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