLARED
THE MOTION CARRIED UNANIMOUSLY.
OPEN FORUM, VISITORS:
Mayor 7orgenson explained that this is the time reserved for residents to address the Council on
items that are not on the agenda. •
Glen Fay, business owner of 7840 Elm Street, stated that they are having problems when some of
tlieir 50 foot semitrailers enter their property. In order to provide adequate access for these semi
trailers onto their property they are constantly finding it necessary to ask neighbors to move their
vehicles off the street. They would appreciate if the City would consider a"No Parking" sign in
front of the office and across the street. '
Mayor Jorgenson stated that Mr. Flora is aware of the situation and has brought it to the attention
of the Council.
There were no further questions or comments from the public.
PUBLIC AEARTNGS:
11. INTOXiCATING LIQUOR LICENSE FOR SPIKERS BEACH CLUB,
GENERALLY LOCATED AT 7651 HIGHWAY 65 N.E. (WARD 2):
MOTION by Councilmember Schneider to open the public hearing at 7:45 p.m. Seconded by
Councilmember Bolkcom. UPON A VOICE VOTE, all voting aye, Mayor Jorgenson declared
the motion carried unanimously and the public hearing was officially opened at 7:45 p.m.
Mr. Burns, City Manager, stated that Spikers plans to open their first restaurant at 7651
Highway 65. They are proposing an integrated restaurant and entertainment facility. Staff
reviewed the liquor-to-food ratio performance and felt very comfortable with the reports. The
Police Department has performed the required background investigation, and they did not found
any reason to deny the request.
CITY COUNCii. MEETING OF JUNE 22, 1998 PAGE 6
Mr. Patrick Pelstring, President and Chief Executive Officer, was present to provide information
with regard to their proposal. He noted that there are nine facilities of similar approach in
Wisconsin. Their facility would be the first of what they expect to be many facilities. They have
executed a Letter of Intent with Continental Properties who will construct the $2.5 million
facility.
Mr. Pelstring presented a diagram of the proposed site plan. He noted that one appealing factor is
that if the business was found not to be viable, the building could easily be converted to another
use. The building is approximately 30,000 square feet. A parking arrangement has been set up
with the two owners of the office building to expand the parking. The west side of,the property
allows for a potential outdoor deck and two outdoor volleyball courts which are not part of the
site plan approval at this stage. If the business is found to be viable and some parking concerns
can be addressed, those items could be a potential expansion option for them.
The proposed building allows for five indoor volleyball courts with full locker rooms. They
would anticipate having volleyball leagues running from 6:00 p.m. to 10:00 p.m., Sunday through
Thursday, with tournaments, camps and clinics held over the weekends. They are using Premier
Restaurant for the design of the kitchen, and have been assured that they will have the capability
to do $3.5 million to $4 million in food and beverages out of this facility.
Councilmember Bi((ings asked if they are aware of the food-to-liquor ratio requirements.
Mr. Pelstring answered in the affirmative.
Councilmember Schneider asked what their menu will consist of. Mr. Pelstring stated that they
plan to offer a variety of foods including burgers, sandwiches, salads, steaks, etc.
Councilmember Schneider asked if the parking is adequate to allow for another operation should
this use not be a viable one. Ms. Dacy noted that staffused a parking calculation for a restaurant
operation which is the ratio of one parking space for each 150 square feet. This ratio is the most
restrictive. They have come up with a requirement of 166 parking spaces. There is adequate land
area on the site to accommodate 166 spaces. They are proposing to pave 140 stalls, and they
have proof of parking area to the south of the building. In addition, they are working with the
property owner to the north, and there is the possibility of additional space to the east.
Councilmember Schneider asked if they are aware of the sign codes. Mr. Pelstring answered in
the affirmative.
Councilmember Barnette stated that he found the concept exciting and was happy that they chose
Fridley as the location of their facility.
Mr. Pelstring stated that if all goes as planned, they plan to break ground on July 7 with a grand
opening in mid-October.
There were no questions or comments from the public.
CITY COUNCiL MEETiNG OF JUNE 22, t998 PAGE 7
MOTION by Councilmember Schneider to close the public hearing at 8:12 p.m. Seconded by
Councilmember Bolkcom.
UPON A VOICE VOTE, ALL MENIBERS VOTING AYE, MAYOR JORGENSON
DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE PUBLIC
HEARING WAS OFFICIALLY CLOSED AT 8:12 P.M.
NEW BUSINESS:
12. VARIANCE REQUEST, VAR #98-18, BY NORTHWESTERN ORTAOPEDIC
SURGEONS PARTNERSAiP UP TO ALLOW THE CONSTRUCTION OF A
PARKING DECK GENERALLY LOCATED AT 8290 UNIVERSITY AVENUE
N.E. (WARD 3):
Ms. Dacy, Director of Community Development, explained that Northwestern Orthopedic
Surgeons Partnership is requesting variances to allow the construction of a parking deck. In
order to allow for the parking deck, the following variances will be required: 1) increase the
maximum allowable lot coverage by a three-story building from 30 percent to 40.2 percent; 2)
reduce the front yard setback from 35 feet to 15 feet; 3) reduce the east side yard setback from 35
feet to 15 feet; 4) reduce the west side yard setback from 35 feet to 0 feet for the ramp to the
deck; 5) reduce the driveway width to 22 feet on the deck and 24 feet on the ramp; and 6) reduce
the size of the parking stalls from a 10 foot width to a 9.5 foot width.
The hardship basis for granting these variances is that the applicant is interested in building an
office based out-patient surgery center which would require replacing several of the parking
spaces which are currently housed in the building. Based upon the square footage of the building,
an additional 27 spaces would be rec�uired. The applicant has explored various options and
determined that a parking deck is the only alternative.
Ms. Dacy noted that the Appeals Commission recommended approval of the variances with the
foilowing stipulations: 1) a storm water/drainage plan for the site must be approved by the City
Engineering Division; 2) a lighting plan for above and beneath the deck shall be approved by City
staff; 3) elevation views of the deck shall be reviewed and approved by staff prior to the issuance
of a building permit; 4) the materials and colors of the deck shall be approved by staff prior to the
issuance of a building permit; and 5) the parking deck shail be designated for employee use only.
Ms: Dacy presented a copy of the proposed site plan for the parking deck. She noted that
Dr. Crandall was present to address any questions that Council may have.
Mayor Jorgenson thanked Dr. Crandall for working with staff to come up with a acceptable •
solution to the parking problem.
Councilmember Bolkcom asked how they plan to secure the deck to keep children out of the area.
Dr. Crandall noted that they will do whatever is necessary. . They will post signs and if necessary,
install a card access system.
CITY COUNCiL MEETiNG OF JUNE 22. 1998 PAGE 8
MOTION by Councilmember Bo(kcom to concur with the Appeals Commission and grant
Variance Request #98-18, by Northwestern Orthopedic Surgeons Partnership, UP, to allow the
construction of a parking deck, with the following five (5) stipulations: 1) a storm water/drainage
plan for the site must be approved by the City's Engineering Division; 2) a lighting pian for above
and beneath the deck shall be approved by City staff; 3) elevation views of the deck shall be
reviewed and approved by staff prior to the issuance of a building permit; 4) the materials and
colors of the deck shall be approved by staff prior to the issuance of a building permit; and 5) the
parking deck shall be designated for employee use only. Seconded by Councilmember Schneider.
UPON A VOICE VOTE, ALL MEMBERS VOTING AYE, MAYOR JORGENSON
DECLARED THE MOTION CARRIED UNANIMOUSLY.
13. RECEIVE BTDS AND AWARD CONTRACT FOR THE FRIDLEY COMMUNITY
CENTER LOWER LEVEL CONSTRUCTTON PROJECT:
Jack Kirk, Director of Recreation and Natural Resources, stated that last year the City was
fortunate enough to receive a grant through the Minnesota Department for Children, Families and
Learning. This grant will allow the City to complete the lower level of the Community Center to
include a dance/exercise area, a game room, hallway and restrooms.
On Thursday, June 4, bids were opened for this construction project. There were ten bidders;
nine of which compieted all of the requested information. Of the nine complete bids, the base bid
ranged from $216,500 to $257,258. The City's pre-bid estimate was $278,000. Therefore, staff
is extremely pleased with the bid amounts.
The City also requested a timetable from each of the bidders for a date of completion. The
timetables ranged from eight to twenty weeks. Additionally, the City requested that the
contractors include four alternates. These included: (1) eliminate lowering of the concrete slab in
the dance/exercise area; (2) eliminate the folding wall partition; (3) add a wood grid to the open
ceiling system; and (4) exchange an acousticai tile drop ceiling for the open ceiling system.
Based on the favorable bids received, Mr. Kirk stated that he recommended that Council consider
including Alternate #3 (wood grid system) along with the base bid. The lowest bidder on the
project was Crawford-Merz Construction Company for a total of $233,068 (including Alternate
#3). This construction company was also the one with the most favorable completion time
(August 1 or eight weeks from commencement of construction). If Council approved the
contract award, a pre-construction meeting would be held this week, and the contractor would
proceed as soon as possible.
Mr. Kirk noted that staff is also working with teachers and students for the woodworking,
cabinetry and wail murals for the project.
Councilmember Bolkcom asked if the contract contains a provision in regard to the eight week
completion timetabie. Mr. Kirk noted that this is not a part of the current contract but that if the
contractor is agreeable it could be added.
CITY COUNCTL MEETING OF JUNE 22. 1998 PAGE 9
Councilmember Schneider asked what the purpose is of Alternate #3. Mr. Kirk stated that it
would enhance the look of the ceilinD in that the duct work and lighting would not be as exposed.
It is merely for aesthetic purposes.
MOTION by Councilmember Bolkcom to receive the bids and award the contract for the Fridley
Community Center Lower Level Construction Project to Crawford-Merz Construction Company
in the amount of $233,068 (base bid + Alternate #3). Seconded by Councilmember Schneider.
UPON A VOICE VOTE, ALL MEMBERS VOTING AYE, MAYOR JORGENSON
DECLARED THE MOTION CARRIED UNANIMOUSLY. ,
13 (A) RECEIVE PETITTON #2-1998 FROM RESTDENTS OF WEST MOORE LAKE
DRIVE:
Councilmember Schneider stated that he received a petition from residents relative to a parking
situation created by the high school. They are requesting that signs be posted on particular streets
in the area specifying that there is to be no parking between the hours of 7:00 a.m. and 1:00 p.m.,
Monday through Friday. .
MOTION by Councilmember Schneider to receive into the record Petition No. 2-1998.
Seconded by Councilmember Barnette.
UPON A VOICE VOTE, ALL MEMBERS VOTING AYE, MAYOR JORGENSON
DECLARED THE MOTION CARRIED UNANIMOUSLY.
14. INFORMAL STATUS REPORTS:
Councilmember Bolkcom reminded residents of the Vision Meeting scheduled Thursday, 7une 25
at 7:00 p.m. in the Community Center. Child Care is available by calling ahead. She encouraged
residents to attend. �
Mr. Burns noted that there was a meeting of the SOth Anniversary Task Force on Thursday. A
brochure was approved which will go out to all businesses and organizations in the community.
They hope to receive responses and feedback from these organizations.
Councilmembet Barnette noted that an All Class Reunion is being planned. Any former students
of Fridley who desire further information are requested to contact Sue Ann Kirkham at 571-3450.
Mayor 7orgenson noted that Co(umbia Heights is celebrating its 100th anniversary this week and
encouraged the public's participation in the week's events and activities.
CITY COUNCTL MEETING OF NNE 22. 1998 PAGE 10
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 unanimously and the Regular Meeting of the Fridley City Council of June 22, 1998 was
adjourned at 8:35 p.m.
Respectfuily submitted,
Tamara D. Saeflce Nancy 7. 7orgenson
Recording Secretary Mayor
Recreation and Natural Resource Department
emo
To: William W. Burns, Cit Mana er ��
Y J �
From: Jack Kirk, Director of Recreation and Natural Resources �
Date: July 9,1998
Re: Neighborhood request to remove Canada Geese
A group of neighborhood residents (200 block of Rice Creek Blvd.) has
submitted the attached petition requesting a variance to the City ordinance that
prohibits trapping of birds and wild animals. These homeowners would like to
contract with the University of Minnesota Department of Fisheries and Wildlife to
conduct a Canada goose capture and removal program on their property. (This
is the same program that we use to remove geese from the Moore Lake Beach
area each year.)
The University of Minnesota capture crews obtain all necessary DNR permits
and carry out this program in an effective manner. Since the geese are flightless
for only a three to four week period each year and we are in that time period
now, the crews would have to complete the roundup in the next week.
It is my understanding that the residents will cover the entire cost of this removal
without City participation. Knowing the tremendous mess that goose droppings
create on park land and nearby lawns, I would recommend that the City Council
grant a variance to Ordinance #101.02 and allow for the goose capture and
removal in these neighborhood backyards.
1.01
July 1, 1998
City of Fridley
Barbara Dacy '
Director of Community Development
6431 University Avenue NE
Fridley, MN 55432
Dear Ms. Dacy:
The purpose of this communication is to request a variance on ordinance #101.02 to a11ow the
"round up" of excess Canada goose population.
Conditions as they exist this summer render backyards, on Rice Creek, completely unusable.
Private funds will be used to pay for expenses involved if budgetary considerations become an
issue.
Sincerely,
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1.02
Address
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10. Llvestock.
Horses, cattle, goats, cabbits, sheep, swine, fowl, and other animals
used for utility.
11. Permit.
The authority to keep an animal within the City of Fridley.
12. Pet Shop.
Any person, partnership or corporation engaged in the business of
breeding, buying, selling or boarding animals of any species.
13. Rodents.
A destructive or nuisance animal including such animals as rats, mice�
moles , voles and other wild animals which are dangerous to the welfare
of the public.
14.. Veterinary Hospital.
Any establishment maintained and operated by a licensed veterinarian
for the diagnosis, care and treatment of diseases and injuries of
animals.
15. Wild Animals.
All living creatures, not human, wild by nature.
101.02. WILD ANIMAIS AND BIRDS
It shall be unlawful for any person to hunt, take, shoot, trap� kill�
injure or attempt to injure any wild animal or bird within the City
of Fridley by use of a firearm, bow and arrow, trap, poison or any
other means. This prohibition, however� shall not prevent property
owners or their agents from eradicating rodents on their property
through the use of traps, poisons or other such lawful means.
101.03. LIVESTOCK CONTROL
1. License Requirement.
No person shall engage in the keeping, raising, feeding or caring for
livestock within the City limits of Fridley without first having
obtained a license to do so.
2. License Procedure.
A. A license to keep livestock shall be granted only after
written application, signed by the applicant, is filed with the
City. The application shall state the applicant's full name and
address, and contain the number and species of the livestock to
be kept and a scaled site plan of the premises showing the
adjoining property and fence lines.
B. The Council, in considering whether a livestock license should
be granted, shall review the application and site plan to consider
12/91
1.03
101.03.
WILD ANIl�lAI.S
AND BIRDS
LZVESTOCR
CONTROL
ioi-2
\
City of Fridley
TO: William W. Burns, City Manager ��
�
FROM: John G. F1ora,�Public Works Director
DATE: June 30, 1998
SUBJECT: Secondary Pond Petition
PW98-142
We received a petition from the residents on what we call the secondary pond which receives water from
High Land Lake and deposits into the tertiary pond in Fridley. These residents have, for a period of time,
requested support to deal with the aesthetics of the pond area and growth. '
The petition submitted requests the Six Cities Watershed District to address the project and obtain support
from Fridley and Columbia Heights to improve the water quality of their pond.
This issue is similar to the Hazris Pond program we have adopted in the last several years, which calls for
a 50/50 cost share in the pond treatment of the water surface. I propose to submit the petition to the Six
Cities Watershed Management Organization at their July meeting and then submit their response to the City.
Based upon our current concept, each resident on the pond would have to contribute approximately $87.50
for a total of $1,500 and the cities of Fridley and Columbia Heights would contribute the remaining 50%
or $525 each. .
JGF:cz
Attachment
2.01
Dear John Flora,
June 23, 1998
! am sending you a petition signed by the 12 homes surrounding the
pond we have named "Bird Nest Pond" across from Highland Lake. We have
formed an association catled P3 ( Persistent Pond Petitioners} .
We want your support this season. We have decided to select Mid
West Aqua Care.
Please respond to our request as soon as possible.
Sincerely,
�
/ f �
Roxane Kava{oski
S 173-St Moritt Drive
Fridley MN
55421
�
i
2.02
PETITION
The undersigned residents of the Innsbruck section of Columbia Heights and Fridley
heretofore known as P3 (Persistent Pond Petitioners) are respectfully petitioning the Six
Cities Water Management Organization and the municipalities of Columbia Heights and
Fridley for their technical and financial assistance in the maintenance of the Pond that is
surrounded by our homes.
Our Pond is a part of the Water Management Plan for Columbia HeightslFridley in that it
is used to collect overflow water from Highland Lake and in this process it collects surface
floatables and other weeds/bacteria/fungus from H'ighland Lake.
The aesthetic beauty anc� w�ter Guality of our Por_d has de±eriorated significantly in the
past few years because of bacteria, weeds and fungus, at times causing a very foul odor.
Repeated individual attempts by residents to seek relief of this problem with their
individual municipalities have resulted in a variety of bureaucratic double talk and finger
pointing at the DNR and the individual municipalities.
Recent information from the DNR reveals that we can take reasonable maintenance action
to the pond without any permits. The P3 are willing to take this action but feel that the
municipalities of Columbia Heights and Fridley should share in the cost of this action
because of the aforementioned role the Pond plays with Highland Lake.
We feel our first course of action should be the addition of chemicals or bacteria balls into
the Pond to limit the growth of weeds and the forming of fungus. Listed below are three
estimates for this action. Recognizing this process must be completed before May 15,
1998 in order to be effective for this summer, and also recognizing that city government
moves slowly, we are proceeding with the action.
It is our desire that Columbia Heights and Fridley will reimburse P3 for 50% of the cost
of this activity and continue to do so each year. We also continue to welcome the
techriical advise from Columbia Heights' a*�d Fridley's Director's of Publi� Works.
Company/Address
1. Lake Management
2. Mid West Aqua Care,, Inc.
3. Bioverse
Estimates
2.03
Cost, 1 st Year
$2,100.00
1,590.00
1,565.00 (3 treatments)
Resident's Name/Signature
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P3 Members
Roxane Kavaloski and Gary Hargroves �
S 173 St Moritz Dr.
572-3935
Dale and Mary Bowen
S 181 St Moritz
574-0576
Bilt and Jean Juergens
1925-Innsbruck Pkwy
571-4551
Arthur and Julie Meadowcroft
512 6-St Moritz Dr.
572-9868
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Chuck and Charlene Johnson `�
5273- St Moritz
574-2344
Pauf and Maggie Haak
51 S 1 St Moritz
The Horrbles
r 1845- Innsbruck Pkwy
The Cambel!'s
1532- Trollhagen Dr.
Devender and Kamlesh Syal
1935- Argonne Drive N.E.
502-0849
The Stroneck's
S 13 S-St. Moritz
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2.05 ,
Lois and Neaf Eggvest �
S 197-St Moritz Dr
Meg and Roger Jones �/
1945-Argonne Dr
571-0691
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Secondarv Pond
; This pond is located on the border of Columbia Heights and Fridley,
north of Highland Lake. The drainage area directly tributary is 11 acres
and the water surface area is approximately 1.8 acres. Highland Lake
, currently discharges into this pond� which results in a total drainage
area of 204 acres. The outlet is a gated structure on the north end �
controlled by the City of Columbia Heights, which discharges into the
storm sewer under Trollhagen Drive and moves east to Tertiary Pond, which
is in the Rice Creek Watershed District.
This pond is of sufficient size to store the local 100-year 10-day
stormwater runoff with no outflow. The normal spring elevation is
recommended to be at an elevation of 991 or below to protect the
homeowners around Tertiary Pond. The duration of the critical storm is
long enough to ensure that city personnel will have �sufficient time to
open the outlet as necessary to prevent damage to surrounding structures
should the water rise too high.
The ratio of the local drainage area to the water surface area is too
low to expect the normal level to be maintained without additional water
being imported from Highland Lake. Therefore� it is recommended that the
outlet from Highland Lake to this pond be maintained.
Secondary Pond is located in a residential area completely surrounded
by homes. Since the pond is eutrophic, the value of this pond is purely
aesthetic and as such the water quality demands are limited to the
prevention of algal blooms and undesirable odors. Since the pond has not
experienced serious water quality problems in the past, the desire is to
maintain the pond's present condition.
2.�7
CITY OF FRIDLEY
PLANNING COMMISStON MEETING, JUNE 17, 1998
. � �-� �
Chairperson Savage called the June 17, 1998, Pianning Commission meeting to order
at 7:33
�3�1���_I��
Members Present: Diane Savage, Dave Kondrick, LeRoy Oquist, Dean Saba,
Larry Kuechle
Members Absent: Connie Modig, Brad Sielaff
Others Present: Scott Hickok, Planning Coordinator
Tim Yocum, 2719 Stillwaer Rd., Stillwater, Yocum Oil
Jon Yocum, 2719 Stillwater Rd, Stillwater, Yocum Oil
Tony Yocum, 9585 Bluegill Rd, Woodbury, Yocum Oil
Barb Schneider, 1405 Rocky Lane, Eagan,
Doug Sinclair, 234 Kennard St., St. Paul, Tenant Services, Inc.
Andrea Drake, 4061 Highway 65, White Bear Lake
Tony Yocum, 2719 Stillwater Rd., St. Paul, Yocum Oil
AI Quam, 399 - 73`� Avenue, Fridley
Michael Radovich, 1171 Englewood Ave, St. Paul, CeIINet
Susan Faurer, 2010 W. 21� St.� Minneapolis, CeIINet
Tom Frerich, 414 Nicollet Ave., Minneapolis, CeIINet
Paula Beck, 150 S. 5�' St., Minneapolis. CeIINet .
:..:� : • ••; ' __► � •u •► ►� ►
MOTION by Mr. Oquist, seconded by Mr. Kondrick, to approve June 3, 1998, Planning
Commission minutes as written.
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED
THE MOTION CARRIED UNANIMOUSLY.
1. PUBLIC HEARING• CONSIDERATION OF SPECIAL USE PERMIT. SP #98-07.
BY TIM YOCUM YOCUM OIL COMPANY. INC.:
To allow an automobile service station, motor vehicle car wash, and a"drive-in"
type of establishment on Tract A, Registered Land Survey No. 78, generally
located at the southeast comer of 73'� Avenue and University Avenue
3.01
�
M TI N by Mr. Kondrick, seconded by Mr. Kuechle, to waive the reading of the public
hearing notice and to open the public hearing.
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED
THE MOTION CARRIED AND THE PUBLIC HEARING OPENED AT 7:35 P.MN.
Mr. Hickok stated Tim Yocum of Yocum Oil has requested a special use permit to allow
a motor fuel operation and a car wash for the proposed development at the southeast
corner of the University Avenue and 73rd Avenue. A sign variance has also been
requested to allow an additional 40 square feet to a free-standing sign on this site.
Mr. Hickok stated the property is zoned C-2, General Business. The property is
surrounded by M-2, Heavy Industrial, to the east and southeast; some M-1, Light
Industrial, and C-2, General Business, across University; and a mix of R-2, Two Family
Residential, and R-1. Single Family Residential to the north.
Mr. Hickok stated the code requires a special use permit for an automobile service
station and motor vehicle fuel and oil dispensing services. The petitioner has made it
clear that they do not intend to operate a service station in conjunction with this
proposal. The application is for the motor vehicle fuel and oil dispensing services
section of the code. The code also requires a special use permit for a motor vehicle
wash establishment. The petitioner is proposing to construct a 1,600 square foot brick,
block, and glass drive-through car wash at the southwest comer of the site. Included in
the proposal is a 4,968 square foot brick, block, and glass building with a standing
seam metal roof. Taco Bell and Texaco convenience store will share the use of the
building. A canopy with 16 fuel pumping stations is also proposed
Mr. Hickok stated that in 1997, this site was rezoned from M-2, Heavy Industrial� to C-2,
General Business. At that time of the rezoning, Joel Hardi�g of Dolphin Development
presented a site plan that was nearly identical to the current proposal. A drive-through
for Taco Bell has been proposed behind the convenience store and restaurant building.
In order to accommodate the drive-through and screen it from the neighborhood and
provide proper stacking distance for cars waiting at the menu board, the building was
moved closer to University Avenue. That distinction is different from the original site
plan by Joel Harding.
Mr. Hickok stated a berm and landscape plan has been submitted to provide that
screening. This has been in an effort to keep this use separate from the neighborhood
to the north and to somewhat mimic the natural vegetation and conditions that currently
exist on the site.
Mr. Hickok stated no doors have been planned on the back side of the building to
eliminate the possibility of rear deliveries on site. Again, this was done to minimize the
3.02 ;� ��:
impacts of this use on the adjacent site. However, the Building Inspection Department
may require a door for an emergency exit only.
Mr. Hickok stated that the sign variance went before the Appea(s Commission on June
10, 1998. A motion to approve the sign variance from 80 square feet to 120 square feet
failed by a 2-2 tie vote. Both the sign variance and the special use permit will go to the
City Council on July 13, 1998.
