PL 12/03/1969 - 31032�
PI.ANNIN� COMMISSTON MEETING DECEMBER 3, 1969 PAGE 1
The meeting was called to order by Chairman Erickson at 7:33 P.M.
ROLL CALL:
Plaaning Co�ission:
Members Present: Myhra, Mittelstadt, Erickaon, Jensen, Fitzpatrick
. Members Absent: None
Board of Appeals:
Members Present: Mittelstadt, Ahonen, Harris, 0'Bannon, Minish
Members Absent: None
Others Present: Darrel Clark, Engiaeering A�sistsat
� APPROVE PLANNING CONIMISSION MINUTES: NOVEMBER 19, 1969
Chairman Erickson called attention to a typographical error on Page 4,
lst line of 2nd paragraph, the word to be corrected to "retarders".
MOTION bq Fitzpatrick, seconded by Mittelstadt, that the Planning Com-
mission mimmutes of November 19, 1969 be approved as corrected. Upon a voice
vote, all votiag aye, the motion carried unanimouslq.
RECEIVE BIIILDING STANDARDS-DESIGN CONTROL SUBCOrIIKITTEE MINUTES: NOVEMBER 20, 1969
MOTION by Myhra, seconded by Mittel�tadt, tha� �he P�anraisg Commission
receive the minutes of the Building Standards-Desiga Control Subcommittee meeting
of November 20, 1969. Upon a voice vote, all voting aye, the motion carri�ed
unanimously. �
RECEIVE PARRS & RECREATION COP�lISSION MINUTES: NOVEMBER 24, 1969
MOTION by Jensen, seconded by Fitzpatrick, that the Planning Commission
receive the minutes of the Parks & RecreaY�ion Commission meeting of November 24,
1969. Upon a voice vote, all voting aye, the motion carried uaanimouely.
RECEIVE �ARD OF APPEALS MINUTES: NOVEI�ER 26, 1969
Harris called attention to Page 5, Item 2, stating that the date should
�1 be changed from 1917 to 1911.
MOTION by Mittelstadt, seconded by Mqhra, that the Board of Appeals
Minutes of November 26, 1969 be received as correctec}. Upon a voice vote, all
voting aye, the motiaa carr��ed unanimously. .
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Plannin� Commission Meetin$ - December 3, 1969 Pa�e 2
1. REQUEST FOR A SPECIAL USE PERMIT (SP ��69°O1) BY NORTHERN PACIFIC
RAILWAY CO1wPANY to expand and modernize a classificatioax y�rd begw�en
40th and 43rd Avenues West of Main Street referred to �s Tract "A01
and Txact "B11 (see Public Hearing Notice for full description�.
2. CONTINUED PUBLIC HEARING: REZONING REQUEST, ZOA ��69-11, NORTHERN PAGIFIC
RAILWAY CO.: Property between 40th and 41st Avenues in the vicinity
of Grand and California Streets to be rezoned fxom R-1 to M-2 (heavy
industrial) for xailroad cl�ssification yard.
Russell Thompson, Superintendent of Northern Pacific Railway Comp�y
stated that their proposal had been presented to most of the people present.
Referring to the recom4nendations of the Bo�rd of Appeals in their minutes of
November 26, 1969, the Northern Pacific Railway Company has no ob�ections to
the conditions they requested. However, they did feel there was one item of
. a debatable nature and this had to do with the property and the fact that
mortgages would not be given if the railroad company planned to move the yard
closer to the houses. The statement at that time was "no". An investigation
n was made and it was found that right now there are no conventional lo� being
issued to any great degree probably because of the i�nterest charges and the
availability of moneq. There are very few FHA or GI loans being issued. In
all cases, the reason is the tight money situation, and if money was available,
there would be no trouble getting a mortgage.
Mr. Thompson, indicated on the map that Minnesota Silca S�xnd w�s oper��i�a�
within 300 feet of a residential area, and the close�t point for Northera P�cific
would be 330 feet.
The Engineering Assistant reported that he talked to George Brown, City
Engineer of Columbia Heights,who said the Northern Pacific request was sent
back to the Planning Coffiission which has not discussed the item as yet.
Mr. Thompson said they had chan�ed their r�quest somewhat to meet their objections.