Mr. Hickok stated the staff is recommending that the Planning Commission approve this
special use permit with the following stipulations:
1. All signs shall be reviewed and approved by staff to assure compliance with Chapter
214 of the City Sign Code.
2. The petitioner shall submit a performance bond in the amount of 3% of the
construction costs prior to issuance of a building permit.
3. The petitioner shall install underground irrigation for the landscape areas
surrounding the site.
4. The petitioner shall comply with all outdoor storage requirements.
5. The petitioner shall comply with all outdoor sales and storage provisions of Chapter
205 of the City Code.
6. The petitioner shall install all waste trap and filtration devices as required by the
Building Code for Car Wash facilities.
7. The petitioner shall install adequate informational signage on site to assure proper
flow of traffic around the building and to assure that cars stacked waiting entrance
into the drive-through or car wash do not block circulation .on site.
8. The petitioner
9. The petitioner shall assure that all use of the intercom on this site is for instructional
and emergency purposes only. Intercom volume shall be set so intercom message
does not carry beyond the property.
10. All parking stall dimensions shall meet the Code required specifications.
11.A photometric lighting plan shall be submitted to allow a review of the lighting design
and allow staff to analyze impacts to the nearby residential neighborhood.
12. All canopy faces shall be restricted to the light from within the signs; no additional
canopy face lighting shall be permitted.
3.03
�
13. The car wash window openings shail be filled with giass block.
Mr. Hickok stated the building, as proposed, will sit at an angle at the northeast comer
of the site. The drive-through goes around the north side of the building and exits to a
new right-in, right-out access point onto 73'° Avenue. The drive has been landscaped
bot(� inside and outside the drive to downplay the building and the use on the site.
Mr. Hickok stated the pump islands are in front of the convenience store with a covered
canopy. The 1,600 square foot car wash facility is located adjacent to University
Avenue on the southwest edge of the site. A holding pond is located In front of the site.
Mr. Hickok stated the building has been designed tastefully with an architectural
combination of brick and stucco. The building has a residential-style roof that helps
downplay the commercial "flat-roof appearance and to blend better with the residential
area.
Mr. Hickok stated the car wash architecturally mimics the principal building. There are
windows on the U�iversity Avenue side of the car wash building. The proposed glass
windows are a nice architectural treatment as they break up what could be a very plain
facade. However, in reviewing this site and other sites, staff was concerned that glass
windows are very nice when they are new, but as the car wash ages, humidity is
inevitable. The windows won't stay clean; they will become foggy, taking on an
unkempt appearance. The interior of the car wash will also look very nice at first� but as
the mechanisms begin to rust, the interior of the car wash is not as presentable as it
was when it was new. For these reasons, staff is recommending (in stipulation #13)
glass block instead of the clear glass. Staff believes that glass block would still provide
the daylight and minimize the "tunnel" effect for those people who become
claustrophobic in car wash situations. Glass block would still look nice on the outside
architecturally but it would not allow the unsightliness as the car wash ages.
Ms. Savage asked about the Appeals Commission's decision on the sign variance.
Mr. Hickok stated four members were in attendance at the Appeals Commission who
discussed the sign variance from 80 square feet to 120 square feet for a combination
Taco Bell/Texaco logo, a insignia for a cash machine, and the fuel prices. Two
members voted in favor of the variance and two members voted to deny the variance.
Mr. Tim Yocum, Yocum Oil Company, stated he is at the meeting with other family
members and partners in the development. He stated Yocum Oil is a family business,
founded in 1959 by his grandfather, and it is now owned and operated by family
members. The business they own and operate is a full service and
distributorship. The part that is before the Planning Commission is part of their Texaco
wholesaler operation and gas/convenience operation. They own and operate seven
gas/convenience stores, and they are also a wholesaler for other dealers. They rely on
strong dealers and quality operators, and one of the people they were trying to convert
3.04
into their network was Andrea Drake, He stated Andrea Drake has been in business
since 1974 with two oil Amoco gas/ convenience/Certicare service stations/diagnostic
centers in North Oaks and White Bear Lake. Yocum Oil operates gas/convenience
stores in Maplewood, Eagan, Inver Grove Heights, Shoreview, Turtle Lake, Wisconsin,
Cottage Grove, and one under construction in Lakeview.
Mr. Tim Yocum stated they had been working with Dolphin on a number of different
projects, and Dolphin brought this site to their attention. He stated they then tried to
take the project that had already been approved and mirror it the best they could. They
have worked with their architects and engineers to try to address any issues from the
past.
Mr. Tim Yocum stated the site was too big to take on by themselves so they started
looking for another user, and Taco Bell was interested in being a co-tenant on this
project. He stated he believed their architects have designed a building that is
consistent with what the neighborhood demands and what the consumers and traffic
along Highway 47 demand. They have tried to create a building that is very attractive,
yet be a new image which will set a new trend in the City of Fridley.
Mr. Tim Yocum stated the car wash building is also consistent with what they tried to do
with the main building. He stated there are a couple of reasons why they would like to
have clear glass instead of glass block windows n the car wash:
1. Securifiv - The ability to see into the car wash provides a great advantage for them
and their customers for security reasons. Also, some customers get a little
claustrophobic in a car wash, and it gives them a sense of security to be able to look
outside and see what is going on around them.
2. Marke�g - To drive down University Avenue and to see that there is activity in the
car wash is a very important marketing tool for them.
Mr. Tim Yocum stated that in asking their Director of Operations about glass block, his
comment was that it has been considered, but in doing their research, they found that it
mildewed too often and there was mold in the grout between the glass blocks. The
entire interior of the car wash will be built with cleanable services. As is typical for a lot
of car washes, they use a apoxy paint which covers the walls and provides some
protection. They are now switching over to a product called Sanitel� which is a smooth
seal-coated covering over the blocks which provides a strong protection against the
acids beyond what the apoxy paints can provide.
Mr. Tim Yocum stated they are proposing a 80 foot long car wash building, longer than
the typical 46 ft. length. The mini-tunnel car wash does provide a lot more ventilation.
Also, with the 80 feet, there is more radiant heat which controls the temperature better
and control the steam and fog. They are spending more money on the car wash for a
reason—they want to have a quality car wash and reduce the wait time for consumers.
3.05
Mr. Tim Yocum stated he would also like to address the building signage. Before going
to the Appeals Commission, he did ask their architect what is the allowable building
signage they would need if the City denied the variance. With the three street
frontages, they could have 1,300 square foot of building signage. They are proposing
around 300 square feet of building signage. For their architectural design, that is more
reasonable. They reduced the variance for the free-standing sign to reduce the clutter
of signage on the building. That also blends in with the entire site plan and landscaping
plan they are trying to create and the kind of services they are trying to provide inside
the store. .
Mr. Tim Yocum stated that, typically, they have a lot of cameras inside the car wash
and the store to provide more security for their employees and customers.
Mr. Kondrick stated he liked the project. He liked the design and the brick; however, he
wondered if it would be possible to have this brick match other brick buildings along
University, such as the new Walgreen building that is being constructed, so there is
some continuity. Maybe this could be coordinated with staff.
Mr. Tim Yocum stated that is something that could be discussed.
Ms. Savage stated she did not necessarily agree that all the buildings had to be uniform
as far as type of brick and color.
Mr. Oquist asked Mr. Yocum if they had considered any combination of glass block and
window glass, or even frosted glass.
Mr. Tim Yocum stated they have looked at a kind of tinted window that would not show
any mildew or scum.
Mr. AI Quam, 399 - 73ro Avenue, stated he would like to see this building be consistent
with the adjacent existing developments. He would be concemed about having a door
in the back of the building. If a door is put in, the neighbors would like to see how it is
going to look. He wanted to make sure the berm in back of the building is adequately
high, adequately landscaped, and adequately maintained. A sprinkler system is not a
guarantee that the landscaping will be maintained. He wanted the assurance that
Yocum Oil will truly follow this plan and build the berms the way they are proposed.
Northco did not do that across the street.
Mr. Oquist stated that regarding the door in back of the building, staff has explained that
the only door that might go in there is an emergency door.
Mr. Hickok stated an emergency door may be required by the building code. If a door is
required, he believed it would be a steel door and painted out so it would be
unobtrusive. It would not be used for deliveries.
3.os
Mr. Tim Yocum stated he did prepare an elevation drawing from approximately the
location of Mr. Quam's house looking down west on 73'� Avenue. This would show the
elevation of the buiiding in relation to the street elevation. It shows the height of the
berm with landscaping on top. With the berm and the additional screening, the lights
from cars should go right into the berm.
MOTION BY Mr. Kuechle, seconded by Mr. Kondrick, to close the public hearing.
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED
THE MOTION CARRIED AND THE PUBLIC HEARING CLOSED AT 8:20 P.M.
Mr. Saba stated that he liked the project. He personally did not have any problem with
the glass windows since there is not that much glass. Since staff has recommended
the glass block, he would like to see the petitioner work with staff to try to resolve the
glass issue.
Mr. Oquist stated he would agree with Mr. Saba. This is a very well thought out project.
The landscaping plan is very nice. The only issue is the glass, and maybe there are
some alternatives that can be worked out with staff.
Mr. Kondrick stated he also agreed. It is going to be a nice project for this area.
Mr. Kuechle stated he would be willing to change stipulation #13 to state that the
petitioners should work with City staff to mitigate the problem of the windows.
Ms. Savage stated that maybe they should just leave stipulation #13 as recommended
by staff and let the petitioner and staff work this out. She also did not see the glass
windows as being a big problem. She goes to car washes a lot and she did not see the
need for that feeling of security. She did not even see the need for windows. How
does the Commission want to handle this?
Mr. Kuechle stated he would like stipulation #13 to be explicit that the petitioner has to
work out the details on the windows with City staff.
The Commissioners agreed.
MOTION by Mr. Kondrick, seconded by Mr. Kuechle, to recommend to City Council
approval of special use permit, SP #98-07, by Tim Yocum of Yocum Oil Company, Inc.,
to allow an automobile service station, motor vehicle car wash, and a°drive-in" type of
establishment on Tract A, Registered Land Survey No. 78, generally located at the
southeast comer of 73'� Avenue and University Avenue with the following stipulations:
1. All signs shall be reviewed and approved by staff to assure compliance with Chapter
214 of the City Sign Code.
3.07
=
2. The petitioner shall submit a performance bond in the amount of 3% of the
construction costs prior to issuance of a building permit.
3. The petitioner shall install underground irrigation for the landscape areas
surrounding the site.
4. The petitioner shall comply with all outdoor storage requirements.
5. The petitioner shall comply with all outdoor sales and storage provisions of Chapter
205 of the City Code.
6. The petitioner shall install all waste trap and filtration devices as required by the
Building Code for Car Wash facilities.
7. The petitioner shall install adequate informational signage on site to assure proper
flow of traffic around the building and to assure that cars stacked waiting entrance
into the drive-through or car wash do not block circulation on site.
8. The petitioner
9. The petitioner shall assure that all use of the intercom on this site is for instructional
and emergency purposes only. Intercom volume shall be set so intercom message
does not carry beyond the property. �
10. All parking stall dimensions shall meet the Code required specifications.
11.A photometric lighting plan shall be submitted to allow a review of the lighting design
and allow staff to analyze impacts to the nearby residential neighborhood.
12.A11 canopy faces shall be restricted to the light from within the signs; no additional
canopy face lighting shall be permitted. �
13. The petitioner shall work with City staff on a reasonable solution for the car wash
window openings.
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED
THE MOTION CARRIED UNANIMOUSLY.
2. PUBLIC HEARING: CONSIDERATION OF SPECIAL USE PERMIT. SP #98-09.
BY CELLNET DATA SERVICES (J�SP). INC.:
To allow wireless telecommunication facilities in an M-2, Heavy Industrial District,
generally located at 40 - 77�' Way
MOTION BY Mr. Kondrick, seconded by Mr. Saba, to open the public hearing.
3.08 _ _
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED
THE MOTION CARRIED AND THE PUBLIC HEARING OPEN AT 8:30 P.M.
Mr. Hickok stated CeIINet Data Services has requested a special use permit to aliow
the installation of a wireless telecommunications facility on an existing electrical tower.
The tower is owned by NSP and is located on the Johnson Printing property at 40 - 77�'
Avenue. A smalE 4 foot by 4 foot fenced compound will be required as part of this
proposal. The property is zoned M-2, Heavy Industrial. The property is surrounded by
M-2, Heavy Industrial, on the east, southeast, north and across the rail line. R-3,
General Multiple, M-1, Light Industrial, and R-1, Single Family Residential zonings are
farther south across the rail line.
Mr. Hickok stated that in November 1997, the City adopted Ordinance No. 1112
regarding telecommunication towers and facilities. The ordinance identifies permitted
sites for telecommunication towers. Several sites have been identified as an overlay on
the City's zoning map. Outside of those permitted locations, towers and facilities may
be permitted in the M-1 through M-4 districts by special use permit. Ordinance No.
1112 is very specific about location, approval process, plan requirements, landscape
requirements, access drive locations, lighting, etc. The ordinance, however, will require
modification to allow the micro-cell technology that is proposed to communicate with the
master cell before the Commission at this meeting.
Mr. Hickok stated micro-cell devices provide an automated meter reading system for
NSP. After Ordinance No. 1112 has been modified to provide for these devices and the
controllers have been installed, the customers will have automated meter reading
mechanisms. NSP's meter readers, for a short period, will continue to manually read
the meters to make sure the system is functioning properly, but this automated meter
reading system will certainly streamline NSP's process. Numerous locations have been
identified for controller devices in the City of Fridley. What is being proposed for a
special use permit is a master cell that would communicate with all these locations.
Mr. Hickok stated staff is recommending approval of this special use permit with the
following stipulations:
1. The petitioner or successors shall install and maintain the proposed equipment so
that it blends into the surrounding environment.
2. A non-corrosive finish shall be used to match the color of the existing structure.
3. The tower shall not be artificially illuminated except as required by the Federal
Aviation Administration (FAA).
4. A city staff approved landscape plan shall be filed with the City prior to issuance of a
building permit for this facility.
3.09 ._;�a .
�
5. The facility shail be designed to discourage unauthorized entry.
6. A building permit shall be obtained prior to commencement of installation of any
facility equipment on this site.
7. No signs other than warning or equipment information signs are permitted as part of
this application.
8. The petitioner or successors shall initiate a text amendment to the City of Fridley's
Ordinance No. 1112 as it relates to the placement of micro-cell facilities in the
community.
Mr. Oquist asked why there is a need to modify the ordinance.
Mr. Hickok stated at the time the City adopted the ordinance, it was looking at the first
round of technology, the T-2, large tower technology, and it anticipated that T-2, the
micro-soft technology was coming. The initial surge the City got from the vendors was
the need for the tower locations. CeIINet Data Services is the first to move to the micro-
soft technology which the ordinance has not yet addressed.
Mr. Tom Frerich, CeIINet Data Services, stated the purpose of this whole entire system
was created as an extension to the existing utility system in operation today. He did not
think it was a surprise to anyone in the room that the Attomey General's Office
scrutinizes the billing practices of NSP on a monthly basis. It is a matter of public
record. He did think there has been a lot of concerns over the years in terms of
estimating bills and curbing of readings, etc. As they move forward into the 90's and
the year 2000, there are a lot of guidelines and recommendations from the MPUC
(Minnesota Public Utilities Commission), etc., recommending that utilities offer large
industrial and industrial users and individual consumers with better rate plans. All of
this is currently on a voluntary basis to the utility companies; however, in the future and
as they move toward deregulating the market, it will become more crucial, especially
with the influx of bigger players from other markets, to become the new provider of
electrical services.
Mr. Frerich stated CeIINet has entered into a contract with CeIINet to provide the type of
meter reading services they need now and in the future, for the consumer to get a fair
and accurate bill every month as well as to allow large customers better options in
terms of their billings. CeIINet offers approximately 44 individual types of rates that will
be available to NSP to use and market to the public as well as commercial and
industrial users. It allows NSP to capture data better.
Ms. Savage asked Mr. Frerich if he had any problems with the stipulations as
recommended by staff.
3.10
�
Mr. Frerich stated he had a problem with stipulation #8, and he would ask that this
stipulation be deleted. His reason for that is if you look at the type of service they are in
now and look at the Ordinance No. 1112, there is a gray or fuzzy area. If they take the
ordinance in accordance with Minnesota Statute 237 which is an extension of the
Telecommunications Act, it essentially allows for companies like CeIINet that are a
direct extension of a utility to be placed in an exempt status from normal
telecommunication. They find they cannot comply with that stipulation at this time.
Mr. Frerich stated Paula Beck, one of CeIINet's general counselors, could better explain
this.
Ms. Beck stated these are two separate issues and the stipulation for a text amendment
does not relate to what they are actually asking for which is a special use permit to
install 3 foot x 3 foot cell master box. Minnesota Statute 237 carves out a small group
of services that use telecommunications-type technology, but, in fact, serve utilities.
Mr. Hickok stated staff sees the two issues as being connected. The master cell is
meant to communicate with the other cells out in the community and as far as the
interpretation of the Statute, the City's legal counsel does not concur with CeIINet's
interpretation and, therefore, has recommended that they hold fast to the modification
to Ordinance No. 1112 that would allow that technology.
Mr. Frerich stated they do acknowledge that there is some distinction or cooperative
efforts between MCC and the cell master; however, they still believe these are two
distinct issues. In the large majority of the metropolitan area, NSP has represented
them at these kinds of ineetings and has been able to clearly demonstrate that Ce11Net
is an extension of its senrices and is exempt from any special language or ordinances.
They also feel at this time that they are not prepared, other than to say they are holding
fast to Statute 237, to address the MCC issue. He represents the cell master group
and works with City Councils around the community, and he does not always handle
the micro-cell issues. '
Ms. Susan Faurer, legal counsel for CeIINet, stated she just received the staff report
that day that included this stipulation, and her question was how the two issues can be
brought together for this meeting. It is her understanding that there is a separate
application process for the text amendment.
Mr. Hickok stated a separate application for a text amendment is what is being
requested in stipulation #8. That text amendment relates to modifying Ordinance No.
1112 to include the language of the placement of micro-cell facilities in the City. In
terms of connecting the two uses or issues, there is no question that the two are.
connected. He did not think anyone would dispute the fact that tk�e micro-technology is
meant to communicate with this master cell technology. This technology would not
stand alone without the other pieces meant to communicate with it. Staff is saying the
CeIINet needs to take the technology to the next step by moving the ordinance to the
3.11
-i:
�::
next step. Staff is certainly willing to work with them to heip them understand what that
means in terms of a text amendment.
Mr. Oquist stated the Commission could go ahead and recommend approval of the
special use permit with stipulation #8 as recommended by staff, and then CeIINet and
staff can resolve that issue before the City Council. This way the two issues are
somewhat separated, but also linked, and CeIINet can move ahead with the special use
permit process.
Ms. Faurer stated it would be best if the Commission could act on the special use
permit for the cell master at this site as it was submitted, because it is useful to NSP
regardless of the installation of the MCCs. Then, they would be willing to work with staff
on City staff and legal counsel on the MCC issue.
Ms. Faurer stated she felt the issues were pretty complicated because of the
technology. But, in an effort to simplify the issues, they submitted a special use permit
for the installation of a cell master at an antenna site. The City is combining another
issue with it that is not resolved, and it is kind of complicated on a technological level.
There is also the legal issue of combining the two as well as the state law which has
been raised and not been completely explored as to the actual authority to regulate
CeIINet's installation of MCCs. That is really what is complicated this. As an extension
of NSP, an argument can be made that the City has no authority to regulate the MCC
application. That argument can also be extended to the installation of the cell master;
but without that issue resolved, the would like to get the special use permit issue
resolved first.
Mr. Hickok stated he disagreed with the separation of stipulation #8. Mr. Frerich has
stated they cannot comply with stipulation #8 and believes the installation of the cell
master may be followetl by installation of the other equipment without modification to
the text. The modification to the text is very important as it relates to CeIINet's
installation of other equipment. The City needs to treat telecommunication wireless
vendors the same. Staff believes it is very important that the master cell and the micro-
cell issues be recognized and be tied together.
Mr. Kuechle stated he would also suggest that the Commission recommend approval of
the special use permit request with stipulation #8. This would give the petitioners
almost a month to resolve the issue before the City Council meeting.
Ms. Faurer stated that stipulation #8 does not give them any guidance as to what this
ordinance amendment would even encompass.
Mr. Hickok stated stipulation #8 says that the petitioners shall apply for a text
amendment to the Ordinance No. 1112. That doesn't necessarily mean that CeIINet
would have to come up with the language, but rather City staff would modify the text to
accommodate CeIINet's facilities.
3.12
Mr. Faurer stated this is a timing issue as well. They are here asking for a special use
permit for the cell master. Would they then be in a similar situation of having to petition
for a special use permit for the micro-cell facilities? Would they be starting at ground
zero again?
Ms. Savage stated the Planning Commission merely makes a recommendation to the
Council, and the Council takes the final action on July 13. So, they have from now until
July 13 to resolve that issue.
Mr. Oquist stated it is possible that the text amendment could be written so that CeIINet
would not have to ask for a special use permit for its micro-cell facilities.
Mr. Frerich stated if they use Mr. Hickok's analogy that the micro-cell controller is an
extension or is diabolically intertwined with the cell master, then, ultimately, all this�falls
into category, and they, in essense, should be addressing the language in
Ordinance No. 1112 to include not only MCCs but cell masters as an extension. They
then would not need to proceed farther with the special use permit.
Mr. Hickok stated the master cell application is on the tower and is directly related to the
language about towers and applying for special use permits in industrial districts, which
this is, and CeIINet followed the correct process for a special use permit. S�aff has
been communicating with NSP since November 1997, so NSP should not be surprised
by the fact that Fridley City staff has talked about this micro-cell text amendment since
the adoption of the ordinance. The finro issues are truly tied together, and City's legal
counsel disagrees that the MCC issue is as CeIINet staff have described it.
Mr. Frerich stated he wanted to make one more clarification. CeIINet has an agreement
with NSP to provide this service. CeIINet is also obligated to seek any approvals that
are necessary. Although NSP likes to represent themselves in the community, CeIINet
has never given NSP any written or verbal approval to speak or act on behalf of
CeIINet.
Mr. Frerich stated that regarding the timing issue addressed by Ms. Faurer, NSP has
set up the areas they want to automate, and they are waiting right now to automate
Fridley. CeIINet has contractual obligations to NSP and they either perform the
services according to NSP's schedule or file for an exemption to bypass Fridley and
either approach it closer to the year 2000 or exempt it permanently. He did not really
want to exempt Fridley when all Fridley's neighbors will have these automated services.
Mr. Hickok stated the text amendment will not happen before this special use permit
goes to City Council on July 13. The text amendment would follow the same process
as other text amendments. As long as the petitioners make the application, staff will
start the standard text amendment process.
3.13
MOTION BY Mr. Oquist, seconded by Mr. Saba, to close the pubiic hearing.
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED
THE MOTION CARRIED AND THE PUBLIC HEARING CLOSED AT 9:10 P.M.
Mr. Kuechle stated he would recommend that the Commission recommend approval of
the special use permit with stipulation #8 as recommended by staff. He stated there is
no question that the two issues are connected. One without the other is almost
useless. By recommending approval and requiring the text amendment, they actually
speed the process along as quickly as possible for the petitioner. This gives the
petitioners almost a month before the Council meeting to work out any details with City
staff and legal counsel.
M TI N by Mr. Kondrick, seconded by Mr. Kuechle, to recommend to City Council
approval of special use permit, SP #98-09, by CeIINet Data Services (MSP), Inc, to
allow wireless telecommunication facilities in an M-2, Heavy Industrial District, generally
located at 40 - 77�' Way with the following stipulations:
1. The petitioner or successors shall install and maintain the proposed equipment so
that it blends into the surrounding environment.
2. A non-corrosive finish shall be used to match the color of the existing structure.
3. The tower shall not be artificially illuminated except as required by the Federal
Aviation Administration (FAA).
4. A city staff approved landscape plan shall be filed with the City prior to issuance of a
building permit for this facility.
5. The facility shall be designed to discourage unauthorized entry.
6. A building permit shall be obtained prior to commencement of installation of any
facility equipment on this site.
7. No signs other than warning or equipment information signs are permitted as part of
this application.
8. The petitioner or successors shall initiate a text amendment to the City of Fridley's
Ordinance No. 1112 as it relates to the placement of micro-cell facilities in the
community.
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED
THE MOTION CARRIED UNANIMOUSLY.
� -- � ' " : - � ' � • ► � • ► u ��I►C�3�II�Iij���i
_
3.14 :': �
M TI N by Mr. Kuechle, seconded by Mr. Oquist, to receive the May 27, 1998,
Appeals Commission meeting minutes.
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED
THE MOTION CARRIED UNANIMOUSLY.
' � � �►
M TI N by Mr. Oquist, seconded by Mr. Kondrick, to adjourn the meeting.
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED
THE MOTION CARRIED AND THE JUNE 17, 1998, PLANNING COMNIISSION
MEETING ADJOURNED AT 9:15 P.M.
Respectfully Submitted,
Lynne Saba
Recording Secretary
3.15;
City of Fridley
TO: William W. Burns, City Manager � l"
� �
FROM: John G. Flora, Public Works Director
DATE: July 13, 1998
SUBJECT: MSAS Construction Funds for Local Roads
PW98-139
We have been working with the State Aid office this year regarding the completion of our State Aid system.
Currently, we are in the process of responding with additional information addressing the condition and any
exceptions associated with the current MSAS designations within the City of Fridley.
To obtain MSAS funds for use on local roads, Minnesota Rules 8820.1800 requires a resolution from the
council, As a means of expediting the review process and receiving funds for the rebuild of Haclrniann
Avenue and Hackmann Circle, recommend the City Council adopt the attached resolution requesting the
use of MSAS funds for our local streets, Hackmann Avenue and Hackmann Circle.
JGF:cz
Attachment
4.01
RSSOLIITION NO. -1998
RESOLIITION RI�QIISSTING MQNICIPAL STAT$ AID SYSTSM CONSTRIICTION FUNDS FOR
OTHER LOCAL US$
WHEREAS the City of Fridley receives Municipal State Aid System (MSAS) funds
for construction and maintaining 20� of its City streets, and
WHEREAS 25.31 MSAS miles are currently authorized, and
WHEREAS 25.22 MSAS streets have been built or resurfaced since 1988, and
WHEREAS the City currently has 100.32 municipal streets that require
maintenance and upgrade, and
WHEREAS the majority of these streets have insufficient strength and poor
surface drainage, and
WHEREAS it is proposed to systematically install concrete curb and gutters for
improved surface water drainage and additional strength to the streets for
traffic survivability, and
WHEREAS the City State Aid routes are improved to State Aid standards and are
in an adequate condition that they do not have needs other than additional
surfacing, and
WHEREAS it is authorized by MN Rules 8820.1800 to use part of the MSAS
construction appropriation of our City's State Aid allocation on local streets
not on the approved State Aid system, and
WHEREAS the City proposes to install a new water line and rebuild the street in
the process, and
WHEREAS it is proposed to use a portion of the City's population allocation
funds to upgrade the local street, towit: Hackmann Avenue and Hackmann Circle,
and
WHEREAS the City indemnifies saves and holds harmless the State of Minnesota
and its agents and employees from claims, demands, actions or causes of action
arising out of or by reason or matter related to constructing the local street
as designed, and
WHEREAS the City further agrees to defend at its sole cost any claims arising
as a result of constructing the local street, and
WHEREAS the final approval of the State Aid for Local Transportation Division
is therefore given.
NOW THEREFORE BE IT RESOLVED that the City of Fridley, Anoka County, Minnesota,
requests the release of MSAS construction funds for the upgrade and
reconstruction of City municipal streets, towit: Hackmann Avenue and Hackmann
Circle.
PASSSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS H DAY ,
1998.
ATTESTED:
WILLIAM A. CHAMPA - CITY CLERK
4.02 .
NANCY J. JORGENSON - MAYOR
City of Fridley
TO: William W. Bums, City Manager �� PW98-124
�
FROM: John G. Flora,� ublic Works Director
Jon H. Haukaas, Assistant Public Works Director
DATE: June 8, 1998
SUBJECT: Joint Powers Agreement - Central Avenue Improvement
The County has sent us a Joint Powers Agreement (JPA) for the County improvement of Central Avenue
(CSAH 35) from Osborne Road (CSAH 8) to Rice Creek and a mill and overlay of Central Avenue from
Rice Creek to 300 feet north of Highway 65. The Joint Powers Agreement outlines the design and cost
sharing for the reconstruction.
This project calls for widening Central Avenue 8 feet to the west, adding concrete curb and gutter, a
bituminous bike path and storm water improvements.
The County project is estimated at $2,261,862.76. The City of Fridley's shaze of the project is estunated
at $594,437.76.
Watermain and sanitary sewer adjustments . . . . . . . . . . . . . . . . . . . . . . $ 45,562.72
Storm sewer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 393,385.51
Concrete curb and gutter . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15,409.30
Bikeway ................................................... 79,292.80
Internally lit street name sign . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16,755.00
Engineering .............................................. 44,032.43
The City intends to use off-system Municipal State Aid funds to pay for the improvement. Included in that
is the bike path on the west side of Central Avenue to connect last year's project through to the Osborne
Road path. .
It has been the City's policy to assess for the concrete curb and gutter on all improvement projects which
do not have concrete curb and gutter. The rate for this project is $11.00 per front foot. The public hearing
on the assessment was held on May 18, 1998.
As a means of proceeding with this project, recommend the City Council authorize the Mayor and City
Manager to execute the Joint Powers Agreement.
5.01
JHI3/JGF:cz
July 7, 1998
Mr. John Flora
Public Works Director
City of Fridley
6431 University Avenue N.E.
Fridley, MN 55432
COUNTY OF ANOKA
Public Services Division
HIGHWAY DEPARTMENT
1440 BUNKER LAKE BLVD. N.W., ANDOVER, MINNESOTA 55304
(612) 862-4200 FAX (612) 862-4201
From the desk of
DOUGLAS W. FISCHER, PE
ASSISTANT COUNTY ENGINEER
(612) 862-4237
d wfischer@pubserv.co.anoka.mn.us
RE: SAP 02-b35-08, SAP 02-635-10
Rsconstruction of CSAH 35 (Central Ave.) fiom Osborne Road to 81� Avenue
Widen and Overlay of CSAH 35 from Rice Creek to Osborne Road
Mill and Overlay of CSAH 35 from 300 m north of TH 65 to Rice Creek
Dear John:
Enclosed please find a Draft Joint Powers Agreement for the reconstruction and rehabilitation of CSAH 35 in the
City of Fridley. Please note that the items of work to be paid by the city are eligible for State Aid fimds. The
storm sewer mainline cost distribution was based on the amount of system taps or direct flow coffiections from
outside the highway right-of-way. The City's share was based on 32 cfs of the total 69 cfs (or 46%). We are
asking that the City review and approve the project plans and Joint Powers Agreement at your next available
council meeting so that the County can award this project at its July 14, 1998 County Board Meeting.
We hope that this project meets with the City's approval, however, if you have fi�rther questions or need any
additional informatioq please feel free to let me lmow.
Sincerely,
I /���
�
Douglas W. Fischer,
Assistant County Engineer
xc: Alonzo Fernandez, Contracts Administrator
5.02
Affirmative Action / Equal Opportunity Employer
� � � IC..EY Z✓C� .4
� -
Anoks Camty Caadract Na 980520
JOINT POWERS AGREE�N'T
FOR THE IMPROVEMENT OF COUN'IY STATE AID HIGHWAY N0. 35 (CENTRAL AVENUE)
FROM TRUNK HIGHWAY 65 TO 81ST AVENUE
PROJECT NO.:S.A.P. 02-635-08
S.A.P.02-63�-10
MSAP 127-020-21
- MSAP 183-020-05
This agreement made and entered into this 12th day of May, 1998, by and between the County of
Anoka, Staie of Minnesota, a political subdivision of the State of Minnesota, 2100 Third Avenue North,
Anoka, Minnesota, 55303, hereinafter referred to as "County", and the City of Fridley, 6431 University
Avenue Northeast, Fridley, Minnesota 55432, hereinafter referred to as the "City".
WlTNESSETH:
WHEREAS, the parties to this Agreement consider it mutually desirable to widen and overlay County
State Aid Highway No. 35 from the Rice Creek Bridge to Osborne Road; and to mill and overlay County
Sta,te Aid Highway No. 35 from 300 meters north of Trunk Highway 65 to the Rice Creek Bridge; and,
WHEREAS, the Anoka County Highway Department has prepared plans and specifications for
S.A.P. 02-635-08 which plans and specifications are dated , and which are on file in the
office of the County Engineer; and,
W�-IEREAS, the parties agree thax it is in their best interest that the cost of said project be shared; and,
WHEREAS, together with the sharing of the cost of construction for the traffic signal installations
and roa.dway, the City will incorporate a bituminous trail, the watermain, sanitary sewer and miscellaneous
utility work to be covered by this Agreement; and,
WHEREAS, Minn. Stat. § 471.59 authorizes political subdivisions of the state to enter urto jourt
powers agreements for the joint exercise of powers common to each.
NOW, TI�REFORE, it is mutually stipulated and agreed as follows:
I. PiJRP SE
The parties have joined together for the purpose of reconstruction of the roadway, installation of
traffic signal systems, construction of storm sewer and miscellaneous utility reallocations on a portion of
County State Aid Highway No. 35. (Central Avenue) as described in the plans and specifications numbered
S.A.P. 02-635-08 on file in the office of the Anoka County Highway Department and incorporated herein by
reference.
II. METH D
The County shall provide all engineering services and shall cause the construction of Anoka County
Project No. S.A.P. 02-635-08 in conformance with said plans and specifications. The advertisemeut of bids
and the acceptance of all bid proposals shall be done by the County. The award of the Contract shall be done
by the County.
III. COST
A. The contract costs of the work, or if the work is not contracted, the cost of all labor, materials,
normal engineering costs, and equipment rental requized to complete the work, shall constitute the actual
"construction costs" and shall be so referred to herein. "Estimated costs" aze good faith projections of the
costs wluch will be incurred for this project. The estimated construction costs aze attached as Exhibit A.
Actual costs may vary and those will be the costs for which the City will be responsible.
B. The estimated cost of the total project is Two Million, Two Hundred Sixty-One Thousand,
Eight Hundred Sixty-Two Dollars and 76/100s ($2,261,862.76). Participation in the construction costs is as
follows:
1. � The City shall pay 100% of the waxermain and sanitary sewer improvements,
relocations and adjustments. The estimated cost of the utility improvements is $45,562.72.
2. The City shall pay their share of the storm sewer mainline conshuction based on
percentage of mainline flow attributed to connecting City owned laterals to the mainline. The Cit}�s ,mainline
participation is estimated at 46%. The estimated construction cost of storm sewer is $988,105.15 of which
$855,185.89 is mainline sewer costs. Of this, the City's estimated share is $393,385.51.
3. The City shall pay 50% of the cost of the concrete curb and gutter constructed within
the City excluding the cost of the median curb and gutter. The total project estimaxed cost of the concrete
curb and gutter construction is $84,071.00, of which the City's estimated share is S 15,409.30. Credit has been
given to existing curb and gutter removed and replaced.
4. The City shall pay 100% of the cost of the newly constructed bituminous trail
{including associated retaining wall). The estimated cost to the City is $79,292.80.
5. The County shall pay 100% of the cost of "in-ldnd" driveway pavement
replacements. The City shall pay 100% of the cost of newly constructed/upgraded driveway pavement. The
estimated cost to the City is $ 0.00 .
6. The City sha11 pay 0% of the cost of the Traffic Signal System Revision at the
intersection of 69th Avenue and County State Aid Highway No. 35 since this signal is a permanent system.
The estimated cost of the Traffic Signal System, including equipment fumished by the County, is $55,320.00,
of which the City's share is $0.00.
7. The City shall pay 100% of the cost of the Internally Lit Signs for the above signal
system. The estimated cost to the City is $16,755.00.
8. The City shall provide construction observation for the relocation and reconstruction
of their utilities and approve for acceptance the work as it is completed.
9. City represeutatives shall observe the configuration of each of the pedestrian curb
ramgs as located in the field in order to satisfy for themselves the conditions for locating the ramps as such
prior to construction.
10. The City shall furnish and deliver to the construction site replacement hydrants for
any hydrant which is being relocated as a part of this project which they want replaced.
C. The total estimated cost to the City for the project is $550,405.33 (see attached Exhi'bit A for
determination of cost participation and attached Exhibit B for the Cost-Sharing Agreement). The City
participation in engineering will be at a rate of 8% of their designated share. The estimated cost to the City
for engineering is $44,032.43. Therefore, the total estimated City cost of the project is $594,437.76.
2
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D. Upon award of the contract, the City shall pay to the County, upon written demand by the
County, 95% of its portion of the construction costs of the project estimated at $564,715.87. The Cit�s share
of the costs of the project shall include only construction and engineering expenses and does not include
administrative e.cpenses incurred by the County.
E. Upon final completion of the project, the City's share of the construction costs will be based
upon actual construction costs. If necessary, adjustments to the initia195% charged will be made ia the form
of credit or additionai charges to the City's share upon the written demand by the County. The remaining S%
of the City's portion of the construction costs shall be paid.
IV. TERM
This Agreement shall continue until termina.ted as provided hereinafter
V. DISBURSEMENT OF FUNDS:
All funds disbursed by the County or City pursuant to this Agreement shall be disbursed by each
entity pursuant to the method provided by law.
VI. CONTRACTS AND PURCHASES:
All contracts let and purchases made pursuant to this Agreement shall be made by Anoka County in
conformance to state laws.
VII. STRICT ACCOLJNTABILITY:
A strict accounting shall be made of all funds and report of all receipts and disbursements shall be
, made upon request by either party.
VIII. T'ERMINAT'ION:
This Agreement may be terminated by either party at any time, with or without cause, upon not less
thau thirty (30) days written notice delivered by mail or in person to the other party. If notice is delivered by
mail, it shall be deemed to be received two (2) days after mailing. Such termination shali ng� be effective
with respect to any solicitation of bids or any purchases of service or goods which occurred prior to such
notice of termination. The City shall pay its pro-rata shaze of costs which the Couiriy incurred prior to such
notice of ternunation.
IX. SIGNALIZATION POWER:
The City shall install or cause the installation of an adequate electrical power source to the service
pad or pole, including any necessary extensions of power lines, and upon completion of said traffic co�rol
signal installation, the ongoing cost of electrical power to the signal shall be at the cost and expense of the
City.
X. AFFIRMATIVE ACITON:
In accordance with the County's Affirmative Action Policy and the County Commissionei's policies
against discrimination, no person shall illegally be excluded &om full-time employment rights in, be denied
the benefits of, or be otherwise subjected to discrimination in the program which is the subject of this
Agreement on the basis of race, creed, color, sex, marital status, public assistance status, age, disability or
na.tional origin. �
3
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XI. h�LAINTENANCE:
A. Maintenance of the completed signal and signal equipment will be the sole obligation of the
County.
B. The County Highway Department shall maintain the traffic signal controller, traffic signal
lamps, loop detectors and associated wiring of the traffic control system at the sale obligation of the County.
C. Painting of the traffic signal system will be the sole obligation of the County.
D. Timing of ihe traffic control signal shall be detennined by the County.
E. Only the County shall have access to the controller cabinet.
F. The traffic control signal shall be the property of the County.
G. The City will be responsible for any electrical power installation and ongoing power cost,
construction costs, luminaire relamping, maintenance, and painting.
H. This maintenance agreement supersedes any previous agreement relative to said signal
undertaken by both the City and the County.
I. Maintenance of the completed watern�ain, sanitary sewer, and storm sewer system except
catch basins leads, and any future bikeway and sidewalk shall be the sole obligation of the City.
7�I. NOT'ICE:
For purpose of delivery of any notices hereunder, the notice shall be effective if delivered to the
County Administrator of Anoka County, 2100 Third Avenue, Anoka, Minnesota 55303, on behalf of the
County, and the City Manager of Fridley, 6431 University Avenue Northeast, Fridley, Minnesota 55432, on
behalf of the City.
7�III. INDEMNIFICATI ON:
The City and the Courny mutually agree to indemnify and hold harmless each other from aay claims,
losses, costs, expenses or damages resulting from the acts or omissions of the respective officers, agents or
employees relating to activiiy conducted by either party under this Agreement.
XN. ENTIRE AGREEMENT/REQUIREMENTS OF A VVRITING:
It is understood and agreed that the entire agreement of the parties is contained herein and that this
Agreement supersedes all oral agreements and all negotiations between the parties relating to the subject
matter thereo� as well as any previous agreement presently in effect between the parkies relating to the subject
matter thereof. Any alterations, variations or modifications of the provisions of the Agreement shall be valid
only when they have been reduced to writing and duly signed by the parties herein.
4
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N WITNESS W�iEREOF, the parties of this Agreement have hereunto set their hands on the dates written
below:
COUNTY OF ANOKA
��
Dan Erhart, Chairman
Anoka County Board of
Commissioners
Dated:
ATTEST:
By:
John "Jay" McLinden
Anoka County Administrator
Dated:
Recommend for Approval:
By:
Jon G. Olson, PE
Anoka County Engineer
Dated:
APPROVED AS TO FORM:
Dan Klint
Assistant County Attorney
Dated:
S
CTTY OF FRIDLEY
By:
Name: Nancv J. Jor�enson
Title: Mayor
Dated:
B3':
Name: William W. Burns
Title: City Manager
Dated:
By:
Name:
Title:
Dated:
By:
Name:
Title:
Dated:
; - - --- --- — — - -- ---- --- -- --- --
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Ea'HIBIT B
COST-SHAF'.I�'G AGREEI�IEI�'T .
FOR PROJECTS COI�'S'I'RUCTED IN AI�tOF:.4 COUI�'Ti'
USI?�G COLi\'TY STATE AID FUI�'DS OR LOCAL TA� LEYY DOLLAPS
Items
Bikewa}�s
Concrete Curb 8: Gutter
Concrete Sidew�alk "
Concrete SidewaIk RepIacement �
Concrece Curb & Gutter for Median
Construccion
Concrete Median
Construction or Adjustment of Local
Utilities
Grading, Base d: Bituminous
Storm Sewer
Driveway Up�rades
Traffic Si;nals (comrnunities larger
than 5,000) .
Traftic. Signal (c�mmunities less
than 5,000)
Eno neerin, Services
Right-of-Way
Street Li�hts
Coi�ntv Sh�re
0
S0�'o
0
100ci"o
200°io
100°/�0
Q
100�'0
Based on State �
Aid Letter'2
�'6 .
1/z of the cost of its
le�s of the intersection
100%
�4
100%
0
Citv Share
lOQ�i'o
50°io
100°io
a
0
0`�
100%
0 -
Based on State
Aid L,etter *z
100°io � .
the cost of its 1eQs of
the intersection plt:s �
the cost of the Covnty
Iegs of the intersection
4*�
a�
0's
10��io
*1 . Tne County pavs for 1OOr'o of a Standard Median Design such as pIain concrete. If a community requests
•�. decorative median sucn as red brici:, stamped concrete, or exposed a�re;ate concrete the City ��Il pay the =
� additionaI cost above the cost oE standard median. ' �
*2 In the event no State Aid is being used, draina�e cost shares will be computed by proportions of total area
to Counry area where the area of the road right-of-way is .doubled prior to performance of the calculations.
'3 In commnnities less than S,OOQ people the County pays for 1Q0% of the cost of the traf6c signal effectivc :
March 19So. � The County collects on behatf of the cities (less than 5,000) "Municipal State Aid Do2lars` '
since they do not themselves quaIify for state aid funds. These funds are used to pay the City Share. �
x4 En�*ineering shall be paid by the Lead A�enry except that any participating agency u111 pay constn:ction �
en;ineerin; in the amount of 8 io of the construction costs paid by that a�ency. �
*5 In the event that the City reques�s purchase of ri;ht-of-way in excess of those ri�h:-of-ways reouired by
Count�� construction, the City participates to the ea-tent an agreement can be reached in these p:ope:ties.
F-or instance, a City may request a sidewalk be constructed alongside a Count}� roadwa}' which would require
additional riQht-of-way, in which case the City may pay for that portion oE tne right-of-��ay. Awuisition oF
ri�ht-of-w�ay for new ali�nmenu shall be the responsibiIity of the Ci:}� requestin� the ali;nm�nc. In addition,
an�� costs incurred by ihe County because the participating Ciry did not acquire sufricient ri�ht-of-way shall
be paid by the Cit}�.
'6 The County w�ill replace all driveways in-kind. Upgrades in surfacia� (i.e. gravel to bitvminous, bituminous
to concrete) shall be at 100io expense to the City. � :
c`�2kxfubit
Aaoka Caunty Cartract No.
JOINT POWERS AGREEMENT
FOR TI� IMPROVEMENT OF COUNTY STATE AID HIGHWAY NO. 35 (CENTRAL AVENUE)
FROM TRUNK HIGHWAY 65 TO 81ST AVENUE
PROJEC'T NO.:S.A.P. 02-635-08
S.A.P.02-635-10
MSAP 127-020-21
MSAP 183-020-05
This agreement made and entered into this day of . 1998, by and between the
County of Anoka, State of Minnesota, a political subdivision of the State of Minnesota, 2100 Third Avenue
North, Anoka, Minnesota, 55303, hereinafter refened to as "County", aad the City of Fridley, 6431 University
Avenue Northeast, Fridley, Minnesota 55432, hereinafter referred to as the "City".
WiTNESSETH:
WHEREAS, the parties to this Agreement consider it mutually desirable to reconsauct County Staxe
Aid Highway No. 35 (Central Avenue) &om County State Aid Highway No. 8(Osborne Road) to 81st ,
Avenue; to widen and overlay County Staie Aid Highway No. 35 &om the Rice Creek Bridge to Osborne .
Road; and to mill and overlay County State Aid Highway No. 35 from 300 meters north of Tnu�k H'ighway 65
to the Rice Creek Bridge; and, �
VV�iEREAS, the Anoka County Highway Deparhnent has prepazed plans and specifications for
S.A.P. 02-635-08 which plans and specifications are dated , and which aze on file in the
office of the County Engineer; and,
WHEREAS, the parties agree that it is in their best interest that the cost of said project be shared; and,
WHEREAS, together with the sharing of the cost of construction for the traffic signal installations
and roadway, the City will incorporate a bituminous trail, the watermain, sanitary sewer and miscellaneous
utility work to be covered by this Agreement; and,
WHEREAS, Minn. Sta� § 471.59 authorizes political subdivisions of the state to enter i�o joirn
powers agreements for the joint exercise of powers common to each.
NOW, TF�REFORE, it is mutually stipulated and agreed as follows:
I. PUR.POSE
The parties have joined together for the purpose of reconstruction of the roadway, installation of
traffic signal systems, construction of storm sewer and miscellaneous utility reallocations on a portion of
County State Aid Highway No. 35 (Central Avenue) as described in the plans and specifications numbered
S.A.P. 02-635-08 on file in the office of the Anoka County Highway Department and incorporated herein by
reference.
5,03
II. METHOD
The County shall provide all engineering services and shall cause the construction of Anoka County
, Project No. S.A.P. 02-635-08 in conformance with said plans and specifications. The advertisement bids and
, the acceptance of all bid proposals shall be done by the County. The awazd of the Contract shall be done by
the County.
.
III. COST
A. The contract costs of the work, or if the work is not contracted, the cost of all labor, materials,
norn�al engineering costs, and equipment rental required to complete the work, shall constitute the actual
"construction costs" and shall be so refened to herein. "Estimated costs" are good faith projections of the
costs which will be incurred for this project. The estimated construction costs aze attached as Exhibit A.
Actual costs may vary and those will be the costs for which the City will be responsible.
B. The estimated cost of the total project is Two Millioq Two Hundred Sixty-One Thousand,
Eight Hundred Sixty-Two Dollars and 76/100s ($2,261,862.76). Participation in the construction costs is as
follows: �
1. The City shall pay 100% of the watermain and sanitary sewer improvements,
relocations and adjustments. The estimated cost of the utility improvements is $45,562.72.
, 2. The City shall pay their share of the storm sewer mainline construction based on
percentage of mainline flow attributed to connecting City owned laterals to the rnainline. The City's ,mainline
• participation is estimated at 46%. The estimaied construction cost of storm sewer is $988,105.15 of which
$855,185.89 is mainline sewer costs. Of this, the City's estimated share is $393,385.51.
3. The City shall pay 50% of the cost of the concrete curb aad gutter constructed within
the City excluding the cost of the median curb and gutter. The total project estimated cost of the concrete
curb and gutter construction is $84,071.00, of which the City's estimated share is $15,409.30. Credit has been
given to existing curb and gutter removed and replaced.
4. The City shall pay 100% of the cost of the newly constructed bituminous trail
(including associated retaining wall). The estimaxed cost to the City is $79,292.80.
5. The County shall pay 100% of the cost of "in-kind" driveway pavement
replacements. The City sha11 pay 100% of the cost of newly constructed/upgraded driveway pavement. The
estimated cost to the City is $ 0.00 .
.
6. The City shall pay 0% of the cost of the Traffic Signal System Revision at the
� intersection of 69th Avenue and County State Aid Highway No. 35 since this signal is a permanent system
The estimated cost of the Traffic Signal System, including equipment furnished by the County, is $55,320.OQ,
of which the City's share is $0.00.
7. The City shall pay 100% of the cost of the Internally Lit Signs for the above signal
system. The estimated cost to the City is $16,755.00.
8. The City shall provide construction observation for the relocation and reconstruction
of their utilities and approve for acceptance the work as it is completed.
5.04
9. City representatives shall observe the configuration of each of the pedestrian curb
ramps as located in the fieId in order to satisfy for themselves the conditions for locating the ramps as such
prior to construction.
10. The City shall fumish and deliver to the construction site replacement hydrants for
any hydraat which is being relocated as a part of this project which they want replaced.
C. The total estimated cost to the City for the project is $550,405.33 (se� attached Exhibit A for
determination of cost participation and attached E�chibit B for the Cost-Sharing Ageement). The City
participation in engineering will be at a rate of 8% of their designated share. The estima.ted cost to the City
for engineering is $44,032.43. Therefore, the total estimated City cost of the project is $594,437.76.
D. Upon award of the contract, the City shall pay to the County, upon written demand by the
County, 95% of its portion of the construction costs of the project estimated at $564,715.87. The City's share
of the costs of the project shall include only construction and engineering expenses and does not include
administrative expenses incuned by the County.