He added that they are negotiating with Minnesota Silca Sand to purchase their
property.
Mr. Harris of the Board of Appeals said that he talked with some mortgage
companies and received the same information that Mr. Thompson did, namely due
to the tight money market, there were hardly any conventional loans being issued
on houses and there were only a select few FfiA and GI Toans that were being �iven.
It was called to the atteation og the people that the area West of l�in
Street is now zoned heavy industri�l. Industries which would be unde�irab�e
to have next to residential could be built on top of the bluff which could be
far more objectionabie than �he railroad.
�' I�r. Denis Bertrand, 4U41 Main 5treet reported that he had consulced three
mortgage companies who gave him favorable an�wers regarding obtaining mortg�ges
on homes adjacent to a r�ilroad qard. He said, "In aiew of this, I wauld like
to retrect mq request that the rezoning be denied". The Planning Commission.told
Mr. Bertrand theq appreiea�ed his honesty Q^d t�anked him for sticking with them
through all this.
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P1-annin� Commission Meetin� - December 3, 1969 Fa�e 3
Chairman Erickson checked the mortgage situation explaining what was
being planned in this case and was told it probably would not have an adverse
effect on a loan.
Mr. Robert Pritchard, 852 - 66th Avenue North, said that he builds hoffies
some worth $50,000 on land adjacent to railroad tracks and it does not present
anq problems, not even in the ca.se of a pole yard; but there are problems if
there is a smelly plant in the area.
Donald Onstad, 4110 Main Street, N.E., asked where Minnesota Silica
Sand would re-locate. Mr. Thompson replied that they are now getting sand from
the area close to the residential district, but if the whole parcel was not
purchased, they could move closer to Main Street with their plant.
The railroad company would put a chain link fence, six feet high,
adjacent to the berm prior to the time of blasting for an additional barrier
and it would tend to hide the yard. It was suggested that the beran be high
enough to hide sighting the yard only and not the view beyond. Mr. Thompson
felt they could coordinate their work with what the people in the area actually
want in order to have a view that is pleasing and yet hide the yard. A resident
said he would want the berm for cushioning of the sound, as far as looks are
concerned he did not have any special preference.
n Mias Mable Gadbois, 4000 Main Street, asked about the rezoning request.
Chairman Eri.ckson explained it was for a small triangle West of her property.
Mr. Thompson said a topsoil would be uaed for the berm and would be
planted with white clover. The slope would be 1:1, but Mr. Jensen said be
did not feel it would be practical for an overburdened area. l�o a3goffipson
said they might have to go to 1-1/2:1, and the commentt was that this would
be ateeper than the highway freeway. Mr. Thompson also added that they have
no later information on retarders. This is a high pitch sound and theq were
tryiag to do something with it. As he pointed out before, it does not happen
with everq car and the sound could prob�bly be heard at a considerable distance.
He�said that the City of Minneapolis designs their highways from the metropolitan
areas and tl�us therefore holds the elevation noise down. The houses right on
top of High�lay 694 do not hear the roar of the heavy traffic, but when you get
out on the end of the highway and it opens, it is more like a megaphone. Mr.
Mittelstadt stated that in the City Code, the requirement ia 35 decibals, which
ia slightly more than a whisper, and certainlq the railroad companq could not
hold to this requirement. He felt thi� table of noise level should be changed.
Mr. Thompson explained that the retarder is a metal sotimd asd thit ia
why theq were boxing in the retarder area. 'i'hey are not uaed ali the time. He
brought a drawing of the retarders to the Planainc Commission ahowing that
they are constructed right on the tracko There will be 46 tracks side by side,
or six groups and one master, and will fan out going East and �Test.
Chairman Erickson read the conditiona requested by the Board of Appeals
„� in their minutes of November 26, 1969, on pages 5�nd 6 including the last two
' paragraphs. The Citq Council of Columbia Heights has not acted on the request
yet, the Columbia Heights Planning Co�nission recommended des�ial. There has
been a change in the request, s� the railroad has withdrawn one half of the
requeat to rezone in Columbia Heighta. 'They asked for 3 blocics ataating from
. � 40th to a7th and on� �}��.� 1��ea�k W�st of Main Street to California aad the West
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Plannin� Commission Meetin� ° December 3, 19b9 Pa�e 4
side of California, and have withdrawn the Easterly portions. That would
fairly well tie in with their request here.