E. Upon final completion of the project, the City's share of the constniction costs will be based
upon actual construction costs. If necessary, adjustments to the initia195% charged will be made in the form
of credit or additional charges to the City's share. Also, the remaining S% of the City's portion of the
construction costs shall be paid.
N. TERM
This Agreement shall continue until (1) terminated as provided hereinafter, or (2) umil the
construction provided for herein is completed and payment provided for herein is made, whichever of (1) or
(2) shall first occur.
V. DISBURSEMENT OF FiJNDS:
All funds disbursed by the County or City pursuant to this Agreement shall be disbursed by each
entity pursuant to the method provided by law.
VI. CONTRACTS AND PURCHASES:
All contracts let and purchases made pursuant to this Agreement shall be made by Anoka County in
conforn�ance to state laws.
VII. STRIC'T ACCOIJNTABILITY:
A strict accounting shall be made of a11 funds and report of all receipts and disbursements shall be
made upon request by either party.
VIII. TERMINATION:
This Agreement may be terminated by either party at any time, with or without cause, upon not less
than thirty (30) days written notice delivered by mail or in person to the other party. If notice is delivered by
mail, it shall be deemed to be received two (2) days after mailing. Such termination shall not be effective
with respect to any solicitation of bids or any purchases of service or goods which occurred prior to such
notice of termination. The City shall pay its prarata share of costs which the County incurred prior to such
notice of termination.
5.05
IX. SIGNALIZATION POWER: �
The City shall install or cause the installation of an adequate electrical power source to the service
pad or pole, including any necessary extensions of power lines, and upon completion of said tra�c control
signal insta.11ation, the ongoing cost of electrical power to the signal shall be at the cost and expense of the
City.
X. AFFIRMATIVE ACTION:
In accordance with the County's Affirmative Action Policy and the County Commissioner's policies
against discrimination, no person shall illegally be excluded from full-time employment rights in, be denied
the benefits of, or be otherwise subjected to discrimination in the program which is the subject of this
Agreement on the basis of race, creed, color, sex, marital status, public assistance status, age, disability or
national origin.
XI. h�LAINTENANCE:
A. Maintenance of the completed signal and signal equipment will be the sole obligation of the
County. The ongoing cost of electrical power to ihe signal will be the responsibility of the City.
B. Maintenance of the completed watermain, sanitary sewer, and storm sewer system except
catch basins and catch basin leads, and any future bikeway and sidewalk shall be the sole obligation of the
City. In additioq the City shall be responsible for the maintenance of the two special manholes designed to
trap sediments in lieu of construction of sedimentation ponds.
J�I. NOTICE:
For purpose of delivery of any notices hereunder, the notice shall be effective if delivered to the
County Administrator of Anoka. Coumy, 2100 Third Avenue, Anoka, Minnesota 55303, �n behaif of the
County, and the City Manager of Fridley, 6431 University Avenue Northeast, Fridley, Minnesota 55432, on
behalf of the City.
7�II. INDEMNIFICATION:
The City and the County mutually agree to indemnify and hold hazmless each other from any clauns,
losses, costs, expenses or damages resulting &om the acts or omissions of the respective officers, agents or
employees relating to activity conducted by either party under this Agreement.
_ XN. ENTIRE AGREEMENT/REOLJIREMENTS OF A WRITING:
It is understood and agreed that the entire agreement of the parties is contained herein and that this
Agreement supersedes all oral agreements and all negotiations between the parties relating to the subject
matter thereof, as well as any previous agreement presently in effect between the parties relating to the subject
matter thereof. Any alterations, variations or modifications of the provisions of the Agreement shall be valid
only when they have been reduced to writing and duly signed by the parties herein.
5.06
IN WITNESS WHEREOF, the parties of this Agreement have hereunto set their hands on the dates written
below:
COUN'I'Y OF ANOKA
By:
Dan Erhart, Chairman
Anoka County Board of
Commissioners
Dated:
ATTEST:
By:
John "Jay" McLinden
Anoka County Administrator
Dated:
Recommend for Approval:
sy:
Jon G. Olson, PE '
Anoka County Engineer
Dated:
APPROVED AS TO FORM:
n�, x�,t
Assistant County Attomey
Dated:
5.07
CTTY OF FRIDLEY
By:
Name:
Title:
Dated:
BY:
Name:
Title:
Dated:
By:
Name:
Title:
Dated:
By:
Name:
Title:
Dated:
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Ea"HIBIT B
COST-SHARII�'G AGREEh1EI�'T .
FOR PROJECTS CO1�'STRUCTED IN H1�TOi1H COIJl� 1 1'
USII�TG COUl\'TY STATE AID FUI�'DS OR LOCAL TAa: LEVY DOLLARS
ltems
Bikewa}z
Concrete Curb 8: Gutter
Concrete Sidewalk '
Concrete Sidewalk Replacement
Concrete Curb & Gutter for Median
Construction
Concrete Median
Construction or Adjustment of L.ocal
Utilities
Grading, Base S Bituminous
Storm Sewer
Driveway Upgrades
Traffic Si;nals (communities larger
than S,Q00) .
Traffic. Signal (communities less
than 5,000)
Ena neering Services
Right-of-Way
Street Li�hts
Countv Shnre
0
SO°io
0
100°io
100°io
100°io
0
100°i'o
Based on State
Aid Letter'z
�s6
'/_ of the cost of its
le�s of the intersection
100%
*4
100%
0
Cit�v Share
100%
50°'0
100°i'o
0
0
0'�
l OQ°io
0 -
Based on State
Aid Letter *2
lOQ% '
the cost of its legs of
the intersection plus �i4
the cost of the County
legs of the intersection
0'�
"a
0*S
100°io
*1 . The County pays for 100% of a Standard Median Design such as plain concrete. If a community requests
•�� decorative median such as red bric�;, stamped concrete, or exposed a�regate concrete the City will pay the
� additional cost above the cost of standard median. ' �
*2 In the event no State A.id is being used, drainage cost shares will be corrtputed by proportions of total area
to County area where the area of the road right-of-way is .doubled prior to performance of the calculations.
'3 In communities less than 5,000 people the County pays for 100% of the cost of the traffic signal effective
March 1980. The Gounty collects on behalf of the cities (less than 5,000) "Municipal State Aid Dollars"
since they do not themselves qualiE'y for state aid funds. These funds are used ta pay the City Share.
*4 En; neering shall be paid by the Lead A�ency except that any participating agenry wzll pay constnction
engineering in the amount of 8 io of the construction costs paid by that a�enc,}•. �
`5 In the event that the City requests purchase oE right-of-way in exc:ss of those righ:-of-ways required by
Counry construction, the City participates to the ea-tent an a;reement can be reached in these p:operties.
For instance, a City may reques[ a sidewalk be constrvcted alon� ide a Count}� roadway which would require
additional ri;ht-of-w•ay, in which case the City may pay for that portion oE the right-of-�•ay. Acquisition of
right-of-w•ay for new ali�nments shall be the responsibility of the City requestin� the alignment. In addition,
any cost� incurred 'oy che County because the participating City did not acquire sufficient ri�ht-of-way shall
be paid by the City.
'6 The County w�ll replace all driveways in-kind.- 7 T--- �des in surfacing (i.e. � avel to bitvminous, bituminous
to concrete) shall be at 100% expense to the 5 11 •
. � c.4�w�t�ochibit
City of Fridley
TO: William W. Burns, City Manager �
�
FROM: John G. F1ora;Public Works Director
Jon H.,I��ukaas, Assistant Public Works Director
�—
DATE: July 13, 1998
SUBJECT: Slurry Seal for City Paths
PW98-148
Staff recently recommended to Council that they develop a slurry seal project to resurface some of the
bituminous paths in the City, submit the plans to MnDOT State Aid and solicit quotes for the work.
Plans and specifications have since been prepared and approved by State Aid. All segments along tnuik
highways and Municipal or County State Aid routes (84%) are reimbursable. The remaining segment is
along the rear loop of Lake Pointe Drive and will be paid for by the HRA. Therefore, there is no net cost
to the City of Fridley.
We have received three written quotes. The low quote was Struck & Irwin Paving, Inc. in the amount of
$16,083.60.
Recommend the City Council receive the quotes and award the contract for Bituminous Walkway Slurry
Seal Project No. ST. 1998-11 to Struck & Irwin Paving, Inc. in the amount of $16,083.60.
J�II3/JGF:cz
6.01
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' Special Projects Unit
emo
Toe Dave Saiiman
Fronti Rosie Griep
Datise 07/08KJ8
Rae Resdution for FEMA Disaster Relief Program –1225 DR-Minnesota
,
Attached is a copy af the resoludon desigrraating you as the authorized person to execute the sub-grant
agre.ement with FEMA fa the stortn darnage received from May 15-30,1998.
This resdudon will need counal adion as a oertifiect copy is requir�ed with the grar�t agreernent.
• Page 1 � —
7.01
RESOLiJTI�T , 1998
A RESOLUTION DL�SIGNATING AUTHORIZED PERSO%i
TO �CUTE 3UB-GRANT AGREF.b�NTS
WHEREAS, the City of Fridley enters into a sub-grant agreement
with the Division of Emergency Management in the Minnesota
department of Pubiic Safety for the program entitled
Infrastructure Proqram for FEMA 1225 DR-MINNESOTA.
NOW THEREFORE, BE ZT RESOLVED, that David H. Sallman is hereby
authorized to execute such aqreements and amendments as are
necessary to implement the project on behalf of the City of
Fridiey.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY
THIS 13th DAY OF July 1998.
NANCY J. JORGENSEN - MAYOR
ATTEST:
WILLIAM A. CHAMPA - CITY CLERK
%.�2'
Recreation and Natural Resource Department
em
0
�
To: William W. Burns, City Manager�`�
From: Jack Kirk, Director of Recreation and Natural Resources '�
Date: July 9, 1998 �
Re: Rush Property C«? Moore Lake
On Tuesday, June 30, 1998 the City of Fridley completed the purchase of the
Rush Property at 6028 Central Avenue NE. The house has approximately 1140
square feet and was built in the 1940's. I inspected the house with Fire Chief
McKusick and two members of his department last week. If the house were to
be rented out, it would require a considerable amount of work and expense.
I would recommend that the property be used for fire training exercises and then
demolished. After removal of debris from the site, the area could be left as a
natural wooded area on the north end of Moore Lake Park.
The long range plan for the site is to have walking trails through the wooded area
on the north (where the homes currently exist). Installation of these trails should
be held off until all or most of the properties have been acquired.
Please let me know if we should proceed with demolition of buildings at the
former Rush property.
8.01
�
�
`
GTY OF
FRIDLEY
CLAIMS
JULY 13, 1998
CLAIMS
81404 - 81796
10.01
r
�
C�TY OF
FRIDIEY
Tvpe of License:
ON-SALE LIOUOR
Spikers Beach Club
7651 Highway 65
Fridley, MN 55432
STREET VENDING
Big Bell Ice Cream
6661 Main Street
Fridley, MN 55432
TREE REMOVAL
G.L. Deden Tree Service
1833 - 103`d Avenue N.W.
Coon Rapids, MN 55433
Miller Tree Service
11375 Lexington Avenue
Blaine, MN 55449
LICENSES
J U LY 13, 1998
�
Gordon Skamser
Abdul-R-Al-Zubaidy
Gene Leroy Deden
Tony F. Miller
11.01
Approved Bv
Police Dept.; Fire Dept.
Community Development;
Building Inspection
Fire Dept., Police Dept.
Community Development;
Building Inspection
Public Works
Public Works
Fees:
$9,000.00
50.00
40.00
40.00
�
�
cmr oF
FRIDLEY
LICENSES
JULS/ 13, 199�
GAS SERVICES �
Northem Heating & AC . � �
901 W Hwy 10 STE 106
Anoka MN 55303 Brad Peet
GENERAL CONTRACTOR-COMMERCIAL
A & M Construction
108 4 Ave SE .
Osseo Mn 55369 Dan Walesch
Able Roofmg
24355 Hwy 65 NE #90
Bethel MN 55005 David Rucinski
BLF Construction
9955 199 St W
Lakeville MN 55044 Brian Fossam
Building & Property Services Co
7528 Arthur St NE
Fridley MN 55432 Cheryl Schatz
Crawford-Merz Construction Co
23164AveS
Minneapolis MN 55404 Wayne Anderson
Keller Corporation
230B St Croix Trail S
PO Box 157
Lakeland MN 55043-0157 Bob Keller
Ryan R J Construction
6511 Cedar Ave S
ichfield MN 55423 Jack Grotkin
Single Ply System Inc _
909 Apollo Rd
Eagan MN 55121 Leroy Swanson
Starmark Northwest Mgmt
5525 Cedar Lake Rd
St Louis Park MN 55416 Tom Willoughby
11.02
RON JULKOWSKI
Building Official
RON NLKOWSKI
Building Official
Same
Same �
Same
Same
Same
Same
Same
Same
GENERAL CONTRACTOR-RESIDENTIAL
Advance Aluminum Supply Inc
7701 Main St NE
Fridley MN 55432 Jim Myers
American Roofmg & Construction Inc (20109395)
23624 St Francis Blvd
St Francis MN 55070 Michael Kosloski
Aztec Roofing (20139140)
1444 E Cliff Rd
Burnsville MN 55337
Benson J. Construction (4740)
7020 Walker St
St Louis Park Mn 55426
Berwald Roofmg Co Inc (20015088)
2440 N Charles St
N St Paul MN 55109
Best Siding Co Inc
1310 154 Ave NE
Ham Lake Mn 55304-5505
Bo's Construction (20100656)
2218 22 Ave S
Minneapolis MN 55404
Chimera Company Inc (20108824)
23030 Hwy 55 W
Loretto MN 55357
Construction USA (20131501)
9140 Lexington Ave
Lexington MN 55014
Contractors Plus (4239)
7197 17 St N
Oakdale Mn 55128
Jim Fulwood
Gary Alm
Kenneth Berwald
Melvin Lund
Scott Bosacker
Jay Allen
James Kolla
Joseph Piersig
Croston & Fleming Contractors (20139141)
360 Carlson Pkwy #107
Minnetonka MN 55305 John Croston
11.03
STATE OF MINN
Same
Same
Same
Same
Same
Same
Same
Same
Same
Same
Daco Inc (3180)
14510 45 St NE
Rogers MN 55374
Disanto Construction (FRI) (20069323)
26103 Verdin St
Isanti MN 55040
Donahue Construction Inc (1107)
8470 Center Dr
Spring Lake Park MN 55432
Eagleview Construction Inc (20076043)
2937 174 Ln NW '
Andover MN 55304
Gerald Zachman
John Disanto
Shawn Donahue
7im Szyplinski
Exterior Design Service (3237)
6391 Monroe St NE
Fridley MN 55432 Paul Kilgore
Four Season Roofing & Remodeling LLC (20138780)
7930 University Ave NE
Fridley MN 55434 John Teague
Foy Exteriors (20046999)
40677 Hemingway Ave
North Branch MN 55056 Tim Foy
Great Northern Resources Inc(20117027)
1942 Ulysses St NE
Minneapolis MN 55418-4745 David Larson
Hass Bros Construction Inc (3754)
638 E Cook Ave
St Paul MN 55101
Homes R Us (20030327)
7398 Concerto Curve
Fridley MN 55432
J G Industries (20097862)
11818 Monroe Cir
Blaine Mn 55434
Leon Hass
James Glidden
John Gutowski
11.04
Same
Same
Same
Same
Same
Same
Same
Same
Same
Same
Same
Johnny On The Spot Construction (20138533)
4208 Brunswick Ave N
Crystal Mn 55422 William Bombardier
Karma Construction Co (20011232)
16805 Cottage Grove Ave
Wayzata MN 55391-2948 Terry Cullen
Knight Construction & Design (20022883)
4808 Lamplighters Ln
Minnetonka MN 55345 Gary Knight
Manions Master Roofing(5141)
3841 Hayes: St
Minneapolis MN 55421
Miller Ron Construction Inc (6354)
953 Mississippi St
Fridley MN 55432
Minnesota Rusco Inc (2173)
9901 Smetana Dr
Minnetonka MN 55343
Moberg Construction (4127)
7610 165 Ln NW
Anoka MN 55303
Tom Manion
Ron Miller
Mel Hazelwood
Waldo Moberg
One Way Construction (20024567)
3100 Virginia Ave
Crystal MN 55427 Larry Ellinghuysen
PEM Millwork of Minnesota Inc (20070628)
5671 Intemational Parkway
New Hope MN 55428-3046 Glen Hoover
Phalen Siding & Trim Inc
1528 Lincoln Ave
St Paul MN 55105 John Limberg
Premier Home Enhancers Inc
9707 Tenth Ave N
Plymouth MN 55441-5018
Jerry Cizinsky
11.05
Same
Same
Same
Same
Same
Same
Same
Same
Same
Same
Same
Rabenberg Construction (8133)
16641 Coquina St NW
Ramsey Mn 55303
Reinke Construction (20096054)
16405 Co Rd 47
Plymouth MN 55446
Roofing Specialist The (20007396)
3800 48 Ave S
Minneapolis MN 55406
Rottlund Homes (1335)
2681 Long Lake Rd
Roseville MN 55113
Royal Construction (20050156)
28222 96 St
Zimmerman MN 55398
Salaam C Enterprise (20141269)
PO Box 11987
Minneapolis MN 55411
Solomon & Sons (20055664)
12211 Olive St NW
Coon Rapids MN 55448
Stifter Bros Construction Inc (20064402)
3445 219 Ln NW
Anoka MN 55303
Twin City Tree Truse (20095755)
6300 Walker St
St Louis Park MN 55416
United Roofing Twin Cities Inc (20091868;
1155 140 Ln
Andover MN 55304
Westem Cedar Supply(20014207)
705 North Hwy 169
Plymouth Mn 55441
Eric Rabenberg
Warren Fuller
Michael Swanson
Judd Stickney
Charles Salaam
Brian Solomon
Joel Stifter
Eric Geistar
Eric Jeanotte
Devin Cook
11.06
Same
Same
Same
Same
Same
Same
Same
Same
Same
Same
Youngberg Builders (20041153)
6653 Co Rd 33
Askov MN 55704
HEATING
Dave's Appliance Refrigeration
1601 37 Ave NE
Columbia Heights MN 55421
Midwest Maintenance Mechanical Inc
710 Pennsylvania Ave S #B
Minneapolis MN 55426
Northern Heating & AC
901 W Hwy 10 STE 106
Anoka MN 55303
Thrane Inc
7204 W 27 St #112
St Louis Park MN 55426
Younger JC Co
5626 West Lake St
St Louis Park MN 55416
PLUMBING
Backdahl & Olson Plbg & Htg Co
3157 Chicago Ave S
Minneapolis MN 55407
Culligan Soft Water Service Co
6030 Culligan Way
Minnetonka MN 55345
Gopher Mechanical
3025 Randolph St NE
Minneapolis MN 55418-1824
Northland Mechanical Contractors Inc
2900 Nevada Ave N
New Hope MN 55427
ROOFING
Pinnacle Construction Inc
7780 Hwy 55
Rockford MN 55373
Raynard Youngberg
David Roberts
Jeff Rieger
Brad Peet
Robert Thrane
Robert Younger
Rich Olson
John Packard
Lee Watkins
Kenneth Mosloski
Joel Nystrom
11.07
Same
RON JULKOWSKI
Building Official
Same
Same
Same
Same
STATE OF MINN
Same
Same
Same
RON JULKOWSKI
Building Official
Whitetail Construction
7899 University Ave NE
Fridley MN 55432
SIGN ERECTOR
Lawrence Sign
945 Pierce Butler Rte
St Paul MN 55104-1595
Signcrafters
7775 Main St NE
Fridley, MN 55432
Floyd Mohawk
Geoff Michael
Dennis Mellem
11.08 �
Same
RON JULKOWSKI
Building Official
Same
'I
�
�
CRY OF
FRIDLEY
Frederic W. Knaak, Esq.
Holstad and Larson, P.L.C.
3535 Vadnais Center Drive
St. Paui, MN 55110
ESTI MATES
J U LY 13,1998
Services Rendered as City Attorney �
for the Month of June, 1998 ............................................................... $ 4,250.00
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 :.................................................. $ 17,527.50
Diversified Paving, Inc.
8019 - 146�' Avenue N.W.
Ramsey, MN 55303
1997 Driveway Paving Project No. 307
Estimate No. 6 ................................................................................... $ 11,278.58
Park Construction Company
7900 Beech Street N.E.
Minneapolis, MN 55432
Rice Creek Bank Stabilization Project No. 309
Estimate No. 4 ................................................................................... $ 64,481.91
12.01 �
�
�
CffY OF
FRIDLEY
Ron Kassa Construction
7438 Upton -
Richfield, MN 55423
ESTIMATES
J U LY 13, 1998
1998 Miscellaneous Concrete Curb
and Gutter and Sidewalk Project No. 315
Estimate No. 3 ..................................................................................... $ 8,211.99
Forest Lake Contracting
14777 Lake Drive
Forest Lake, MN 55025
57�' Avenue (CR 102) Reconstruction
Project No: ST. 1997 - 4
EstimateNo. 1 .................................................................................... $ 70;104.25
Forest Lake Contracting
14777 Lake Drive
Forest Lake, MN 55025
Hackmann Avenue/Hackmann Circle Street
Improvement Project No. ST. 1998 - 1
EstimateNo. 6 ......:............................................................................. $ 49,647.69
12.02
SUP #98-07, 73`� and University
Page1
�
DESCRtPTION OF REQUEST:
Tim Yocum, Yocum Oil Company. has requested a Special Use Permit to allow a motor
fuel operation and car wash at the southeast corner of 73'� and University Avenue. If
approved, a new Texaco/Taco Bell will be constructed at the south-eas�rt�'r�'
University Avenue and 73rd Avenue N�.
SUMMARY OF ISSUES
The zoning on this site is G2, General Business. As such, a special use permit is
required for both motor fuel operations and car wash facilities.
PLANNING COMMISSION RECOMMENDATION:
The Planning Commission recommends approval of Special Use Permit Request SP
#98-07 with the following stipulations:
1. All signs shall be reviewed and approved by staff to assure compliance with Chapter 214 of the City Code.
2. The petitioner shall submit a performance bond in the amount of 3% of the construction costs prior to issuance
of a building permit. '
3. The petitioner shall install underground irrigation for the landscape areas surrounding the site.
4. The petitioner shall comply with all outdoor storage requirements.
5. The petitioner shall comply with all outdoor sales and storage provisions of Chapter 205 of the City Code.
6. The petitioner shall install all waste trap and filtration devices as required by the Building Code for Car Wash
facilities .
7. The petitioner shall install adequate informational signage on-site to assure proper flow of traffic around the
building and to assure that cars stacked awaiting entrance into the drive-through or car wash do not block
circulation on site.
i�t�rrna.�an P.K�'�
8. The petitioner shall assure that all use of the intercom on this site is for instruction � n emergency purpo es
, only. Intercom volume shall be set so intercom message does not carry beyond th�property.
9. All parking stall dimensions shall meet the Code required specifications.
10. A photometric lighting plan shall be submitted to allow a review of the lighting design and allow staff to analyze
impacts to the nearby residential neighborhood.
11. All canopy faces shall be restricted to the light from within the signs, no additional canopy face lighting shall be
permitted.
� 2. With the exception of the two end windows facing University Avenue and all windows facing the convenience
store, all car wash window openings shall be filled with glass block.
RECOMMENDATION:
Staff recommends that the City Council Concur with the Planning Commission
Recommendation.
13.01
SUP #98-07, 73ro and University
Page2
PROJECT DETAILS
Petition For: Tim Yocum, Yocum Oil, requests a special use permit to allow
for a motor fuel and car wash operation at a the south-east
corner of University Avenue and 73'� Avenue NE.
Location of
Property:
Legal Description
of Property:
Size:
Topography:
Existing
Vegetation:
Existing
Zoning/Platting:
Availability
of Municipal
Utilities:
Vehicular
Access:
Pedestrian
Access:
Engineering
Issues:
Comprehensive
Planning Issues:
Public Hearing
Comments:
Corner of University Avenue and 73'� Avenue NE.
Tract A, Registered Land Sunrey No. 78
2.3 Acres
Generally level, with an incline at the east and northeast
property boundaries.
Mixed native vegetation, grasses, and trees.
C-2, General Business / Registered Land Survey No. 78
Available
73`� Avenue NE and University Avenue Service Drive
73'� Avenue NE and University Avenue Service Drive
Calculations for storm pond retention areas to be approved by
the City Engineer prior to the issuance of the building permit.
The Zoning and Comprehensive Plans are consistent in this
location.
To be taken
13.02 �
SUP #98-07, 73'� and University
Page3
ADJACENT SITES:
WEST: Zoning: C-2, General Business
TH: Zoning: M-2, Heavy Industrial
EAST: Zoning: M-2, Heavy Industrial
NORTH: Zoning: R-2, Two-Family Res.
R-1, Single Family Res.
Site Planning
Issues:
Land Use: Office
Land Use: Industrial
Land Use: Industrial
Land Use: Residential
DESCRIPTION OF REQUEST: ,
Tim Yocum, Yocum Oil Company, has requested a Special Use Permit to allow a motor
fuel operation and car wash at the southeast corner of 73'� and University Avenue. If
approved, a new Texaco/Taco Bell will be constru.cted at the south-east corner of
University Avenue and 73rd Avenue NE
SITE DESCRIPTION/HISTORY:
This site was recorded as Registered Land Survey #78 on December 23, 1980. Until
recently, the land was owned by the SOO Line Rail Company. In 1997, the subject
parcel was rezoned from M-2, Heavy Industrial, to C-2, General business.