Eugene Lashinski, 4030 Main Street: He said he was at the meeting in
Columbia Heights and as far as he could tell, the Commission was against the
whole request. The only way the railroad company could get through would be
by court action. The fact is that Columbia Heights is short of land and are
trqing to utilize the land the best way it can. The mattex� of bl�stiaag is
to be checked with the Mayoro They had a lot of trouble in St. 1°aul
when they were going through with the freeway concerning p�operty damagem �e
stated he was a resideat of Columbia Heights and a property owner here in
Fridley. He asked where this would leave Dunkley after this is finishedo 1Kr.
Thompson said he would be out of there, as his operation is right in the
middle. Ant�wering the question regarding the development of the land North
of Highway ��6949 Mre Thompson stated that eventbaally tlxey may need to expand,
but the present facility shouid be good for some time.
Robert Minish, Board of Appeals: He e�eplained that he was not at the
meeting of November 26, 1969, but attended the other two hearings. His obser-
vations were as follows:
1) As far as t�e was informed, there w�s ano evidence of red�nc�d �c�annde
Yn fact, ttaere is a pene�sat�n� sc�eech �d �� reco�d�n� �c��Al�
demonatrati ng less noise<
�.,1 2) The railroad, in texms of haxdship, laas not sho� itc coixld �t
build in other areas. They could possibi�g► c��t�°uct �mmo�he�
yard furthex beqond Fridl�y. �'hey couid acqufre the homes or
whatever is necessary for setback. The reason for the extension of
the qard was not shown as being necessary for operation of the
Northern Pacific Railway Company in the St�te of Minnesota.
- Robert Ahonen, Board of Appeals: There has been a somewhat sad piece of
planning taking place. The City Council amended the zoning ordinance for the
City of Fridley durin� the per�od of tiffie this _ t�aab��c��t�aa h�� lae�aa t�lcimmg plaee.
Unless I am in error, the amended zonin� ordinance doe� no� e�y this item ox
those presentlq in process should continue under the old ordinance. I tt►inlc that
in the new ordinance the expressed hardship should be �'��d���'e� in �he application.
I think we cannot retain with the Board of Appeal� the pri�ttiled�e of granting
special uae permits: The n�w zoning ordinance went into effect 1Jov�mber 12th.
I ti�ink it would be good, although ineonvenient, to refer this hesring back to
the Board of Appeals and have it done in its proper ordere I also haere eome
commente_on the maral implications of this request. Mr. 0'Bannan had a�ked an
indication of acres that this yard wauld be talking about in the uee of a rail
switch yard,and was informed this would take approximately 20 acres. Tassble
income from 20 acres would be lar�er than from �he switching yard. What is being
asked here is for the City of Fridley to subsidize the state and taxeB will
be.given entirely to the State of Minnesota. The Cfty of Fridley ie losing a
taxable income and ia in exchange �etting a switching yaxd. The oa�lq thing a
switchiag yard briags to any place is a lo� of noise. It would bring busit�ess
if it �rere in Isanti or North of Blaine aad allow room for expaneion in the
� City of Fridleq and the present switching yard has very little bearin�g wk►ether
it ie located here or elsewhere. The charter given to the Board of Appeals
' states that they are appointed to act on behalf of the City of Fridley, not the
State of Minnesota. '
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Planning Coffinission Meetin� - December 3, 1969 Pa�� 5
-The Engineering Assistant explained that the intent of having both the
Board of Appeals and the Planning Commission he�r the Northern Pacific Railway
requests was to meet both ordinances. Mr. Ahonen a�swered that the requests
were taken ou� af order. It should have started out where the Board of Appe�ls
acted on the variance and then the Planning Comnni.ssion takes the Special Use
Permit. ,
_ Mr. Myhra, referring to the railroad moving outy said that the � a� ad
has been here a long time and it seemed to him �they could not go quite that far.
Mr. Minish felt that went beyond what they were doing here. We can Lrake
things as they are, but the Board of Appeals is charged with reviewing a hard�hip
request. They have not shown a hardship on this particular piece of propertty.