ANALYSIS
General
To allow gas pumps/motor fuel operation and a car wash in conjunction with a
convenience store, a special use permit is necessary.
Proposed Plan
The proposed plan indicates a 4,968 s.f. Taco Betl restaurant, Texaco convenience
store motor fuel operation, and 1,600 s.f. car wash. The buildings will be constructed of
a combination of brick and rock-faced block, with much glass facing the pumps and
University Avenue. The roof of the proposed building will be of a hip design, rather than
a more typical commercial flat roof. A standing seam metal roof finished in Texaco's
corporate colors of silver and red has been proposed.
The building positioning is very similar to the sketch plan provided by Dolphin
Development at the time of the rezoning. The majority of the site activity, with the
exception of the restaurant drive-through has been designed to take place on the
University Avenue side of this site. The north-east corner of the site has been bermed
and landscaped to screen the view of the buildings and impact of the activities on this
site.
13.03
SUP #98-07, 73`� and University
Page4
Landscape Plan
A landscape plan has been submitted. Minor modifications may be required to assure
that the plan successfully screens the use and guarantees compatibility between this
use and the uses to the north. The vehicles in the drive-through, closest to the service
drive access point, will have headlights that will project through to the south-east of the
Black Hills Spruce, that have been placed with the intention of screening the drive-
through. Also, Code requires that parking areas befinreen the building and the street be
screened with a continuous mass of plant material, 3' high at the time of planting; or a
continuous berm, 3' in height, at a slope that is no greater than 3:1.
Irrigation shall be installed to assure the vitality of the plant material proposed for this
project.
To assure completion of the outdoor improvement projects, the City typically requires a
bond in the amount of 3% of the construction cost of the building costs. This bond
shall be submitted prior to the issuance of a building permit for this facility.
Access Drive Locations
Access drive locations will be created at 73`� Avenue and off of the University Avenue
Service Drive. The car wash is designed to have traffic exit the car wash and enter the
University Avenue Service Drive at its own access point. Adequate information signage
shall be provided by the petitioner to assure that car wash stacking beyond 11 cars and
drive through food stacking beyond 8 cars will not cause a conflict at the access point
from 73rd Avenue or the University Avenue Service Drive.
Parking Requirements '
For parking calculations, staff divided the 1,863 s.f. of pure restaurant space by 100, in
accordance with the code required ratio of 1 parking space per 100 s.f. As a result, 19
parking spaces are required for the restaurant. The remaining 3,105 s.f. was assigned a
ratio of 1 parking space per 150 s.f. Consequently, the remainder of the building
requires 21 parking spaces. A total of 41 spaces have been identified on the site plan
(not including the stalls at the gas pumps). According to the previously identified
formulas, 40 parking stalls are required.
A problem with the stall size does exist. Stall widths of 9', rather than the Code
required 10', have been shown. It appears that this modification can be made with no
significant impact to the overall site layout. In past applications, staff has recognized
that vehicles park at the pump stalls and there has been credit given to those stalls as
well. There are 16 pump stations on this site plan. The additional parking in this case
is important. With a combination of Texaco and Taco-Bell, both retailers will benefit
from ample parking.
13.04
SUP #98-07, 73nd and University
Page5
Lighting
Down-cast shielded light fixtures will be required through-out the site. The lighting plan
will require staff review and approval prior to construction. As with the Walgreen project
at University and Mississippi a photometric illustration shall be provided to allow staff to
complete a thorough lighting review. �
The petitioners have indicated that there are at least two types of lighting fixtures being
considered for the underside of the canopy. It is imperative that the fixtures be a
shielded down-cast, with the light source inside the fixture as opposed to hanging down
below. This design eliminated a horizontal cast of light that can be distracting for
motorists and an annoyance to surrounding land uses.
The canopy faces have been designed to not be internally lit (except for the signage).
This design will be helpful in the elimination of horizontal glare.
Car Wash Design
As shown in the car wash elevations, there is a great deal of glass facing University
Avenue. Though architecturally the windows provide relief to what could be a
featureless wall, staff has concerns about the design. The car wash is close University
Avenue. Windows will provide light for the motorist using the car wash, however it will
also provide a view into the interior of the car wash from University Avenue. Being a
car wash, humidity is inevitable. The windows will be fogged over and in many
instances, as staff observed other car wash sites, the windows had a dirty appearance.
Inside a car wash the walls can become very unsightly and the equipment becomes
rusty.
As a solution to this, staff recommends glass block in the window openings. Glass
block will provide light for claustrophobic car wash customer, while eliminating some of
the other potentially unsightly factors about seeing into a car wash as a passing
motorist.
After the Planning Commission review and recommendation, Mr. Yocum met with staff
to determine the best window design for the car wash. Staff and Mr. Yocum visited a
similar car wash at Washington Avenue and 35W (Metrodome Amoco). A consensus
was reached that clear (not mottled) glass block would be utilized on all middle
windows, while standard windows will be used in each of the end openings facing
University Avenue (1 window each end) and in all the windows facing the convenience
store.
Outdoor Storage
Section 205.14.01.0 (5), limits the outdoor storage of inerchandise between the pumps
and within 4 feet of the building.
13.05
SUP #98-07, 73`� and University
Page6
PLANNING COMMISSION RECOMMENDATION:
The Planning Commission recommends approval of Special Use Permit Request SP
#98-07 with the following stipulations:
1. All signs shall be reviewed and approved by staff to assure compliance with
Chapter 214 of the City Code.
2. The petitioner shall submit a performance bond in the amount of 3% of the
construction costs prior to issuance of a building permit.
3. The petitioner shall install underground irrigation for the landscape areas
surrounding this development site.
4. The petitioner shall comply with all outdoor storage requirements.
5. The petitioner shall comply with all outdoor sales and storage provisions of Chapter
205 of the City Code.
6. The petitioner shall install all waste trap and filtration devices as required by the
Building Code for Car Wash facilities .
7. The petitioner shall install adequate informational signage on-site to assure proper
flow of traffic around the building and to assure that cars stacked awaiting entrance
into the drive-through or car wash do not block circulation on site.
8. The petitioner shall assure that all use of the intercom on this site is for instructional
and emergency purposes only. Intercom volume shall be set so intercom message
does not carry beyond the property.
9. All parking stall dimensions shall meet the Code required specifications.
10. A photometric lighting plan shall be submitted to allow a review of the lighting
design and analyze impacts to the nearby residential neighborhood.
11. All canopy faces shall be restricted to the light from within the signs, no additional
canopy face lighting shall be permitted.
12. With the exception of the finro end windows facing University Avenue and all
windows facing the convenience store, all car wash window openings shall be filled
with glass block.
RECOMMENDATION:
Staff recommends that the City Council Concur with the Planning Commission
Recommendation.
'13.06
�,Z�c_ # � .,.""'" "' Nt�ld aoo�� � ; :
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S�iecial Use Permit
Petitioner:• Tim Yacum
I/ // � � ' � • I
Zoning.• C-2, C;,enerczl Business
SE Corner of Un'r� d» -�r 73 Av �
13.15
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�r%reseen ennrs or us�e of ttis dc
CITY C}F FRIDLEY PI
DESCRIPTION OF REQUEST:
Tim Yokum, Yokum Oil is requesting a variance to allow 40 additional square feet of
signage on free-standing pylon sign for their proposed development at the south-east
corner of University Avenue N.E. and 73rd Avenue.
HARDSHIP STATEMENT:
....The dez�elopment includes fivo major national retailers, Texaco and Taco Bell. For each of us, the
importance of having adequate signage is imperative fo how we conduct business...Public health,
safety, general zvelfare and property values have all been considered and it is our belief that none of
these issues would be adversely affected by the granting of such a variance. The issues
noted...clearly indicate that an undue hardship zvould be caused if a strict application of this chapter
would occur. Our development is indeed an extraordinary circumstance being that two major
retailers of our nature will be working together on this parcel. For these reasons, we are requesting a
sign variance for the successful implementation of the proposed development....
SUMMARY OF ISSUES:
Section 214.11. 02.B of the Fridley Zoning Ordinance limits free-standing pylon signs to 80
s.f. The public purpose served by this requirement is to control visual degradation by
eliminating large and excessive signs. This Texaco/Taco Bell proposal is. a joint facility on
one lot. Unlike a more typical convenience store and restaurant, these uses share a lot and
building and as such, only one pylon is permitted per street frontage. Only one free-
standing sign has been proposed. The location of that sign is proposed to be as close as
setbacks allow to the corner of 73rd Avenue and University Avenue. The proposed request
does riot meet the criteria for approval of a variance.
SIMILAR PREVIOUSLY GRANTED VARIANCES
Numerous pylon sign requests have been approved under different circumstances (see
body of report).
APPEALS COMMISSION RECOMMENDATION:
Members of the Appeals Commission made a motion to approve variance request, VAR
#98-17. The motion failed on a 2- 2 vote.
RECOMMENDATION FOR THE CITY COUNCIL:
Staff recommends denial of variance request VAR #98-17, due to a lack o€ a unique
physical characteristic of the land requiring a variance.
14.01
Staff Report
VAR #98-17, Comer of 73'� and University
Page 2
PROJECT DETAILS
Petition For: Tim Yokum, Yokum Oil is requesting a variance to allow 40 additional square
- feet of signage on free-standing pylon sign for their proposed development at
the south-east corner of University Avenue N.E. and 73rd Avenue.
Location
of Property:
Legal
Description
of Property:
Lot Size:
Topography:
Existing
Vegetation:
E�sting
Zoning/
Platting:
Availability
of Municipal
Utilities:
Vehicular
Access:
Pedestrian
Access:
Engineering
Issues:
Site Planning
Issues:
Comp.
Corner of 73rd Avenue and University Avenue
Tract A, Registered Land Survey No. 78
2.3 acres
Generally level, with an incline at the east and northeast property boundaries.
Mixed native vegetation, grasses, and trees.
C-2, General Business / Registered Land Survey No. 78
Available
Via 73rd Avenue NE and University Avenue Service Road
73rd Avenue NE and University Avenue Service Drive
Calculations for storm pond retention areas to be approved by the City Engineer
prior to issuance of the building permit
This site has been the focus of discussion as a site once considered as a site for the
City's Municipal Liquor Operation. In 1997 the site was rezoned from M-2,
Heavy Industrial to C-2, General Business.
14.02
Staff Report
VAR #98-17, Corner of 73'� and University
Page 3
Planning
Issues:
Public Hearing
Comments:
The zoning and use of this land are consistent with the Comprehensive Plan.
To be taken
ADJACENT SITES
NORTH: Zoning: R-3, General Multiple Land Use: Multi-Family Residential
R-1, Single Family Res. Land Use: Single Family Homes
EAST: Zoning: M-2, Heavy Industrial
SOUTH: Zoning: M-2, Heavy Industrial
Land Use: Industrial
Land Use: Industrial
WEST: Zoning: C-2, General Business Land Use: Office
DEVELOPMENT SITE
REQUEST
Tim Yokum, Yokum Oil is requesting a variance to allow 40 additional square feet of signage on
free-standing pylon sign for their proposed development at the south-east corner of University
Avenue N.E. and 73=d Avenue.
SITE DESCRIPTION/HISTORY
The property is located south of 73rd Avenue at University Avenue.
ANALYSIS
Section 214.11. 02.B of the Fridley Zoning Ordinance limits free-standing pylon signs to 80 s.f.
The public purpose served by this requirement is to control visual degradation by eliminating
large and excessive signs. This Texaco/Taco Bell proposal is a joint facility on one lot. Unlike, a
more typical convenience store and restaurant, these uses share a lot and building and as such,
only one pylon is permitted per street frontage. Only one free-standing sign has been proposed.
The location of that sign is proposed to be as close as setbacks allow to the corner of 73rd
Avenue and University Avenue.
If additional signs were proposed along other street frontages, the consolidated sign areas of all
the free standing signs could not exceed 80 s.f.
14.03 �
Staff Report
VAR #98-17, Comer of 73`� and University
Page 4
Proposed Signs
The sign that the petitioner proposes consists of the following components:
REQUESTED
Texaco =
ATM / Car Wash =
Taco Bell =
36 sq. ft.
15 sq. ft.
42 sq. ft.
PERMITTED
Gas Prices = 27 sq ft.
Total 120 sq. ft. 80 sq. ft.
Location of Sign
The free-standing sign is proposed to be in the north-west corner of the site, as close as the Sign
Code prescribed setbacks will allow. As shown on the site plan, the sign is 10' from the
University Avenue right-of-way. Because there is not 10' of clearance below the sign, a 25'
setback from the corner vision safety zone would be required.
Code Section 214.11.02.D., states, A minimum height of ten (10) feet from the bottom of the sign
to the finished ground grade is required when a sign is within 25' of a driveway or a corner
vision safety zone. The sign meets the setback requirements.
Code Section 205, defines a Vision Safety Zone as: The triangular area of a corner lot, beginning at the
intersection of the street surface edge or curb lines, thence forty (40) feet along each curb line, thence a
straight line betzveen the two (2) points, but never more than the triangular are measured from twenty
five (25) feet from the intersection of ihe right-of-way lines.
Review of Sign Code
Prior to granting a variance from the literal provisions of the Sign Code, four conditions must be met by the
applicant. These four conditions are outlined in Section 214.21.02 of the Sign Code and are as follows:
A. That there are exceptional or extraordinary circumstances applicable to the property or to the
intended use that do not apply generally to other property in the same vicinity and district.
Reponse: The Texaco /Taco Bell site is one of the sites in the City with the greatest visibility
from both University Avenue and 73'd Avenue; this is not an exceptional or unique site.
There are 141oop-back parcels along University Avenue and 21oop-back parcels along Hwy
65. Visibility into this type of site is good, consequently, other variance requests have been
denied for uses in loop-back parcels (i.e. Freedom Station)
B. That the variance is necessary for the preservation and enjoyment of a substantial property right
possessed by other property in the same vicinity and district, but which is denied the property in
question.
y4.04
Staff Report
VAR #98-17, Corner of 73'� and University
Page 5
Response: This site would not be deprived of any property right, enjoyed by others in the
same vicinity.
C. That the strict application of the Chapter would constitute an unnecessary hardship.
Response: No, the petitioner would still have the ability to have an 80 sq. ft sign.
D. That the granting of the variance would not be materially detrimental to the public health, safety,
or general welfare, or detrimental to the property in the vicinity or district in which the property is
located.
Response: An over-abundance of signage can lead to visual clutter. Further, other property
owners in loop-back parcels may request additional signage to try and balance with an over-
abundance of signs on this site. �
SIMILAR PREVIOUSLY GRANTED VARIANCES
Though numerous pylon sign requests have been approved, typically the approval has been due
to two distinct properties agreeing to give up 1 sign in exchange for a combined larger sign.
Examples of those approvals include: Bob's/Lyndale Garden Center and Bachman's/Bachman's
Outlot. In these cases 120 s.f. was the sign size that was approved. In the case of Embers a
variance was granted to 160 s.f. many years ago. That sign pre-dated sign code requirements
and had been 280 s.f. Embers agreed to reduce its size 120 s.f.
In October, 1990, The City Council approved a variance to allow an increase in the maximum
square footage of a free-standing sign from 80 s.f. to 104 s.f.; to allow an existing 24 square foot
free-standing sign to remain, while also having a second free-standing sign to identify the
businesses within a multi-tenant complex. One stipulation was attached to this approval. That
stipulation required that: Winfield Development remove letters and words from the existing monument
sign, but may keep the red "W ". The "W" monument was later removed.
APPEALS COMMISSION RECOMMENDATION
Members of the Appeals Commission made a motion to approve variance request, VAR #98-17.
The motion failed on a 2- 2 vote.
RECOMMENDATION
Staff recommends that the Appeals Commission s recommend denial of VAR #98-17, due to the
lack of unique physical conditions on this site, which would warrant a variance.
14.05
Yocum Oil Company, Inc.
May 15, 1998
Mr. Scott J. Hickok
Planning Coordinator
City of Fridley
Municipal Center
6431 University Avenue NE
Fridley, MN 55432
Dear Mr. Hickok:
As part of our application for development of the corner of 73rd Avenue and University
Avenue, we are requesting a sign variance for the pylon sign. Our intent for the entue
project is to fit in well and be accepted by the local residents, employees, and commuters.
In an effort to do so, we have reduced some of the signage on our building, created a site
plan, landscape plan, and lighting plan that enhances the image Fri "_ey is creating for its
businesses and is environmentally friendly for everyone.
The development includes two major national retailers, Texaco and Taco Bell. For each
of us, the importance of having adequate signage is imperative to how we conduct
business. As with Taco Bell, Texaco relies on brand identification as a major source of
attracting customers. When we hire consultants to do market studies for us, they tell us
that using a national brand such as Texaco will increase volume by 15%. The gasoline
market has absolutely necessitated us to post our prices in order to compete. The signage
for the prices must be cleazly visible to the consumers and be connected to a Texaco logo
or sign.
We have taken the bare minimum for pylon signs available for the project we are
proposing and Taco Bell will be making a custom sign. We have limited our building
signage to be well below what is allowed in order to fit in with the neighbors.
Public health, safety, general welfare and property values have all been considered and it
is our belief that none of these issues would be adversely affected by the granting of such
a variance. The issues noted above clearly indicate that an undue hardship would be
caused if a strict application of tlus Chapter would occur. Our development is indeed an
extraordinary circumstance being that two major retailers of our nature will be working
together on this parcel. For these reasons, we are requesting a sign variance for the
successful implementation of the proposed development.
An Equal Opportuniry Employer
Duluth St. Paul__ Des Moines
1105 PortTerminal Drive 271f c�ad 10315 Hickman Road
Dulut218 i72256o�t�� 5802 MN 612/739 14•Ov5/386-6466 Des 515/276-08145322
800/528-962'I F 800/451-6904
FAX 611//59-6400
We aze looking forward to developing in the community of Fridley and building a long
lasting relationship with the city, its residents, and the many employees that work in the
area. If there are further questions or comments, please feel free to contact me at our
main office.
Sincerely,
( � %
Timothy C. ocum
fc:Itr38380.doc
14.07 �,
8' x 8' Primary identifier
ftem 426
Overatl Ht.� 30' — 40`
Maximum of 3 service modules
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MB-4 and one G sign) permitted.
Item 428
Item 413
13' x 13'
Primary Identifier
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Overali Ht: 60` — 80'
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�34 Black top io bottom.
14.08
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CITY OF FRIDLEY
APPEALS COMMISSION MEETING, JUNE 10,1998
ROLL CALL:
Chairperson Kuechle called the June 10, 1998, Appeais Commission meeting to order at
7:32 p.m.
ROLL CALL:
Members Present: Larry Kuechle, Caroi Beaulieu, Ken Vos, Terrie Mau
Members Absent: Blaine Jones ,
Others Present: • Scott Hickok, Planning Coordinator .
Tim Yocum, Yocum Oil Company, Inc.
Jon Yocum, Yocum Oil Company, Inc.
AI Quam, 399 - 73rd Avenue N.E.
Doug Sinclair, Tenant Services
234 Kennard Street, St. Paul� MN
Robin Crandall, M.D., Northwestem Orthopaedic
Surgeons Partnership
' ":• ' • ► _ ••: :" � •u�� •� u ►
MOTION by Ms. Mau, seconded by Dr. Vos, to approve the May 27, 1998, Appeals
Commission minutes as written.
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KUECHLE DECLARED
THE MOTION CARRIED UNANIMOUSLY.
1. PUBLIC HEARING: CONSIDERATION OF VARIANCE REQUEST. VAR #98-17.
BY YOCUM OIL COMPANY. INC.:
Per Section 214.11.02.8 of the Fridley Sign Code, to allow the maximum size of a
freestanding sign to be increased from 80 square feet to 120 square feet at the
southeast comer of 73rd Avenue and University Avenue� legally described as
Tract A, Registered Land Survey No. 78.
MOTION by Ms. Beaulieu, seconded by Ms. Mau, to waive the reading of the public
hearing notice and to open the public hearing.
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KUECHLE DECLARED
THE MOTION CARRIED AND THE �PUBLIC HEARING OPEN AT 7:34 P.M.
Mr. Hickok stated the request is for a sign variance for the property located at the
southeast comer of University Avenue and 73rd Avenue. Mr. Tim Yocum, Yocum Oil
Company, has requested a variance to allow an additional 40 square feet of signage on a
free-standing pylon sign for the proposed development at this location. A special use
permit for gas pumps and a car wash is also being processed which will be reviewed by
the Planning Commission on June 17. Both the variance request and the special use
permit will be reviewed by the City Council on July 13.
Mr. Hickok stated the sub�ect parcel is zoned C-2, General Business, and the proposed
uses will require a special use permit. Zoning to the east of the subject parcel is M-2�
Heavy Industrial; across the street to the west is C-2, General Business, and M-1, Light
Industrial; across the street to the northwest_is G2, General Business� and M-1, Light
14.11
4
APPEALS COMMISSION MEETING, JUNE 10, 1998 PAGE 2
Industrial; and to the north is R-2, Two Family Residential, and R-1, Single Family
Residential, the Melody Manor neighborhood.
Mr. Hickok stated the petitioner's hardship statement indicates: ". .. The development
includes two major national retailers, Texaco and Taco Bell. For each of us, the
importance of ha�ing adequate signage is imperative to how we conduct business ...
Public health, safety, general welfare and property values have all been considered and it
is our belief that none of these issues would be adversely affected by the granting of such
a variance. The issues noted ... clearly indicate that an undue hardship would be
caused if a strict interpretation of this chapter would occur. Our development is indeed an
extraordinary circumstance being that two major retailers of our nature will be working �
together on this pareel. For these reasons, we are requesting a sign variance for the
successful implementation of the proposed development ..."
Mr. Hickok stated the sign code section limits free-standing signs to 80 square feet. The
public purposed served by this requirement is to control visual degradation by eliminating
large and excessive signs. The petitioner is requesting 40 additional square feet to allow
joint tenant signage. Prior to granting a variance, the following provisions must be met:
A. That there are exceptional or extraordinary circumstances applicable to the
property or to the intended use that do not apply generally to other property in the
same vicinity and district.
The Texaco/Taco Bell site is one of the sites in the City with the greatest visibility from
both University Avenue and 73rd Avenue; this is not an exceptional or unique site. There
are 14 loop-back parcels along University Avenue and 2 loop-back parcels along
Highway 65. Visibility into this type of site is excellent; consequently, other variance
requests have been denied for uses in loop-back parcels (i.e. Freedom Station at 7600
University Avenue).
B. That the variance is necessary for the presenration and enjoyment of a substantia!
property right possessed by other property in the same vicinity and district� but
which is denied the property in question.
This site would not be deprived of any property right enjoyed by others in the same
vicinity if the variance were denied.
C. That the strict application of the Chapter would constitute an unnecessary
hardship.
The petitioner would still have the ability to have an 80 square foot sign.
D. That the granting of the variance would not be materially detrimental to the public
health, safety, or welfare or detrimental to the property in the vicinity or district in
which the property is located.
An over-abundance of signage can lead to visual clutter. Further, other property owners
in other loop-back parcels may request additional signage to try and balance with an
over-abundance of signs on this site.
Mr. Hickok stated staff received a letter from Mr. Robert Larsen, The Robert Larsen
Partners, dated June 10, 1998, requesting a comparable variance. He requested this
letter be entered into the public record.
14.12
APPEALS COMMISSION MEETING, JUNE 10, 1998 PAGE 3
Mr. Hickok stated variances to new signs up to 120 square feet have typically been
denied by the City Council. Approvals have been given reducing existing non-conforming
signs, i.e. Plywood Minnesota and Embers. Approvals have been given for combining
two lots into one, i.e. Bachman's and Bob's Produce. In each case, one business has an
80 square foot sign and the other has sacrificed square footage by having their sign with
another user up to a maximum of 120 square feet.
Mr. Hickok stated the sign is to be located near the intersection at the proper setbacks
from 73rd and University Avenues. There is a proposal for a motor fueUconvenience
store, fast food restaurant and a car wash on the site. A special use permit is required for
the motor fuel and car wash portion of the request. The property was recenUy rezoned
from M-2, Heavy Industrial, to C-2, General Business. At the time of that request, there
was a sketch plan proposed by the developer of this combination. The petitioners have
been careful to observe the initial site plan. There has been the addition of a drive-
through along the back of the site although they have created a berm with landscaping in
this area to screen the impacts of the drive-through around the back of the building.
Mr. Hickok stated the building itself is primarily brick with a rock face block exterior with
glass facing University Avenue. There is a separate entrance for the Texaco portion and
the Taco Bell portion of the facility. It has a raised seam metal roof and was designed to
provide the required utility features but also some architecture on site. The roof style is
designed to have more of a residential appearance. The back of the building is free of
doors to keep activity behind the building low and to provide for drive-through activities
behind the building. Near the edge of the site close to University is the proposed car
which will face southwest.
Mr. Hickok stated staff recommends denial of this variance request since the request
does not meet the criteria for issuing a variance. Although there have been approvals of
combination signs, it has been with two lots and the sacrifice of one sign in an effort to put
the sign in an optimum location and when there have been large signs being brought
closer to the code requirement.