Talking in terms of hardship in response they would have to go way far outo In
1911, I presume it was not very.well built up here and this was far out at that
time,
Miss Mable Gadbois was asked about the area around 1911 and gave an
interesting resumee There were two railroad tracks, and as the tracks went up
to Silica Sand the tracks widened out. They had a beautiful coaster hill
there. That low piece of ground from the railroad tracka to Main Street was
covered with several species of Oak trees and it was a good pasture. There were
four dairies North of the property to 43rd. They tested for a well and it is
96 feet deep. to the top of the water where she now Lives. There are several
layers of rock which you have to drill through. The rock runs diagonally from
Silica Sand up to the place where she lives and on into Columbia Heights.
There was, at one time, more noise from the railroad yard than there ie aow -
she still remembers that bvanping of caxs.
Mr. Harris added that at this time there was a fair amount of people
living along the railroad tracks.
Mr. 0'Bannon, from his own personal experience, stated how much it would
improve the transferring of inerchandise from one yard to another and the number
of �ays involved. He thought it would be a great asset to the City because
industries will build up along side o£ it.
In defending the atatement of hardship, Mr. Thompson said that operating
coats have been consisteatlq higher, and if the railroad company would have to
take the cars to another yard, as at the present time they are adjacent
to other railroads,it would be a delay in the delivery of the cars. The fact
that theq could not deliver business to the interchanges without considerable
�����delay would reallq cause a hardship.
Mr. Minish ssid he could see there is a delay in terms of freight, but
they were talking about people who livp {*� this area and the inconveni.ence
to them. I would tend to wei�h their interests.
A member of the sudience asked if anq members on the Boards owned property
�-,� in Fridleq that would be affected by action of the xailroad company. There was
no oae.
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Planning Gommission M�etin� - December 3, 1969 I'��e 6
The construction schedule as given bq Mrco Thompson, was that they
would try to begin construc�ion in the spring;excavation completed by fall;
con�truct tracks the°following year, and hope to be in partial operation
by the fall of 1971.
_°- R.H. Brokopp, Ge�eral Land Agent for the Great Northern �tailway Company
� observed that t�te hardehip lies in the fact that there is no room for
expansion even.though they are talking about a small parcel of land. �ey �u�t
finished a really difficult pro�ect in planning their Great Northem Industrial
_Park at Aighway ��694 ancl East River Road. There are 106 acres developed for
industrial purposes. Minnesota Plywood is beginning to operate, they still have
another 80 acres to go. Beginning with Fridley, it would be possible to get
something goin� and create an industrial center. Minnesota Transfer has
developed an area where Onan's, Dayton's, and Carter-Day are built now. The
yards can only grow as fast as we expand the industriale You would realize this
more if you.were in the railroad business. We would like to try to work out
the yards so that we can handle the industries that are a part of Fridley.
A member of the sudience, who did not give his name, said that he would
compromise. His property does not have much weight on this matter, but if they
buq Silica Sand and get rid of Dunkley, he would go along with it.
� Mr. Mittelstadt said he wanted to comment on the Board of Appeals. He�
addreased the audience saying that they could certainly see that the Board
n is an excellent group of people. I wanted them here tonight for their co�ents,
and specifically Mr. Minish as he wasn't at the last meeting. I want to thank
• them verq much fox coming here tonight, every one of them.
MOTION by Jensen, seconded by Fitzpatrick, that the Planning Commission
close the Public Hearing on the rezoning request ZOA 4�69-11, Northern Pacific
Railway Company of the property between 40th and 41st Aeenues in the vicinitq
of Grand and California Streets to be rezoned from R-1 to M-2 (heavy industrial)
for a railroad classification yard; and the reques� for a Special Use Permit
(SP 4�69-01) by Northern Pacific Railway Company to expand and modernize a
classificatioa yard between 40th and 43rd Avenues West of Main Street referred
to as Tract "A" aad Tract "B" (see Putilic Hearin� Notice for full description)
and to waive the readang of the Public Aearing 13�tice of (SP ��69-01).