Ms. Beaulieu asked if this is one lot.
Mr. Hickok stated, yes.
Ms. Beaulieu asked if the C-2 area across the street is two lots.
Mr. Hickok stated, yes.
Ms. Beaulieu stated that each lot then is entitled to 80 square feet of signage.
Mr. Hickok stated it is, but to subdivide this parcel would be difficult due to its shape. Safe
access would be very difficult from two individual lots in this location. The petitioners
could ask to have their property subdivided, but he did not know how realistic it is to think
that this parcel could be successfully divided.
MOTION by Dr. Vos, seconded by Ms. Beaulieu, to receive into the public record the
letter from Mr. Robert Larsen, The Robert Larsen Partners, dated June 10, 1998.
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KUECHLE DECLARED
THE MOTION CARRIED UNANIMOUSLY.
14.13
APPEALS COMMISSION MEETING, JUNE 10, 1998 PAGE 4
MOTION by Dr. Vos, seconded by Ms. Mau, to receive into the pubiic record the letter
from Mr. Robert Terrill, SFS Corporation, received June 10, 1998.
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KUECHLE DECLARED
THE MOTION CARRIED UNANIMOUSLY.
Mr. Tim Yocum stated they are developing the site. Taco Bell will be a tenant on the site
as well. Yocum Oil Company is a long time wholesaler as well as owner/operator to
Texaco gasoline service. They have a lot of experience with the operation that they are
proposing. They find it very critical with the types of retail facilities that they a�e
developing to have adequate signage.
Mr. T. Yocum stated the lot is a large lot, too large for just themselves. They typically
require 1.25 to 1.50 acres. As far as separation of lots, they could do some cross
easements. These signs are important to both businesses. He provided the letter from
SFS Corporation. Not only is the sign a condition of the approval of this site from the
franchisee, but the financing aspect is also critical to them, and that is conditional on what
they do with the site. The sign is definitely something they take into consideration. These
are some of the issues they have to look at. He introduced Mr. Sinclair who is a real
estate representative for Tenant Services and who will provide his perspective.
Dr. Vos stated they have a sketch of the suggested sign.
Mr. T. Yocum stated this is an attempt to show an example. A 13-foot by 13-foot sign is
what is recommended for an interstate site. Because of the traffic on University Avenue,
he would consider that an interstate site. The next size down is 8 by 8. They have
dropped the size to 6 by 6 to comply with the ordinance.
Dr. Vos stated that in looking at the sketch, it looks like they have 36 square feet on the
Texaco sign, 42 square feet on the Taco Bell sign, which is 78 square feet of the 80
square feet allowed. There are gas prices on the bottom that are part of the sign. Then
there is the ATM and the car wash. Those two are the ones that push the size over the
80 square feet. He would assume of the ATM, the car wash, and the gas prices, they
would not want to take off the gas prices.
Mr. T. Yocum stated the market demands seeing the prices. The issue is the same on
the ATM. He uses his ATM card frequently. There are fees assessed with using an ATM
machine that is not part of your system. When making a stop� he will look at the signs
looking for the same card that he has so it important to have that on the pylon.
Mr. T. Yocum stated that for the site they have proposed and the architecture of the
buildings on the site, they have tried to see what signs they need for advertising. They
also want to keep this a neighborhood store, and that is why they thought this type of
architecture would appeal to the area. They have drastically reduced the signs they put
on the building and put the signs where they are most important to them--away from the
architecture of the building and on a pylon sign.
Dr. Vos asked what the hours of operation would be.
Mr. T. Yocum stated they are typically open from 5:00 a.m. to 12:00 midnight.
Mr. Sinclair stated he operates a company called Tenant Services, Inc. He senres as a
consultant to Taco Bell as well as other fast f�n� restaurant chains. He had been asked
14.14
APPEALS COMMISSION MEETING, JUNE 10, 1998 PAGE 5
to speak as a representative of both Texaco and Taco Bell regarding signage.
Mr. Sinclair stated they want to demonstrate on an on-going basis that they are good
neighbors. They have designed an attractive building. It is not a typical convenience
store or Taco Bell building, but one that fits into the community. They have made sure
that it is well landscaped so it does have a softening feature to it. They have tried to
develop good circulation. With the help of staff, they have developed a drive-through lane
which will allow them to stack cars without having to put them into the parking area so
they do not have congestion that backs up onto the street. That was a big consideration
from a safety standpoint. They have involved a heavy amount of berming from the
neighbofiood side of the building towards the back where the drive-through will be to
shield the neighborhood from any impact that might be occurring as a result of the
operation of the drive-through. They have dealt with the lighting on the premises. As you
drive by many convenience stores and fast food restaurants, you will see some pretty
heavy lighting intended to attract people visually and to maintain a high degree of
security. They do not want to surrender the security. They have designed the lighting to
provide security, but to also shield it in such a way to not have an impact on the
neighbors. These are some of the things they have tried to do so make this compatible
with both the residential and also the industrial neighbors.
Mr. Sinclair stated they also want to demonstrate they are good business people. He and
Mr. Yocum have tried to coordinate two national brands so there is significant recognition
to the site. They have done more adequate designs on the property but have not been
excessive. They have tried to make sure they are not overdoing anything on the site.
They have associated themselves with national retailers that have a strong background in
operating their facilities. They know what works and what does not work. In their
particular businesses, signage is cn�cial.
Mr. Sinclair stated there are a number of convenience stores up and down University
Avenue. You need to know which is which because you may have a brand preference or
ATM preference that draws you into that business. The sign is designed to communicate
that. This is where all variances relative to signs fall and that is the issue of whe#her or
not there is a hardship. He does not totally agree with staffs assumptions. They are
concemed about the hardship that relates to things like setbacks and landscaping and
ponding. They don't have that. They can accommodate these things. They have
designed the site so it is a very functional. The hardship comes with what they call
competitive disadvantage. That competitive disadvantage relates to the exposure of the
site.
Mr. Sinclair stated he would not disagree with the comments about exposure to the site to
the northbound traffic. To northbound traffic, the site has good visibility. The concem is
the southbound traffic. The business is open in the moming for business. That is going
to be predominantly southbound traffic. Going southbound, there is visual impairment of
the site until you get to a point where you may have already had to make the decision to
make a left hand tum to get to it. Their concem is that the building is set back on the
property, but they still need exposure near the street in order to attract the attention of
those people going southbound on University Avenue.
Mr. Sinclair stated that if you look at the west side of University Avenue, you do not have
that impairment. In both directions, there is nothing in the median and nothing developed
that would cause that visual conflict. Along this area with all the landscaping and with the
residential built up to the frontage road, there is the potential of visual impairment of the
building itself which would be one of their landmarks. This is one of the reasons they feel
14.15 _
APPEALS COMMISSION MEETING, JUNE 10, 1998 PAGE 6
there is a competitive disadvantage. They do not have the same quality of visuai impact
that a business like Conoco has. In addition, they also have two tenants whereas
Conoco is only advertising itself.
Mr. Sinclair stated another thing to take into consideration is the car wash. The car wash
sits on the southwest comer and will block the impact from customers until they are past a
point where they are reasonably safe to make the decision to tum.
Mr. Sinclair stated the intent is not to kill the customer with signage. They are looking for
120 square feet of signage on a pylon sign. They did a calculation of the total signage
they could put on the building. They came up with 1,324 square feet of signage on the
building. They do not want to do that. They have drawings to show signs placed on the
building and the impact that would have. If they were to utilize even 75% of that, it would
look gaudy.
Mr. Sinclair stated the design they have used and the signage they are proposing is a
small Taco Bell sign over the drive-through visible on 73rd and visible to southbound
traffic once they get to the intersection. They are proposing nominal signage on the
building itself—a Taco Bell sign and a Texaco sign over their entrance doors and there
may be a sign for ATM. They have nothing on the back of the building. On both ends of
the building, there are signs simply stating entrance or exit on the car wash. On the far
side of the car wash facing University Avenue, they have Taco Bell on one end and the
car wash with a Texaco logo on the other end. The total square footage of wall signs as
proposed is 253 square feet. They intended to down scale the impact of the buildings on
the street itself. These are distract�ons. A pylon sign gives the ability to identify from a
safe distance so they can make a decision to tum.
Mr. Sinclair stated they talked about altematives. One is maximum signage if they did
everything on the site. If they could each get an 80 square foot sign instead of one 120
square foot sign, they could work easements for the drive-through, parking, access, etc.
These are things that could be done, but they don't need to be done. They ask that the
consideration be made. They are trying to use a larger piece of property for two
businesses. Bob's Produce and Bachman's have large pieces of property with two
businesses, and they need the same type of identity.
Ms. Beaulieu asked how big the lot is that is occupied by Bob's Produce and Lyndale
Garden Center.
Mr. Hickok stated he did not have that information.
Mr. T. Yocum stated they talked to Mr. Hickok about competition and how it relates to
each of their businesses. Taco Bell will have less than what everyone else has. The
others have 80 square feet. The variance will allow them to get closer to what the others
have. The Fina station is down 73ro at Highway 65. The Fina sign is 196 square feet fir
"Fina" plus four signs for prices. That is right down the street. That is a competitive
disadvantage. That is another reason they are requesting a variance. There is also the
factor of the precedence.
Mr. Quam stated he has been involved with this piece of property for some time. He is a
neighbofiood representative. He has lived here since 1968. University Avenue has
improved a lot compared to the way it was in 1968. Last night, he took a drive from 81 st
to Mississippi and looked at the residential side of the street. Jiffy Lube has a small but
distinctive sign and the proposed development has some signage that is very appropriate.
14.16 -
APPEALS COMMISSION MEETING, JUNE 10, 1998 PAGE 7
He did not think a variance should be granted. He thought it would be detrimental. They
should keep the same load as the rest of the properties along there. As far as the
comment about having the southbound disadvantage, he thought he would be able to
see that sign from Osbome Road. There is nothing in the way. He would like to
compliment them for a plan that is sensitive to the neighbofiood. He has more questions
about the elevations, berms, vegetation, etc., which he will address at the Planning
Commission meeting. He would agree with stafPs recommendation to deny the variance.
Dr. Vos stated this loopback parcel has had a number of requests. He gets the
impression that this might be compatible with the neighbofiood.
Mr. Quam stated they have visually done some things in the design that have some merit.
It is not the business that they would like to have there overall. An office building would
be preferred. It has been rezoned now for commercial. It is probably an appropriate
business there.
Dr. Vos stated he understood that Mr. Quam had stated that the sign could stay at 80
square feet and still be visible.
Mr. Quam stated that in his opinion, they have not presented any real evidence for a
larger sign. They have stated it is imperative, a business disadvantage, etc. Conoco is
up the road, but it has no residential buildings close to it.
MOTION by Dr. Vos, seconded by Ms. Mau, to close the public hearing.
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KUECHLE DECLARED
THE MOTION CARRIED AND THE PUBLIC HEARING CLOSED AT 8:16 P.M.
Ms. Beaulieu stated she thought there was a hardship in the size of the property. It is C-2
and is two businesses. She was sure they would get their own sign in addition to the car
wash that is right next to it. Another business has one twice as big because it has two
lots, and because this is one lot, it gets only 80 square feet. She saw a hardship there.
Ms. Mau agreed. They have made great strides to try to keep the business compatible
with the neighborhood. The sign is not cluttered. She felt one pylon sign is far better than
a number of small signs that could be put on the side of the building and would
aesthetically look better. She would say there is a hardship.
Dr. Vos stated he would recommend denial. He thought the sign is cluttered with four
different signs on it. Being creative, he thought they could still get 80 square feet on there
and still get the message of Taco Bell, ATM, car wash, Texaco and gas prices. He has
seen it in other places and people are still stopping in to buy gas. He agrees it is a large
lot. If that argument were true, everyone with a large lot would just increase their signs..
He would vote to deny the variance and.let the City Council struggle with the precedent.
Mr. Kuechle stated he thought there were some unique features there. He also wanted to
compliment the petitioners for having done an outstanding job of trying to get the site
aesthetically pleasing. He was not sure how to deal with the fact that there are two
distinct businesses in one lot., and there is no way in the cuRent city ordinance to permit
a 160 square foot sign. When all is said and done, he would recommend against granting
approval.
MOTION by Ms. Beaulieu, seconded by Mau,_.to recommend approval of Variance
14.17
APPEALS COMMISSION MEETING, JUNE 10, 1998 PAGE 8
Request, VAR #98-17, to ailow the maximum size of a freestanding sign to be increased
from 80 square feet to 120 square feet at the southeast comer of 73rd Avenue and
University Avenue, legally described as Tract A, Registered Land Survey No. 78, with the
following stipulation:
1. The amount of wall signage shall be limited to 300 square feet.
UPON A VOICE VOTE, WITH MS. BEAULIEU AND MS. MAU VOTING AYE, AND DR.
VOS AND MR. KUECHLE VOTING NAY, CHAIRPERSON KUECHLE DECLARED A
TIE VOTE. '
Mr. Hickok stated tFie City Council would consider this request on July 13, at which time
the City Council wilf also consider a special use permit.
2.
Per Section 205.14.031
percentage of property
41 %;
Per Section 205.14.03.0
setback from 35 feet to 1
(1).(b) of the Fridley Zoning Code, to allow the
� be covered by building to be increased from 35% to
Per Section 205.14.03.C.(2).
yard setback from 35 feet to
of the Fridley Zoning Code, to reduce the front yard
et for a parking deck;
Per Section 205.14.03.C.(2).(b
yard setback from 35 feet to 0�
of the Fridley Zoning Code, to reduce the side
feet for a parking deck;
the Fridley Zoning Code, to reduce the side
for a parking deck ramp;
Per Section 205.14.05.D.(4) of the ridley Zoning Code, to reduce the two-way
driveway aisle width from 25 feet to feet for the parking deck and from 25 feet to
24 feet for the parking deck ramp;
Per Section 205.03.55 of the Fridley Zo%ing Code, to reduce the width of parking
stalls from 10 feet to 9.6 feet; \
To allow the construction of a 29-stall park�ig deck on Lot 1, Block 1, Caba Realty
First Addition, generally located at 8290 Unl�ersity Avenue N.E.
MOTION by Dr. Vos, seconded by Ms. Beaulieu, to
hearing notice and to open the public hearing.
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPEP
THE MOTION CARRIED AND THE PUBLIC HEARING
the reading of the public
N KUECHLE DECLARED
EN AT 8:23 P.M.
Mr. Hickok stated the request is for the property at 8290 U'versity Avenue. Dr. Crandall
is requesting six variances to allow the construction of a pa ing deck at this location.
These variances include an increase in the maximum allowa e lot coverage by a three
story building from 30% to 40.2%; to reduce the front yard set ack from 35 feet to 15 feet;
to reduce the east side yard setbacks from 35 feet to 15 feet; t reduce the west side yard
setback from 25 feet to 0 feet for the ramp to the deck; to redu the driveway width to 22
feet on the deck and 24 feet on the ramp; and to reduce the size of the parking stalls from
10-feet to a 9.5-foot width.
14.18
FRIDLEY CITY COIINCIL l�E$TING OF OCTOBER 2, 1989 PAGE 7
Ms. Dacy stated the Appeals Commission stated this var nce request
would be submitted to the Council on October 2, 19�
Councilman Fitzpatrick stated he understands me of the neighbors
signed a petition indicating they were awar of the request and had
no obj ections, with the exception of one rson who wanted to think
about it.
Mayor Nee asked what Mr. Schrei s meant when he stated at the
Appeals Commission meeting tha 'it would be the only house on the
block that would extend beyo the other houses." Ms. Dacy stated
she believed he was referr' g to the rear of the homes because the
front yard setback would e maintained.
Councilman Fitzpatr
with development.
more extensive an
seems reasona e.
i,;e'k stated this lot has a history of problems
He stated the variances granted in 1986 were
w�at is now being requested and this variance
MOTION b ouncilman Fitzpatrick to grant the Variance, VAR #89-
23, to educe the side yard setback for an accessory building on
a c er lot from 30 feet to 20 feet. Seconded by Councilman
S eider. Upon a voice vote, all voting aye, Mayor Nee declared
he motion carried unanimously.
D. CONSIDERATION OF A VARIANCE VAR #89-24 TO INCREASE
THE TOTAL SOUARE FOOTAGE OF SIGNAGE FROM 80 SOUARE
FEET TO 220 SOUARE FEET (2 PRICE SIGNS AT 110 SOUARE
FEET EACH) ON LOT l. BLOCK 1 COMMERCE PARK THE SAME
BEING 7600 UNIVERSITY AVENUE N.E.. BY CONOCO SNC •
Ms. Dacy, Planning Coordinator, stated this is a request to
increase the total square footage of signage from 80 square feet
to 220 square feet. She stated the Sign Ordinance allows
properties to have more than one freestanding pylon sign if it has
more than one street frontage, however, the total square feet must
not exceed 80. She stated the petitioner has adequate means to
advertise the business with an 80 square foot sign, as wall signage
is permitted as well.
Ms . Dacy stated Conoco is petitioning for this variance as they are
refurbishing this site of the Jet Mart Station.
Ms. Dacy stated the Appeals Commission recommended denial of this
variance request. She stated staff has since received information
from Conoco that they wish to reduce their request to have one 110
square foot sign, rather than two signs of 110 square feet each.
She stated the petitioner is present this evening and may wish to
confirm this request.
Ms. Connie Lutton, District Manager for Conoco, stated when they
originally submitted the variance request, they were under the
14.19
FRIDLEY CITY COIINCZL MEETING OF OCTOBER 2 1989 PAGE 8
impression that 80 square feet per siqn was allowed. She stated
she would like to change the variance request to have only one sign
at 110 square feet.
Mr. Herrick, City Attorney, asked if there was some particular
reason why they needed a 110 square foot sign.
Ms . Lutton stated it is a standard sign that Conoco uses throughout
the company.
Mr. Burns, City Manager, asked staff if they knew the range of
variances allowed in the past.
Ms. Dacy stated Viking Chevrolet had a sign up to 200 square feet.
She stated several other applications for sign variances were
received from other gas station owners, with most of them being
denied.
Ms. Lutton stated Fina has a 196 square foot sign.
The Regional Manager stated a variance was received in 1985 to add
to their sign when they wished to advertise diesel fuel.
Ms. Dacy stated this variance is not reflected in the master list
of variances which dates back to 1981.
Councilman Billings stated he was prepared to concur with the
recommendation of the Appeals Commission to deny this variance
request for the two signs totaling 220 square feet, however, he
would like the item tabled to the next meeting for staff to
research the size of the existing sign and check if a variance was
granted at this location in 1985.
MOTION by Councilman Billings to table this item until the next
regular meeting. Seconded by Councilman Fitzpatrick. Upon a voice
vote, all voting aye, Mayor Nee declared the motion carried
unanimously.
4. CONSIDERATION TO CLOSE PROJECT #629. CRIME PREVENTION. AND
RETURN UNUSED CDBG FUNDS TO ANOKA COUNTY: /
Mr. Robertson, Community Development Director, s ed the City
received $15,500 in CDBG funds to conduct a s rity program for
low and moderate income households by ' allation of security
locks. He stated a portion of the ds were to be used in the
actual implementation and a ion for administrative and
advertising costs. He ed there is a surplus in the
administrative and adve sing fees of $1,023.73 and this should
be returned to Anok ounty.
MOTION by Co cilman Fitzpatrick to authorize staff to notify Anoka
County t Crime Prevention Project �629 authorized in 1986 is
14.20
e
FRIDLEY CITY COIINCIL I�iEETZNG OF OCTOBER 23, 1989 PAGE 2
Schneider. Upon a voice vote, all voting aye, Mayor Nee declared
the motion carried unanimously.
Mr. Pribyl, Finance Director, stated this is a request for an on-
sale beer license for the Yung Tae Hoe Restaurant at 6440
University Avenue. He stated a background investigation has been
completed and staff is recommending approval. �
�.
Councilman Billings stated the�public hearing,,notice states the
public hearing is to be on November 23, 1989 and questioned if this
was the date published in the hearing notice. After checking the
publication in the Fridley Focus, the hearing date published was
November 23, 1989, therefore, it was determined that this notice
was defective and the public hearing.should be re-published and
held on November 20, 1989. �
No persons in the audience spoke regarding the issuance of this on-
sale beer license.
i
MoTION by Councilman Billings�to find the publication of the public
hearing defective, close th.iis hearing and order the public hearing
to be re-published for No�ember 20, 1989. Seconded by Councilwoman
Jorgenson. Upon a voice�vote, all voting aye, Mayor Nee declared
the motion carried unanimously.
OLD BUSINESS:
2.
MOTION�by Councilman
Ordir�ance No. 936,
pub�ication. Seconde
vqt�e, all voting aye
unanimously.
Billings to waive the second readinq of
adopt it on second reading and order
d by Councilman Fitzpatrick. Upon a voice
, Mayor Nee declared the motion carried
3. CONSIDERATION OF A VARIANCE REOUEST. VAR #89-24. TO INCREASE
THE TOTAL SOUARE FOOTAGE OF SIGNAGE FROM 80 SOUARE FEET TO 110
ON LAT 1. BLOCK 1. COMMERCE PARK. THE SAME BEING 7600
UNIVERSITY AVENUE N.E.. BY CONOCO, INC. (TABLED 10-2-89):
Ms. Dacy, Planning Coordinator, stated this item was tabled at the
last Council meeting in order for staff to determine if a variance
for a sign greater than 80 square feet had been approved previously
for this property. She stated in August, 1983, a variance request
was filed to increase the signage from 80 to 183 square feet,
however, this variance was denied.
Ms. Dacy stated this variance request was originally for two free
standing pylon signs each to be 110 square feet. She stated the
114.21.
,l � -
i
FRIDLEY CITY COIINCIL MEETING OF OCTOBER_23, 1989 PAGE 3
petitioner has now reduced the request to one pylon sign of 110
square feet which would be 30 square feet over what the ordinance
allows.
Ms. Dacy stated both staff and the Appeals Commission recommend
denial of this variance as it does not meet the criteria for a
variance as outlined in the Sign Ordinance.
Councilman Billings stated his primary concern was if variances had
been issued in the past. He stated the current signage is 75
square feet and seems to be adequate for this station.
Ms. Connie Lutton, District Manager for Conoco, presented photos
of signs at other Conoco stations. She stated the signage they are
requesting is a standard sign which Conoco uses nationwide.
Mayor Nee commended Conoco for the attractiveness of this station,
and stated he did not have a problem with the increased signage
they are proposing at this particular location. He stated,
however, if this variance was granted, it would definitely set a
precedent and the Council may be obligated to grant other requests
of a similar nature.
Ms. Lutton stated she has taken pictures of other signs in Fridley
which are greater than the 80 square feet allowed by the ordinance.
She stated one such sign is for Bob's Produce.
Mayor Nee stated some of the signs existed before the Sign
Ordinance was adopted and they are, therefore, grandfathered such
as Bob's Produce.
Councilman Fitzpatrick stated what Ms. Lutton is doing is exactly
what the next person would do if they requested a variance. He
felt to grant the variance would set a precedent.
Ms. Dacy stated an alternative may be to list two types of fuel on
one side of the sign and the other two types of fuel on the other
side to meet the requirements of the Sign Ordinance.
Councilman Billings felt there are options available and even
though he does not find the sign displeasing, it does not meet the
code and there really is not a hardship.
MOTION by Councilman Billings to deny this variance, VAR #89-24.
Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting
aye, Mayor Nee declared the motion carried unanimously.
14.22
FRIDLEY CITY COIINCIL MEETING OF DECEMBER 11 1995 PAGE 20
that, to date, the City has provided the Rice Creek Wat shed
District with $25,000 as part of the petition process to et the
project started.
MOTION by Councilwoman Jorgenson to adopt Resoluti No. 95-1995.
Seconded by Councilman�Billings. Upon a voice v e, Councilwoman
Jorgenson, Councilman Billings and Mayor Pro em Schneider voted
in favor of the motion. Councilwoman Bolkco bstained from voting
on the motion. Mayor Pro Tem Schneid declared the motion
carried.
11.
�
Mr. Hunt, Assistant to the City Manager, stated that this
resolution authorizes a tw percent increase in salaries; an
increase of two percent automobile allowances; a one cent
increase in mileage rei ursement from 29 cents per mile to 30
cents per mile, and supplemental holiday pay for sergeants
equivalent to one-hal of their regular rate of pay for work on
City designated hol' avs.
MOTION by Counc�,�'man Billings to adopt Resolution No. 96-1995.
Seconded by Co�lcilwoman Bolkcom.
MOTION by Co ncilman Billings to amend this resolution by increa-
sing the laries of City employees from two percent to three
percent d increasing the automobile allowances from two percent
to thre percent. MOTION FAILED FOR LACK OF A SECOND.
UPON A VOICE VOTE TAKEN ON THE ABOVE MOTION, Councilwoman
Jo enson, Councilwoman Bolkcom, and Mayor Pro Tem Schneider voted
i favor of the motion. Councilman Billings voted against the
otion. Mayor Pro Tem Schneider declared the motion carried.
21. VARIANCE REOUEST VAR #95-34 BY ERICKSON OIL PRODUCTS TO
INCREASE THE MAXIMUM SIZE OF A FREE-STANDING SIGN FROM 80
S4UARE FEET TO 126 SOUARE FEET GENERALLY LOCATED AT 7600
UNIVERSITY AVENUE N E (WARD 3)•
MOTION by Councilwoman Bolkcom to table this item until the first
meeting in January, 1996 at the request of the petitioner.
Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting
aye, Mayor Pro Tem Schneider declared the motion carried
unanimously.
22. INFORMAL STATUS REPORTS-
Mr. Burns, City Manager, s ed that he would like to discuss the
attorney contracts in th informal session.
Councilwoman Bolkco suggested that Council discuss the warming
houses. �
14.23
FRIDLEY CITY COIINCIL MEETZNG OF JANIIARY 8. 1996 _ PAGE 11
Mayor Nee stated that Councilman Billings' point was w 1 taken.
He felt, in practical terms, this was an extraordina situation.
Councilman Billings stated that the only thi he finds unique
about this request is that, at this t' e, the street is
undeveloped. He stated that throughout t history of the City,
there have always been streets that wer ndeveloped. To grant a
variance adjacent to a street merely cause it is undeveloped is
not the kind of thing he felt the C' y should be doing.
Councilman Schneider stated tha there is an existing garage there,
and this is only a two foot ifference against vacant property.
He stated that while he a ees that the integrity of the zoning
code is important, the titioner is making effective use of the
garage now. He stat that the alternatives are costly, and it
does not make sens o not allow the variance. He stated that a
long-time reside wishes to improve his property, increase the tax
base, and this eems a reasonable tradeoff.
UPON A RO CALL VOTE TAKEN ON THE ABOVE MOTION, Councilman
Schneid , Councilwoman Jorgenson, Councilwoman Bolkcom and Mayor
Nee ed in favor of the motion. Councilman Billings voted
ag 'nst the motion. Mayor Nee declared the motion carried by a
ur to one vote.
18. VARIANCE RE LTEST VAR #95-34, BY ERICKSON OIL PRODUCTS, INC.,
TO INCREASE THE MAXIMUM SIZE OF A FREE-STANDING SIGN FROM 80
SOUARE FEET TO 126 S4UARE FEET, GENERALLY LOCATED AT 7600
UNIVERSITY AVENUE N.E. (WARD 3� (TABLED DECEMBER 11, 1995):
Mayor Nee removed this item from the table.
Mr. Hickok, Planning Coordinator, stated that this is a request to
increase the size of a free standing sign from 80 square feet to
126 square feet at 7600 University Avenue. He stated that in re-
viewing the conditions for a variance, the petitioner has not met
four conditions. He stated that the Appeals Commission has
recommended denial of this request and staff concurs.
The petitioner was not present at the meeting.
MOTION by Councilwoman Bolkcom to deny Variance Request, VAR #95-34
by Erickson Oil Products, Inc. Seconded by Councilman Schneider.
Upon a voice vote, all voting aye, Mayor Nee declared the motion
carried unanimously.
NEW BUSINESS•
19.
\-
0
Mr. Hickok, nning Coordinator �d that this is a request for
a varian to reduce the side ya �4.24 �ack from 20 feet to 2. 9 feet
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Variance for �Yee Stancling Sign
Petitioner.• Tim Yacum
Variance, VAR #98-17
Zoning.• C-2, �'�eneral Business
SE Corner of UniU Av c� 73 Av
14.25
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Date: OS/29/1998
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The Ciiy oF Fridey v�ll not be respor�ble for �'
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DESCRIPTION OF REQUEST:
On the behalf of Micro-Matics, Jason Reiling is requesting variances to allow the
reconstruction of an industrial building at 7871 Hickory Street NE.
SUMMARY OF REQUEST:
The petitioner has indicated a desire to reconstruct his industrial building that was totally
destroyed by fire on February 15, 1998. The plan is to reconstruct the exact same size
building as that which was destroyed. A parking setback variance (5' to 0') was granted in
1978 . A new building will require the following variances.
1. To reduce the lot area from the required 1.5 acres to .37 acres;
2. To reduce the width from 150 feet to 120 feet;
3. To reduce the side yard setback hom 30 feet to 26 feet;
4. To reduce the parking setback from the side lot line from 5 feet to 0 feet;
5. To reduce the parking setback hom the reaz lot line from 5 feet to 0 feet;
6. To reduce the parking setback azea from the main building from 5 feet to 4.5 feet;
7. To reduce the parking setback from the alley hom 15 feet to 0 feet; and
8. To reduce the drive aisle width for 2-way traffic from 25 feet to 15 feet.
PREVIOUSLY GRANTED VARIANCES
Since 1983 the City has considered and approved 23 industrial plats or lot splits. Only seven of
those approved had lots which did not meet the 1.5 acre requirement. Of those, two created
lots which were developed with structures (7940 Rancher's Road and 1130 - 73rd Avenue). The
remaining lots were used for access purposes, or combined with larger adjacent parcels to
correct existing encroachments or as green space.
A lot area variance to .3 acres was granted to 7786 Beech Street to allow an addition to an
existing structure.
APPEALS COMMISSION RECOMMENDATION
The Appeals Commission recommended approval of the 8 variances requested under VAR
#98-19. The Commission also recommended that the City Council direct staff to process a
zoning amendment to create a zoning overlay for the Onaway district. The new zoning would
match standards with the industrial development that has occurred in this district.
RECOMMENDATION
Staff recommends denial of the 8 variances requested under VAR #98-19 due to the magnitude
of the requests as a package, and since there are no unique characteristics applicable to the lot.
15.01
Staff Report: VAR #98-19
7871 Hickory Street
Page 2
PROJECT DETAILS
Petition For: On the behalf of Micro-Matics, Jason Reiling is requesting 8 variances
to allow the reconstruction of an industrial building at 7871 Hickory
Street NE. The petitioner hopes to reconstruct his industrial building
that was totally destroyed by fire on February 15, 1998. His plan is to
reconstruct the exact same size building. A parking setback variance
(5' to 0') was granted in 1978. A new building will require that and 7
other variances.
Location: 7871 Hickory Street
Legal Description
of Property: Lots 20-22, Block 3, Onaway Addition
Lot Size:
Topography:
Vegetation:
Existing Zoning:
Municipal
Utilities:
Vehicular
Access:
Pedestrian
Access:
Engineering
Issues:
Site Planning
Issues:
16,280 sq. ft. / .37 acres
Flat, developed surrounding this site
Urban Lawn
M-2, Heavy Industrial
Connected
From Hickory Street via 79th Avenue NE
Sidewalk from Hickory to building
The Onaway Addition does not have storm sewer. All lots are sized of a
pre-storm pond era.
Lot widths, setback distances of building and parking, drive aisle widths.
� 15.02 2
Staff Report: VAR #98-19
7871 Hickory Street
Page 3
Comprehensive
Planning Issues:
Public Hearing
Comments:
Zoning and �the Comprehensive Plan are consistent in this location.
To be taken.
DEVELOPMENT SITE
REQUEST
On the behalf of Micro-Matics, Jason Reiling is requesting 8 variances to allow the
reconstruction of an industrial buiiding at 7871 Hickory Street NE. The petitioner hopes to
reconstruct his industrial building that was totally destroyed by fire on February 15, 1998.
His plan is to reconstruct the exact same size building. The original building was granted
A parking setback variance (5' to 0') was granted in 1978. A new building will require a
total of 8 variances.
HARDSHIP STATEMENT
A February 15, 1998 fire destroyed the building that housed Micro-Matics. Owners hope
to rebuild the business, but have indicated, [the lotJ does not meet 1.5 acre minimum.
SITE DESCRIPTION/HISTORY
Onaway Addition was recorded as a plat on August 8, 1911. On the original Onaway plat,
Hickory Street was called Willow Street. Later, many of the street names in the Onaway
Addition were changed. The east/ west streets became 77� , 78� and 79� Streets.
The City was asked to vacate Hickory Street in 1973 by Mr. Allan Zeis. The vacation
occurred (SAV 73-11, Ord. 556) . In August 1976, Allan Zeis asked the City to rescind his
vacation request. According to records, the installation of Hickory then occurred in
conjunction with numerous other City road construction projects in 1977.
Lots 16 to 30, Block 3, were allegedly purchased from Mr. Zeis, by D.W. Harstad. That total
Harstad land area contained 1.87 acres. As one development, this lot met the minimum lot
standard of 1.5 acres. In 1977, D.W Harstad asked the City for a variance to allow
construction of a 75' X 120' industrial building on 16, 17, 18 ,& 19 (lots north of aur subject
parcel). T'he variance asked to allow parking to be on the property line (0', rather than 5').
The City approved the variance.
In 1978, D.W Harstad received a building permit to build a zero-lot line building on Lots 20,
21, & 21. A request was made to separate lots 16,17,18, &19, from the remaining 11 lots for
recording of special assessments. The request was not a formal subdivision request, but for
special assessments related to improving Hickory Street. Curiously enough, there was no
mention of other variances that should have been addressed at that same time. Apparently,
since a formal subdivison did not occur, none of the typical land area or setback issues were
15.03 3
Staff Report: VAR #98-19
7871 Hickory Street
Page 4
brought forward. Variances like the ones being considered as part of this current petition
should have been addressed.
Just as curious is the fact that Mr. Harstad, who had already had a lot that was too small,
according to the industrial standard of the time, now was allowed (as it appeazs from the
records available) to subdivide Lots 20,21,&22 into a separate tax parcel. The County records
show that dating back to 1928, Lots 20, 21, & 22, were combined as one Tonens tax parcel.
That may be why they allowed the tax division without formal action by the City Council.
The Micro-Matic building was built on these three lots. Again, short of the 5'-0' parking
setback variance, no other variances were requested or received. All 7 of the other variances
requested at this time should have been (and were not) addressed at that time.
What was once barely enough land as a single development parcel, in the industrial district,
was now 3 development parcels (at least for tax purposes). Worse yet, the parcels were now
independently owned without the benefit of a condominium plat, and none of the parcels
could stand alone without being non-conforming. Today, the 3 Development parcels appear
to have been further divided (tax division only) to 4 development parcels.
In March and May of 1979, Mr. Harstad was granted 2 additional building permits. These
permits allowed a 73' X 115' building on Lots 27 -30, Block 3 and a 73' X 115' on Lots 23-26,
Block 3. Now, 4 independent buildings and owners occupy what was one development
parcel. Each independent building is non-conforming and would have precisely the same
issue as those being addressed on the Micro-Matics property today.
ADJACENT SITES
North:
East:
South:
Zoning: M-2, Heavy Industrial
Zoning: M-2, Heavy Industrial
Zoning: M-2, Heavy Industrial
Land Use: Industrial
Land Use: Industrial
Land Use: Industrial
West: Zoning: M--2, Heavy Industrial Land Use: Industrial
ANALYSIS
Granting or not granting the Micro-Matics variances obviously will have huge �olicy
implications. If the 8 variances are granted, the City has in essence set a new standard for
the M-2, Heavy Industrial district because these conditions are not unique to this parcel.
Each of the 4 parcels along the east side of Hickory have the same conditions. Looking
elsewhere in the Onaway Addition, Hickory may not be the only street with industrial sites
in this situation.
Given the facts surrounding this case, staff has no alternative but to recommend denial of the
8 variances requested.
15.04 4
Staff Report: VAR #98-19
7871 Hickory Street
Page 5
PREVIOUSLY GRANTED VARIANCE
Since 1983 the City has considered and approved 23 industrial plats or lot splits. Only seven
of those approved had lots which did not meet the 1.5 acre requirement. Of those, two
created lots which were developed with structures (7940 Rancher's Road and 1130 - 73rd
Avenue). The remaining lots were used for access purposes, or combined with larger
adjacent parcels to correct existing encroachments or as green space.
A lot area variance to .3 acres was granted to 7786 Beech Street to allow an addition to an
existing structure.
APPEALS COMMISSION RECOMMENDATION
The Appeals Commission recommended approval of the 8 variances requested under VAR
#98-19. The Commission also recommended that the City Council direct staff to process a
zoning amendment to create a zoning overlay for the Onaway district. The zoning
amendment would match standards with the industrial development that has occurred in
this district.
RECOMMENDATION
Staff recommends denial of the 8 vaxiances requested under VAR #98-19 due to the
magnitude of the requests as a package, and since there aze no unique characteristics
applicable to the lot. �
15.05 5
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� S1 - M�de Paric Nei9hborhood
S2 - f�opneri astrid
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Variances to R,ebuild at Site
Petitioner:• Jason Reiling
Variance, VAR #98-19
Zoning.• 11�2, Heavy I�trzal
7871 Hickory Str� �� "'L'
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it,ed��r�a n� � �t �o _ �.
The �y of Friaey wd� nc�t be respo�le _ i
ur�fo�see�► errors or u�e oF tt�.s doasr�rt�
I/
ci-nr oF Fwo��r
6431 UNIVERSITY AVENUE
FRIDLEY, MN 55432
(612) 571-3450
COMMUNITY DEVELOPMENT DEPARTMENT
VARIAN E APPLICATION FOR:
Residentiai Commercial/Industrial Signs
PROPERTY INFORMATION: - site plan required for submittal, see attached
Address: %'� f Z ��� �-rl���� 1� .�
Property Identification Number. a3 -3�-Z�f-�`�-°°32
Legal Description: Lot �-ZZ Block Tract/Addition
Current Zoning: I�; - 2 Square fo tage/acreage: �
Reason for Variance: ��,�_ 1J.n� m.Q�' 1.•
Have you operated a business in a city which required a business license?
Yes No tf Yes, which city?
If Yes, what type of business?
Was that license ever denied or revoked? Yes No
titi��V1V�V��V1r�V�V�Vti�V�VtiAr11/rr1V Vti�V�V�V�V�V1�Yrtititi�Y11V�V�V1�V�r1Vti�V�V�V�V�VtitiA/�/1V�/�/V�V�V�/N�YMIMM
FEE OWNER INFORMATION (as it appears on the property title)
(Contract �urchasers: Fee owners must sign this form prior to processing)
NAME: J �-se �.r ; � �
ADDRESS: .C�S� �� c�� c1�le N S�y3�
DAYTIME PHONE: 7 O�70�1 SIGNA RE/DATE: �'� /-4�
PETITIONER INFORMATION "
NAME: SG..•--c_ �.s ��✓-�
ADDRESS:
DAYTIME PHONE: SIGNATURE/DATE:
�V�V^�A�1i�Vti�V�I^/A��►r�V�I�IIAI�►Ii►I���VSr1r��AIM^��V�i��ti�I���V �►14�IA��V�I�V�r�tiAIA/A/Ar��ArI��NN�V^�A��V��N�VIAIAIAI�V^/ti�rAl
Section of City Code:
FEES .
Fee: $100.00 for commercial, industrial, or signs: �-
Fee: $60.00 for residential properties: Receipt #: Z S� i Received By:
Application Number. � -19
Scheduled Appeals Commission Date: un e L`� /!��
Schedu(ed City Council Date: � 3 3 a
10 Day Application Complete Notific tion ate: �lune �" ,/�9g _
60 Day Date: ���� Z�, � 9� 8' __
15.07
@1/I1/1996 ee:29 6I27802706
8050 RANCHERS
June 19, 1998
MICRO MATICS
PAGE 01
,
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/ MINNEAPOLlS, MINNESOTA 55432 /�612) 788-2700J FAX (812) 780-2706
' � . Scott Hickok - lari�ing Coordinator ,
Ciry of Fridley �
. , 6�431 L7ni:versi. Ave NE � � . . . . .
: � . � �Fzidiey; Iv1N 5. 432 �� . . .
� � .. � Re: Zoning eq.uirements of Public Hearing Natice dated June 12, 19�8: ��. ��
. Dear Scott; i � .
� � � . :
�s.you are a e, .we ace f�nding ourselves in somewhat of a dil.ernma while .we:are.. _ .
at�emptiag �o i build ouz fire destroyed building. The old neighbozt�ood sintour�tli.n�g our
. . . site has been b'lt up over the years and does nat n�e�E wi:th curr-enc code irequi�emei�#s. It
�.. �voul�.�e a te ble 1�ardship. fQr us to meet the current land zoniuiag xequi�emeats;as �- �.
� indicated in i :1. thru 8 that are set forth in the Appeals ;Commis�ion tdotice of :��. �.
��. � 6f 12/98. �� We �� uld Tike very much to merely r.ebuild the same s.ized structurt �tliat had „-� .
��� �atreadq pre�rio : ly existed: . We are therefore. requesting a variance to these zonuig �..
� . re�c}u'iremeats: � . . . . . . .
.� We'te.s.nxious o get our building rebuilt as quickly as possible. This would allcsw�our
_ te�iant to get th ir business: up a�d:going on a timely basis, .thereby bringing in �additional _.
. . ..tiusiness and �e enue for the �City of Fridley. . .� � . �
. . . . , � Titsnks for yo - assistance in this� matter. . � � � .
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CITY OF FRIDLEY
APPEALS COMMISSION MEETING, JUNE 24, 1998
ROLL CALL:
Chairperson Kuechle called the June 24, 1998, Appeais Commission meeting to order at
7:34 p.m.
ROLL CALL:
Members Present: Larry Kuechle, Ken Vos, Terrie Mau, Blaine Jones
Members Ab$ent: Caroi Beaulieu
Others Present: Scott Hickok, Planning Coordinator
� Jason Reiling, Micro-Matics
Richard Reiling, Micro-Matics
Brian Houwman, Houwman Architects
APPROVAL OF JUNE 10 1998 APPEALS COMMISSION MINUTES:
TI by Ms. Mau, seconded by Dr. Vos, to approve the June 10, 1998, Appeals
Commission minutes as written. - .
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KUECHLE DECLARED
THE MOTION CARRIED UNANIMOUSLY.
1. PUBLIC HEARING• CONSIDERATIO OF VARIANCE REQUEST. VAR #9&19.
BY JASON REILING �MICRO-MATICS�:
Per Section 205.18.03.A of the Fridley Zoning Code, to reduce the lot area from
1.5 acres to .37 acres; ,
Per Section 205.18.03.B of the Fridley Zoning Code, to reduce the !ot width from
150 feet to 120 feet; . _ .. -
Per Section 205.18.03.D.(2).(a) of the Fridley Zoning Code, to reduce the side
yard setback from 30 feet to 26 feet;
Per Section 205.18.03.D.(5).(b) of the Fridley Zoning Code, to reduce the parking
setback from the side lot line from 5 feet to 0 feet;
Per Section 205.18.05.D.(4).(b) of the Fridley Zoning Code, to reduce the drive
-aisle width for two-way traffic from 25 feet to 15 feet;
Per Section 205.18.05.D.(5).(c) of the Fridley Zoning Code, to reduce the parking
setback from the rear lot.line from 5 feet to 0 feet; .
Per Section 205.18.05.D.(5).(c) of the Fridley Zoning Code, to reduce the parking
setback from an alley from 15 feet to 0 feet;
15.12 '
_
APPEALS COMMISSION MEETiNG, JUNE 24, 1998 PAGE 2
Per Section 205.18.05.D.(5).(d} of the Fridley Zoning Code, to reduce the parking
setbacic from the main building from 5 feet to 4.5 feet;
To allow the reconstruction of a fire-damaged building on Lots 20-22, Biock 3,
Onaway Addition, generaily located at 7871 Hickory Street N.E.
MOTION by Mr. Jones, seconded by Ms. Mau, to waive the reading of the public hearing
notice and to open the public hearing.
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KUECHLE DECLARED
THE MOTION CARRIED AND THE PUBLIC HEARING OPEN AT 7:36 P.M.
Mr. Hickok stated the petitioner is requesting eight variances to allow the reconstruction of
an industrial buiiding at 7871 Hickory Street N.E. On February 15, 1998, fire destroyed
the industrial building that housed Micro-Matics. The building was owned by the Reileys
for over 20 years. A new building would require the following variances:
1. To reduce the lot area from the required 1.5 acres to .37 acres;
2. To reduce the width from 150 feet to 120 feet;
3. To reduce the side yard setback from 30 feet to 26 feet;
4. To reduce the parking setback from the side lot line from 5 feet to 0 feet;
5. To reduce the parking setback from the rear lot line from 5 feet to 0 feet;
6. To reduce the parking setback area from the main building from 5 feet to 4.5 feet;
7. To reduce the parking setback from the alley from 15 feet to 0 feet; and
8. To reduce the drive aisle width for finro-way traffic from 25 feet to 15 feet.
Mr. Hickok stated the property is zoned M-2� Heavy Industrial� as are the surrounding
parcels. The sites surrounding the property have been developed as industrial sites and
have industrial uses.
Mr. Hickok stated that when the building was constructed in 1978, numerous variances
would have been required. The code requirement for lot size were then the same as
today. At that time, Mr. D. W. Harstad owned the property as well as the properties to the
north and south along the east side of Hickory Street. These parcels combined would
equal 1.87 acres. Because there were eventually four owners� the 1.87 a�res became
fragmented and there was no longer an individual entity that met the lot size
requirements. A condominium plat was not created for separate ownership. A
condominium development is a development with separate units owned individually. That
is not the case with this property. The substandard lot size leads to other deficiencies
which now require variances.
Mr. Hickok stated, that since 1983, the City has considered and approved 23 industrial
plats for lot splits. Seven of those did not meet the 1.5 acre requirements. Of those
seven, two were used for the purpose of access to another parcel. The others were
combined with larger adjacent parcels to correct existing encroachments or used as
green space. There is one industrial site that comes close to this in terms of lot size
which was granted a variance recognizing the pre-existing condition of .3 acres. They
were given a variance to allow construction of a small addition to the building that existed
on the site.
15.13
APPEALS COMMISSION MEETING, JUNE 24, 1998 PAGE 3
Mr. Hickok stated granting or not granting the variance obviousiy wiil have huge policy
implications. if the variance is granted, the city has in essence set a new standard for the
M-2, Heavy Industrial, district because these conditions are not unique to this parcei.
Each of the four parcels along the east side of Hickory have the same conditions. These
conditions exist throughout the Onaway division. Only one lot in this addition could nearfy
meet the minimum size. �
Mr. Hickok stated staff recommends denial of the request due to the magnitude of the
request as a package and since there are no unique characteristics applicable to this
parcel. .
Ms. Mau asked if the whole group of buildings was one parcel, the owner started selling
sections and owners built on it or did the owner build on the lots and then sell them.
Mr. Hickok stated the buildings were constructed by Mr. Harstad. The northem most tot
was constructed in 1977; the next lot south (being considered this evening) had a building
constructed in 1978; and the next two lots and buildings to the south were done in 1979.
The petitioner purchased this lot and building as it was constructed as did the other
owners.
Ms. Mau stated that any time that one of these buildings were to go through this type of
catastrophe and in order for the owners to rebuild, they would need the same type of
variances.
Mr. Hickok stated, yes. They would need a varia�ce for the lot area, and that generally
leads to the other setback problems and the parking problems. -
Mr. Kuechle asked what these owners in that circumstance could do on the lot.
Mr. Hickok stated that unfo�tunately, this lot would then be undeveloped until sometime in
the future. The owners could join with other parcels to create a land area to build on or
they could sell to adjacent parcels. There ar� not a lot of options.
Mr. Kuechle stated this is a mess in that area with the fragmentation and this is going to
come again. Is there any thought to policy? �
Mr. Hickok stated nothing has been initiated at this time for this area. This is an area that
has unique characteristics. It houses an incredible number of industries. There are an
incredible number of jobs in this area. It is interesting how it is an area comprised of a
series of smaller lots that could not stand on their own according to minimum standards.
This area could be equated to the residential areas that are made up of 50-foot lots. Last
year, the City Council had to make a difficult decision as to whether or not the
substandard lot size is something that could be rebuilt upon. A fire took a residential
structure beyond 50% of the value; and the decision was to not rebuild on that site. It is
something the city has in this industrial area and in some residential areas as well. There
are currently no plans to revamp this district. A possibility might be something like the
Hyde Par{c district where there is a special district to bring it mto a conforming state.
There is no plan at this time to do such a thing in this industrial district.
15.14'
APPEALS COMMISSION MEETING, JUNE 24, 1998 PAGE 4
Ms. Mau asked that if there was stiil one owner of that area, would those buiidings have
been allowed to have been built so ciose togethei'?
Mr. Hickok stated part of that depends on the building code requirements. When you get
into certain occupancies and/or certain size buildings, then the requirements become
greater to have, for instance, 60 feet of separation. These buildings are too small to have
that 60-foot space requirement imposed upon them. When there is agreement with the
adjacent property owner, there can be a zero lot line.
Mr. Jones asked if there were other areas that have a similar problem.
Mr. Hickok stated this is unique to this area for industrial.
Dr. Vos asked that if the building had been damaged to less than 50%, then what would
be the recourse for the petitione�
Mr. Hickok stated it is then considered a pre-existing nonconforming building and they
could rebuild. In this case, the building is a bumed out shell.
Dr. Vos asked what recourse the petitioner has at this point if the request is denied. This
is a non-buildable lot with M-2 zoning.
Mr. Hickok stated there are few options.
Mr. R. Reiling stated that 20 years ago, he purchased the property and moved his
business into the building. They outgrew it and moved to their present location on
Ranchers Road, but he continued to own the building and has leased it out to other small,
entrepreneurial-type businesses. Unfortunately, on Valentine's Day. the buifding bumed
to the ground. All he wants to do is put back up what was there for 20 years. His
business did not reside in this building at the time of the fiFe. It was a tenant He wants to
rebuild it back to where it was. Twenty years ago, he moved his business to Fridley and
moved his residence here. He owns a number of residential and business properties in
the city. His taxes are all paid. He desires to rebuild the building as it was.