Mr. Myhxa brought up the fact that Silica Sand has written a letter
stating tk►ey go along with the matter of the reaoning and ar.e wondering if the
Planning Commisaion would get themselves in some kind of a legal question. One
partq cannot reaone another party's land unless they hold the title. The
Engineering Assistant said that this is probably something that the Council
should handle. There will be at least three Council meetings, �nd the Ordinaiace
would take the first readin�, second reading and public hearing. A delay on
the final action could be made until the negotiations were completed bp thc�
railxoad.
� MOTION by Jensen, seconded by Myhra, that the Plannin� Commission
� Lable to the December 11, 1969 meetin� the rezoning requeat, �OA �69-11, and
� the Special Uae Permit (SP 4�69-01) by the Northern Pacific Railroad Company
� to the December 17, 1969 meeting. Upona voice vote, all voting aye, the motioa
carried unanimouslq.
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Pla�,ning Co�mission:.Meeting - IIecember 3, 1969 P��e 7
2. �UBLIC HEAR.ING: REZONING REQUEST: ZOA ��69-12, ROBERT V. PRITCHARD:
South 2/3 of Lot 4, Auditor's Subdivision 4�`108
Mr. Robert Pritchard was present and explained that the piece he w�s
asking to be rezoned was adjacent to a piec� of multiple land now>
Directly across from his property is the Onan �lant and he a�de�atood
that when the first piece was rezoned, there was quite a bit of ob�ection to
multiples.
Mr. Pritchard was shown the atreet plan for the area which concerned the
possibility of landlocked lots. Mr. Pritch�rd was unaware of these plans
when the application was filled out and stated he would have to make some
adjustments in his plans. It was unfortunate that his architect was ill at
this time. .
Mr. Marxen, owner of the lot to the East of Lot 4, discussed with
Mr. Pritchard his plans.
Mr. Jensen sa3d that the Planniag Commsission is committed to the street
plan. The Planning Commission felt this atreet could be eli�n�t�d across
lots 30 and 31. The design really would h�ve an �deerse eifect on the
neighbors by eliminating the section acxoss thi� lo�fl Lot �Se In thi� cs�e,
Mr. Marsen has provided and others to the East have pxovided � s�ree�
so the City must provide them an outlet for that atreet. This whole plan is
effected bq your lot and much thought must be given to the completion of this
area.
MOTION by Myhra, se�otgded by lvi-Littelstadt' tt►�t tkne Plas�aain� Commi�aion
table the reaoning request, ZOA �69-12, Robert V. Pritch�rd of the South 2/3
of Lot 4, Auditor's Subdivision 4�108, to the December 17, 1969 meetin�. Upon
a voice vote, all voting aqe, the motion carried unanimously.
3. PUBLIC HEARING: SPECIAL iJ
DOUBLE BUNGALOW IN R-1 DISTRICT; Lot
,�o�-uz) : Haxi.n�u �. �s�xxa r�x
, Block l, Ostman's 3rd Addition
No oae was preaent representing the petitioner.
Chairman Erickson recalled that the original request was for Lot 1 and 2.
Mr. Mittelstadt read from the Board of Appeals minutes of November
26, 1969, on page 7.
1�TION by Jensen, secoaded by Myhra, that the Planning Commission table
until the December 17, 1969 meeting the Public Hea�fng for SP �69-02, Harland
P. Berry for a double bungalow in R-1 District on Lot 1, Block 1, Ostman's
3rd Addition. Upon a voir�e vote, all voting aye, the motion carried uaanimously.
4. MULTIPLE DWELLING STUDY IN CITY OF FRIDLEY:
The Commission felt that "random" was not the proper terffi to use on Page
2, bottom half, Sectfon 3, the Memo, page 13.
Mr. Mqhra asked i� �he �cport was of a con�identiai nature and was
.
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Pla�rixsin.g Commission Meeting - December 3, 1969 ���� �
concerned about the part of the report that has yet to be comp].eted and is it
the intention to get the figures?
Mr. Jensen suggested the tablea be removed ��oa� th� r�poPt before th�
report is given to the public. The report is valuable without the tablesm
No action.
ADJOURMENT:
There being no furthex business, Ch�irman Ericfl�on �dj��a�e�1 ��n�
Planning Commi.ssion meeting of December 3, 1969 at 10:45 PaIKo
Respectfully submitted,
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> ' �.� �" , , I . < <'7 ,cJ '� �l `�
HAZEL BRIAN
Recording Secretary
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