Mr. R. Reiling stated that if an unfortunate act like this had less than 50% destroyed� he
would be able to rebuitd but in this case there was too much damage. The purpose of
rebuilding is to have another business move in� a thriving tax-paying business. If he is not
allowed to do this, as he sees it, his only recourse is to attempt to sell the lot but wh�
would want to buy it. You cannot build on it. Someone might want it for a parking lot so
the only possible buyers are ones either to the north or south. Or, he could attempt to
approach the guy south or north and try to purchase their building, combine the finro and
add on. In this case he would still be faced with the same setback variance problems that
he has now due to the fact that there is an alley. Everyone is in the same position. The
one difference is that their buildings did not bum down.
Dr. Vos stated he assumed his building was similar in strvcture to the ones to the north
and the south.
Mr. R. Reiling stated, yes, it was a cinder block building. Even though it was a zero lot
line and very close to the building, the fire which was pretty intense did not spread to the
15.15
�
APPEALS COMMISSION MEETING, JUNE 24, 1998 PAGE 5
bui(ding to the north. it was a good fire wali. In any event, the building would look very
similar to what was there. He couid house two tenants but he had oniy had one. He has
a For Lease sign up and has some interested parties who want to lease the space. This
is a very saleable business property. This would bring in another business to the city.
Mr. Jones asked if Mr. Reiling, when he bought the property, had obtained a clear tiitle so
it was somehow described as a taxable unit.
Mr. R. Reiling stated, yes.
Mr. Jones asked staff if there are files for all the businesses in the Onaway area as there
are for residences with a legal description, history, eic.
Mr. Hickok stated, yes. .
Mr. J. Reiling stated this building had previously been occupied by Micro-Matics� his
fathers business. They outgrew the building. They have seen two or three tenants inside
the building. The previous tenants have grown to need more capacity. That is the case
for the most recent tenant who had another building underway at the time the fire took
place. For as Iong as he can recall, the building had been up. He would like to see his
father put back up what was there. �
Mr. Houwman stated that when the Onaway district was created, the buildings were built
to the requirements of that time or they would not be there, or variances would have to
have occurred when building. Is there some way of looking at the Onaway district as a
district onto itself with its own requirements? There is not one business there that� if they
took the whole block, would meet the first requirement. Even if they took the site of this
building and the other three, they still do not have 1.5 acres so no one can build back
onto it unless you come back for the first variance. He asked if there was any way to look
at a separate district.
Mr. Kuechle asked the square footage of the proposed building. '
Mr. Hickok stated the proposed building is 6,424 square feet. The lot is 16.280 square
feet and the lot coverage would be 39%. The footpnnt in an M-2 district is not to exceed
40% up to 50% with a special use permit.
MOTION by Dr. Vos, seconded by Ms. Mau, to close the public hearing.
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KUECHLE DECLARED
THE MOTION CARRIED AND THE PUBLIC HEARING CLOSED AT 8:02 P.M.
Dr. Vos stated the petitioner has a dilemma. If you look at the area, tfie lots do not meet
the 1.5 acre requirement. This happened to be the first building to bum down. He would
vote for the variance. He thought it was taking property that was not any fault of the
petitioner. The building bumed, and the petitioner is try�ng to rebuild it. Everybody off
Main Street all the way up to 79th is in trouble if a building bums down, a tomado goes
through, or anything happens. He would encourage the City Council to look at this district
and put an overiay on it and do the best they can. If there is any way to combine lots at
appropriate times, do it but he did not think this is worth combining with the property to the
15.16 ;
APPEALS COMMISSION MEETING, JUNE 24, 1998 PAGE 6
north or the south. It has to go to City Councii anyway because it is an industrial request.
He does not like to take property from someone because it was not their fauit.
Ms. Mau agreed. She thought the City Council needs to look at this area. Each
individual block is not at 1.5 acres. There is no way anyone there can rebuilt under any
circumstance. Denial creates a hardship for this owner. There is just no other possibility.
There are many business in this area that do not meet the M-2 standards. She would be
inclined to vote in favor of the request as much as she understands the stafPs reluctance
to recommend approval. She just does not see another way.
Mr. Jones concurred. He sees the reluctance for the variances. In looking at the map
and by driving through the area, there isn't 1.5 acres for anyone. If all the business
including building and tand are separately owned, this could become a checkerboard of
rubble areas if there is a fire, a tomado, etc. He did not think it was fair. He thought it
was a hardship for this owner or any other owners. He would vote in favor of the variance
and recommend the City Council do something about the area. This could be a perpetual
thing.
Mr. Kuechle concurred. This is a real dilemma for the property owner. If he cannot
rebuild there, he is stuck with close to a worthless lot unless one of the adjacent property
owners was interested in picking it up. If he were the adjacent property owner� he would
know that he is probably the only buyer and the price would be pretty good. He would
like to send a recommendation to the City Council to review this area as to what they are
going to do. No lot complies with the lot size requirement. This is the first one to run into
this. He did not know how that can be resolved. Those businesses seem to be thriving.
Urban renewal in that area is probably not a good option. A tomado may provide the
advantage of starting over. A fire would affect only one or a few properties. He would
recommend approval of the variance simply because they really do not have any other
choice.
Dr. Vos stated that if he remembered correctly, 39% is the footprint of the building. That
is one of the reasons he is comfortable with the request is because they met that
requirement. They are not trying to put a large building on the lot. They are keeping it
under that part of the requiremen� That is another factor for the City Council to consider
in this area. Other than the one building mentioned on Beech Street, the buildings seem
fairfy close.
Mr. Kuechle stated the area definitely has a crowded look in that area. With the building
there, he did not know what can be done at this point. In the mid-70's, mistakes were
made in allowing this to happen.
Dr. Vos stated that if you look on 73rd Avenue or some of the other areas, it is just a
different way of building an industrial park. It seems to be the oldest industrial area in the
city. �
Mr. Jones stated this could have been one of those buildings where it can be one building
where someone owns the whole building and leases out space but this has separate
properties. tt is a dilemma but the whole area is a gem because it does provide someone
a small place to start a business. They need to have spots like that. This is a big
dilemma for the whole area.
15.17
APPEALS COMMISSION MEETING, JUNE 24, 1998 PAGE 7
Ms. Mau stated there are also lots that are smalier than this particular lot that will have the
same problem in the future.
M TI N by Dr. Vos, seconded by Ms. Mau, to recommend approval of Variance
Request, VAR #98-19, by Jason Reiling (Micro-Matics), to reduce the lot area from 1.5
acres to .37 acres; to reduce the lot width from 150 feet to 120 feet; to reduce the side
yard setbacfc from 30 feet to 26 feet; to reduce the parking setback from the side lot line
from 5 feet to 0 feet; to reduce the drive aisle width for two-way traffic from 25 feet to 15
feet; to reduce the parking setbacic from the rear lot line from 5 feet to 0 feet; to reduce
the parking setback from an alley from 15 feet to 0 feet; to reduce the parking setback
from the main building from 5 feet to 4.5 feet; to allow the reconstruction of a fire-
damaged building on Lots 20-22, Block 3, Onaway Addition, generally located at 7871
Hickory Street.
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KUECHLE DECLARED
THE MOTION CARRfED UNANIMOUSLY.
Mr. Hickok stated the City Council would review this request on July 13.
M TI N by Mr. Jones, seconded by Dr. Vos, to recommend that the City Council direct
staff to look at an overlay plan for the Onaway Addition in the City of Fridley to have a
separate overlay for that area.
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KUECHLE DECLARED
THE MOTION CARRIED UNANIMOUSLY.
2. �PDATE ON P� ANNING COMMISSION AND CITY COUNCIL ACTIONS:
Mr. Hickok provided an update on Planning Commission and City Council actions.
.� � -
TI by Mr. Jones, seconded by Ms. Mau� to adjoum the meeting.
UPON A VOICE VO.TE, ALL VOTING AYE, CHAIRPERSON KUECHLE DECLARED
THE MOTION CARRIED AND THE JUNE 24,1998, APPEALS COMMISSION
MEETING ADJOURNED AT 8:15 P.M.
Respectfully submitted,
. �
Lavonn Cooper �
Recording Secretary
15.18
SUP #98-09, 40 77�' Avenue NE
Page1
���
DESCRIPTION OF REQUEST:
CeIINet Data Services (MSP), inc., has requested a special use permit to allow the
installation of a Wireless Telecommunications Facility on an existing tower. The tower
is owned by NSP and is located on the Johnson Printing and Packaging Corporation
property, at 40 77�' Avenue NE. A small 4' x4' fenced compound will also be required
as part of this proposal.
SUMMARY OF ISSUES
The zoning on this site is M-2, Heavy Industrial. As such, wireless telecommunications
facilities are permitted through the special use permit process. In November of 1997,
the City of Fridley adopted Ordinance No. 1112, regarding telecommunications towers
and facilities. This application is the first request for a special use permit under the
provisions of this ordinance.
PLANNING COMMISSION RECOMMENDATION:
The Planning Commission recommends approval of Special Use Permit request SP
#98-09 with the following stipulations:
1. The petitioner or successors shall install and maintain the proposed equipment so that it blends into the
surrounding environment.
2.
3.
'4.
5.
6.
7.
$.
A non-corrosive finish shall be used to match the cotor of the existing structure.
The tower shall not be artificially illuminated except as required by the Federal Aviation Administration (FAA).
A City staff approved landscape plan shall be filed with the City prior to issuance of a building permit for this
facility.
The facility shall be designed to discourage unauthorized entry.
A building permit shall be obtained prior to commencement of installation of any facility equipment on this site.
No signs other than waming or equipment infortnation signs are permitted as part of this application.
The petitioner or successors shall initiate a text amendment to the City of Fridley's Ordinance No. 1112, as it
relates to the placement of micro-cell facilities in the community.
RECOMMENDATION
Staff recommends that the City Council concur with the Planning Commission
recommendation.
16.01,
SUP #98-09, 40 77th Avenue NE
Page2
PROJECT DETAILS
Petition For: CeIINet Data Services (MSP), Inc., has requested a special use
permit to allow the installation of a Wireless
Telecommunications Facility on an existing tower. The tower is
owned by NSP and is located on the Johnson Printing and
Packaging Corporation property, at 40 77�' Avenue NE. A small
4' x4' fenced compound will also be required as part of this
proposal.
Location of
Property:
Legal Description
of Property:
Size:
Topography:
Existing
Vegetation:
Existing
Zoning/Platting:
Availability
of Municipal
Utilities: •
Vehicular
Access:
Pedestrian
Access:
Engineering
Issues:
Comprehensive
40 77th Avenue NE.
Attached
Overall site size 6.5 Acres, Existing tower and the future
CeIINet compound to occupy an area 10' X 25'
Generally level
Urban landscape
M-2, Heavy Industrial / Revised Auditor's Subdivision Na 77
Available
77th Avenue NE
NA
The Zoning and Comprehensive Plans are consistent in this
� 16.02 ,
SUP #98-09, 40 77�' Avenue NE
Page3
Planning Issues: location.
Public Hearing
Comments: To be taken
ADJACENT SITES:
WEST: Zoning: R-1, Single Family
R-3, Multi-Family
M-1, Light Industrial
�OUTH: Zoning: M-2, Heavy Industrial
EAST: Zoning: M-2, Heavy Industrial
NORTH: Zoning: M-2, Heavy Industrial
Site Planning
Issues:
Land Use: S.F. Homes
Land Use: Industrial
Land Use: Industrial
Land Use: Industrial
DESCRIPTION OF REQUEST:
CeIINet Data Services (MSP), Inc., has requested a special use permit to allow the
installation of a Wireless Telecommunications Facility on an existing tower. The tower
is owned by NSP and is located on the Johnson Printing and Packaging Corporation
property, at 40 77"' Avenue NE. A small 4' x4' fenced compound will also be required as
part of this proposal.
SITE DESCRIPTION/HISTORY: •
This site was recorded as a portion of Auditor's Subdivision No. 77 in 1941. Later,
Auditor's Subdivision No. 77 was revised. On the property exists a building whose first
addition was constructed in 1984, in 1985 an addition was added bringing the building's
square foot dimension to 107,789 s.f. A later addition brought the building to 130,000
s.f.
ANALYSIS
General
BACKGROUND
In February 1996, the federal government passed a new Telecommunications Act. This
act affects wired and wireless operators of telecommunication services, cable
television, open video systems, multi-channel video distribution, telephone, long
distance, data transmission, cellular phone, personal communication services (PCS),
and direct broadcast satellites.
16.03
SUP #98-09, 40 77th Avenue NE
Page4
As a result of this federai act, you have undoubtedly noticed the advent of 75'-250'
mono-pole towers or elaborate lattice-type structures in metro and rural communities
across the nation. The towers oftentimes are topped by a 3-sided framework and 10 -
12, 10' high receiver array or fins. Telecommunications fins can also be seen atop tall
buildings or water towers. The 1996 Federal Act opened the door to a whole new wave
of technology. Communities were required to recognize and accept the new
technology.
On the control front, the Act assured Personal Communication Service (PCS) providers
that their equipment will have a place in every community. Communities still can and
do control where PCS towers are located. However, according to the Act, cities cannot
take a position of, "not in my city".
A typical tower location may have a 75'-125' mono-pole or other tower structure. Ample
ground area may be required to allow the electronic control devices to exist beside the
base of the tower. A chain link fence surrounding the tower and equipment is typically
required. Much of the technology that exists under the umbrella of this legislation will
only require the tower and. a small control box affixed directly to the pole.
With site users such as CeIINet there is very little encroachment on the land, beyond
the pole itself. In this particular case, the wireless provider is asking to be permitted to
utilize an existing structure so a new tower will not be required. The CeIINet proposed
antennae will be part of a large micro-cell technology network, which is further
described later in this report.
Fridley's Analysis Of The Act and Impact on the Community
On December 16, 1996, the City Council established a moratorium temporarily
prohibiting the construction of new communication and antennae array. The
moratorium established allowed the City to take a comprehensive look at the impacts of
the 1996 Telecommunications Act and estabfish acceptable antennae locations. With
the moratorium in place, staff worked with PCS consultants to get a clear
understanding of the technology, issues, and to determine how many antennae
locations would likely be required to serve the community.
As a result of the analysis an approved site approach was approved. The City of Fridley
now has a series of approved sites for the installation of wireless telecommunications
facilities. To allow an installation of a wireless telecommunications facility in an
industrial location other than a those specified as "approved", a special use permit must
be obtained prior to the installation. The proposed wireless facility is not an approved
site and therefore will require a special use permit.
Micro-Cell Network
16.04
SUP #98-09, 40 77�' Avenue NE
Page5
CeIINet is proposing this location as their "Cell Master" site. From the Cell Master
communication occurs with numerous MicroCell Controller stations that they
strategically place in the City. A map of the proposed Micro Cell Controller locations
proposed for their next phase of installation has been submitted for your review.
As the City analyzed the wireless industry it knew that micro-cell technology was soon
to arrive, however the City was experiencing the industry's immediate push in the area
of large scale towers and facilities. Consequently, the ordinance controls locations of
any wireless device to approved sites and industrial areas. Beyond this tower
installation, CeIINet has indicated that 134 small micro-technology equipment ( 3' x3'
boxes) will be required on power poles and potentially other structures within the
community. The boxes contain equipment which will read a signal from a specified area
of electric meters.
As a result CeIINet has been asked to initiate a text amendment that will allow the City
to provide the next wave in their ordinance development, an amendment that
recognizes and sets the appropriate standards while to accommodating the latest
micro-technology facilities.
Proposed Plan
The proposed plan indicates that a land area of 250 s.f will be required for the existing
NSP tower and proposed equipment. Also within this area is to be a 4' X 4' fence
enclosed compound.
Landscape Plan
A landscape plan has been submitted. The facility will be fenced and the fence will
have two gates. The gates will face north and south, one of which faces the street.
Landscaping will be planted along the east and west sides of the fence. The area that
will be most visible will be the north face, the side that faces the street. The facility
would be more aesthetically pleasing if the landscaping would face 77"' Avenue,
thereby rotating the facility 90 degrees. Minor modifications will be required to assure
that the plan successfully screens the mechanical devices from the right-of way in
accordance with Ordinance 1112.
Access Drive Locations
The access drive location for the printing facility will be adequate so that no additional
hard-surFaced drives will be required to service this facility.
Lighting
Due to the relatively low overall height of the NSP tower and this facility addition, no
additional lighting will be required.
PLANNING COMMISSION RECOMMENDATION:
The Planning Commission recommended approval of Special Use Permit Request SP
#98-17 with the following stipulations:
16.05
SUP #98-09, 40 77�' Avenue NE
Page6
1. The petitioner or successors shall install and maintain the proposed equipment so
that it blends into the surrounding environment.
2. A non-corrosive finish shall be used to match the color of the existing structure.
3. The tower shall not be artificially illuminated except as required by the Federal
Aviation Administration (FAA).
4. A City staff approved landscape plan shall be filed with the City prior to issuance of
a building permit for this facility.
5. The facility shall be designed to discourage unauthorized entry.
6. A building permit shall be obtained prior to commencement of installation of any
facility equipment on this site.
7. No signs other than warning or equipment information signs are permitted as part of
this application.
8. The petitioner or successors shall initiate a text amendment to the City of Fridley's
Ordinance No. 1112, as it relates to the placement of micro-cell facilities in the
community.
RECOMMENDATION
Staff recommends that the City Council concur with the Planning Commission
recommendation
16.06
LEONARD, STREET AND DEINARD
PROFESSIONAL ASSOCIATION
May 15, 1998
BY MESSENGER
City of Fridley
Community Development Department
6431 University Avenue
Fridley, MN 55432
Attention: Paul Tatting
Paula K. Beck
612-335-7081
pkb7081 @leonard.com
Re: Special Use Permit Application regarding 40 77th Avenue NE, Fridley, Minnesota
Dear Mr. Tatting:
Enclosed for review by the City of Fridley aze five copies of a Special Use Permit Application
submitted by Ce11Net Data Services (MSP), Inc. for property located at 40 77th Avenue NE in
Fridley, Minnesota, along with one reduced-size copy of the drawings submitted with the
Application. Included with this Application is a check covering the fee in the amount of $400.
We have made arrangements for five copies of a survey of the property to be submitted today
under separate cover by Sunde Land Surveying.
Please call me at the above number if you require any other materials to consider this
Application.
Very truly yours,
LEONARD, STREET AND DEINARD
,
�
By
Paula K. Beck
PKB/rs
Enclosures
cc: Tom Frerich (w/encl.)
Susan S. Fauver (w/o encl.)
Ij0 $OUTH FIFSH $TREET SUITE 2j00 MINNEAPor-*�-M*'n'°SOTA $$¢OZ TEr. 6iz-335-ISoo Fex 6i2-335-1657
LAW OFFICES IN MINNP ���0�'INT PAUL AND MANRAI'O
CELLNET
D A T A S E R V 1 C E S
21 May 1998
Barbara Dacy
Community Development Director
6431 University Avenue N.E.
Fridley, NIN 55432
Barbara:
Enclosed, please find one additional calculation page for the structural review. Though
this page is in the actual structural review book tha.t we forwarded to you, we omitted this
page from the individua.l sets.
I wish to extend an apology to you for this enor. I am sorry if this causes any additional
confusion. The actual page contains little information, most of the information is
redundant from previous drawings, but wanted you to have complete sets.
Should you have any questions or comments, please feel free to contact myself at 612-
204-1625.
Sincerely,
i
T�homas E. Frerich
Administration Manager
TEF/js
enclosures
4�4 NICOLLET MALL ��.Ov ���.
MINNEAPOUS, MN 55401
TEL 812.330.8970 ��
FAX 612.904.5318 . . .. �
\
�
cirr oF F����r
6431 UNIVERSITY AVENUE
FRIDLEY, MN 55432
(612) 571-3450
COMMUNITY DEVELOPMENT DEPARTMENT
SPECIAL USE PERMIT APPLICATI FOR:
Residential Second Accessory Others
PROPERTY INFORMATION: - site plan required for submittal, see attached
Address: 40__77th Avenue NE, Fricilev, NR1 55432 � �
Property Identification Number. 10--30-24-11-0024
Legal Description: Lot Block TracUAddition Revised Auditor's sutx�i.vi ion r1o. ��
See Exhibit A, attached
Current Zoning: M-2 Square footage/acreage:
Reason for Special Use: znstal�ation of a Wireless Telecatmunications
Facility on an existinq Tower.
Have you operated a business in a city which required a business license?
Yes No x If Yes, which city?
If Yes, what type of business? V/A
Was that license ever denied or revoked? rr/A Yes No
V�r�V �V�V V�V�rwr�r�V/V�V V�V�V�V�r�VrV�rti�Mrlrlr�VtiArtiV�/V4/�r11r^rN�V V�V�V�V�V�VrVti�r�rlr�rN�VMVti1V�Ytiti�V�rti�Y1Y
FEE OWNER INFORMATION (as it appears on the property title)
(Contract purchasers: Fee owners must sign this form prior to processing)
NAME: Fran;c Shear Associates
ADDRESS: 40 77th Avenue 1�, Fridle ,�II1 5543?
DAYTIME PHONE: ( 51.2 � 574 •-1700 SlGNATURE/DATE:
�YrV�V�V�V�V�r1Vtiti�rtilr�V�ViVMtiti�VtiVtiiVti�W Vh��YrV.V V/r1V�V�V�V�VNMWUrAriVArN�V�y�V4MA/�V�r�rNM�1►/
PETITIONER INFORMATION �
NAME: _�e11Net Data Services (MSP) inc
ADDRESS: 414 Nicollet �9a11, Minnea•;aolis, 1�V 55401
DAYTIME PHONE: ( 612 ) 338-2625 SIGNATURE/DATE:
�����������������������������������������������������������������
Section of City Code: orainance No. �112
FEES
Fee: $100.00 Residential Second Accessory $400.00 Y Others
Application Number: Receipt #: Received By:
Scheduled Planning Commission Date:
Scheduled City Council Date: �
1 � Day Application Complete Notification Date:
60 Day Date:
16.09
ADDENDUM TO SPECIAL USE PERMIT APPLICATION
1. Pursuant to Fridley Ordinance No. 1112, Section 1, paragraph 7A(9), Ce11Net Data
Services (MSP), Inc. (the "Applicant") makes the following affirmative statement:
Applicant agrees to comply with the provisions in Section 205.23 of the Code of
Ordinances of the City of Fridley, Minnesota, regarding abandonment.
2. Applicant hereby states that the Tower currently located on the property that is the subject
of this Special Use Permit Application is capable of supporting more than two operating
Wireless Telecommunications Facilities comparable to those currently operating on the
Tower in weight, size and surface area.
3. As indicated in the Structural Analysis Report prepared by Robert Semaan, P.E., S.E. of
Semaan Engineering, Applicant's proposed addition to the Tower's load would only .
minimally increase the stress at the base of the Tower. According to NSP, the owner of
the Tower, the soil condition at the base of the Tower was brought up to grade at the time
of the Tower's construction using gravel and concrete. (�ee. NSP Project E-97WA07,
Monapole Structure #115, Line 0871). NSP states that Applicant's proposed installation
on the Tower will have no detrimental effect on the ability of the soil to support the
Tower.
1671435A1 16. 10
I�:i:ii:��ll_1
LEGAL DESCRIPTION
That Part of Lot 5, Revised Auditor's Subdivision No. 77, Anoka County,
Minnesota described as follows:
Commencing at the intersection of the center line of Osborne Road, as now laid
out, with the Easterly right-of-way line of Northern Pacific Railroad; thence
northeasterly along said center line of Osborne Road, 436.50 feet, said center line
has an assumed bearing of N. 51 ° 03' 20" E; thence N. 15° 40' 00" W, a distance
of 436.5 feet to the point of beginning; thence S. 51 ° 03' 20" W, pazallel with the
center line of said Osborne Road, 436.5 feet to the Easterly right-of-way line of
said Northern Pacific Railroad; thence northerly, along said Easterly right-of-way
to its intersection of the north line of said Lot 5; thence N. 89° 57' 31" E, along
said north line, 425.48 feet to its intersection with a line bearing N. 18° OS' S6" W
from the point of beginning; thence S. 18° OS' S6" E, a distance of 596.44 feet to
the point of beginning. Except the north 33.00 feet taken for 77th Avenue.
Subject to easements recorded or unrecorded.
�6��3�.0� 16.11 i
2� !/ O/�/ Ii �/L �i Ci METER
READING AND YOUR COMMUNITY. . .
NSP's automated meters are equipped with a radio
transmitter that allows us to read them remotely.
Following are the major steps that will be taken in
each community:
♦ Communities are sent a letter introducing
the project
♦ Communities are contacted by an NSP representa-
tive regarding the network installation and meter
automation in their community
♦ After CellNet and NSP receive approval, MicroCell
Controllers are installed
♦ Customers have an automated meter installed
♦ NSP meter readers continue to read meters
manually for up to three months to ensure the
network is working appropriately
♦ NSP bills off the
automated meter reading
♦ Customers receive a monthly NSP
_
bill that looks the same as
: it does now
w■
�
MicroCell Controller
MicroCell Contrvller (Close-up)
16.12
16.13
AEC ENGINEERING
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