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PL 12/17/1969 - 30167�, PLANNING COMMISSION MEETING DECEMBER 17, 1969 Pa e 1 The meeting was called to order at 7:30 P.M, by Chairman Erickson. � ROLL CALL: MEMBERS PRESENT: MEMBERS ABSENT : OTHERS PRESENT : Myhra, Jensen Darrel Mittelstadt, Fitzpatrick, Erickson Clark, Engineering Assistant APPROVE PLANNING COMMISSION MINUTES; DECEMBER 3, 19b9 Mr. Myhra called the statement on Page S, paragraph 2 of the December 3, 1969 minutes to the attention of the Board. He said he didn�t know if we could go quite so far as to attempt to dictate to the petitioner how he should use his land. MOTION by Mittelstadt, seconded by Myhra, that the Planning Commission minutes of December 3, 1969 be approved as amended. Upon a`voice vote, all voting aye, the motion carried unan�mously. RECEIVE BUILDING STANDARDS-DESIGN CONTROL MINUTES: DECEMBER 4 19b9 �� � MOTION by Myhra, seconded by Mittelstadt, that the Planning Commission receive the minutes of the Building Standards-Design Control meeting of December 4, 1969. Upon a voice vote, all voting aye, the motion carried unanimously. RECEIVE BOARD OF APPEALS MINUTES: DECEMBER 10, 1969 MOTION by Mittelstadt, seconded by Fitzpatrick, that the Planning Commission receive the minutes of the Board of Appeals meeting of December 10, 1969. Upon a voice vote, all voting aye, the motion carried unanimously. 1• RE UEST FOR REZONING ZOA #69-11, NORTHERN PACIFIC RAILWAY CO.: Property etween 40t and 41st Avenues in t e vicinity o ran and California Streets to be rezoned from industrial) for railroad classification ya�al to M-2 (heavy 2. RE UEST FOR A SPECIAL USE PERMIT SP #6g-01 , NORTHERN PAC �•� o expan an mo ernize a classi ication yarIFIC et�een t and 43rd Avenues West of Main Street referred tp as Tract ��A�' and Tract F�B�' (see Public Hearing Notice for fu11 description). �� , Planning Commission Meeting D�cember 17, 1969 Page 2 � Mr. Mittelstadt stated that Mr. Dennis Bertrand has attended a11 the m�etings regarding this proposal and wa� informally assigned at the Board of Appeals meeting, to get different opinions from mortgage companies. He presented his results at the last Planning Commission meeting and at that time also withdrew any opposition he had to the railroad. Tonight he stat�d to me that he wants to emphasize that he still has no objection to the railroad obtaining the right-of�way for building their hump-yard. The railroad construction will be permanent and use the land they are considering and make it final. He feels that he can live with the railroad. It is an improvement in the situation they now have there and �nything put in there would be a firm type of development. Mr. Mittelstadt commended Mr. Be�trand on being a fine citizen of Fridley. � �"'� Mr. Fitzpatrick noted that Mr. Bertrand was the only one who was at this meeting tonight and did not know how to take this in consideration of the request by the railroad. He knew some of the people did not share Mr. Bertrand�s views last time and he was not sure as to how to interpret the fact that Mr. Bertrand was the only citizen present at this meeting. Mr. Bertrand stated that he had had an opportunity to speak to some of his neighbors since the last meeting. They show no antagonism towards any of the statements he had made for supporting the railroad request. There is some interest shown concerning this matter and some share the opinion that the railroad will fix the land use. It certainly would stop any future changes in there that could be more detrimental to the property in the area. Mr. Bertrand stated that the only things he was concerned about were: a. � c. what would happen to the property and environment in the area during construction what would happen after construction regarding the noise control, etc.. what the future of his property would be as far as the banks and real estate companies were concerned. After studying these three questions he was satisfied that the railroad yard would be acceptable. Mr. Fitzpatrick stated that Mr. Henry Zimmer at 40th and California Streets continued to be opposed to the rezoning request. Mr. Mittelstadt stated that Mr. Zimmer had inferred that he would like to have the Railroad Company buv his property. Mr. Ahonen, Board of Appeals member, was present and stated that the Planning Commission and the Board of Appeals was acting in too much haste with their decision. There will be no better opportunity to�negotiate for other items such as additional crossings than now with this request. This yard will be a focus point for future switching yards. He felt that an overall study of this proposed request would be appropriate at this time. Planning Commission Meeting December 17, 1969 Page 3 � Mr. Mittelstadt agrees with Mr. Ahonen that the City Council should study this and wonders if we unemotionally act on the request for a Special Use Permit and Rezoning request and that as a Planning Commission we really can't bargin with the petitioner in terms of doing other things for us within the City. n Mr. Myhra stated that the intersections on Mississippi will be unbearable and a grade separation will be required to handle the traffic. Darrel Clark stated that the City Attorney would have to answer questions regarding bargaining as the Planning Commission has no jurisdiction - but only the power to recommend. The authority to bargain is not here. Mr. Fitzpatrick agrees that the fa�t that people are involved here that he is very reluctent to recom�r�end something in regard to Mr, Zimmer's property. Mr.Myhra brought out the fact that people are afraid of what will happen regarding noise, etc., but that we are in no position to do better negotiating than at this time. In the matter of cross- overs, this should be called to the attention of t�e Councilo The railroad should try to acquire greater right-of-way. City Council would look over all of these things but it is our obligation to spell these out to the City Council. It seems that i.f there is going.to be a motion to move in that direction, some of these things should be in the motion for City Council to consider. MOTION by Mittelstadt to recommend approval of this proposal wi,th t�e following conditions made by himself and also the views of the other members of the Planning Commission. Planning Commission recommend approval of the Rezoning Request ZOA #69-11 from R-1 to M-2 and a Special Use Permit (SP #69-01) which permits expansion of the railroad tracks in M-2 under the following conditions. 1. They must have a 6- foot chain link fence on the back side of the.berm. The details of this item will be worked out with the City Engineer, 2. That a member of the Fridley Engineering Department staff periodically inspect the construction of this hump-yard and all surrounding activities to keep under surveillance and audit the project to assure the maintainence of the conditions. 3, That the berm be constructed and top cover and fence be installed prior to commencement of rock removal and blasting. 4. The railroad work out traffic patterns for removal of rock, dirt and other refuse towards East River Road �nd away from �"`, the residential area. That they work out with Frid�ey, the County, Columbia Heights and the City of Minneapolis to co�ordinate traffic activities during construction. Planning Commission Meeting December 17, 1969 Page 4 � 5. Railroad should control any dust by watering if necessary. They should keep blasting noise to a minimum so as not to have an adverse effect on the neighborhood. 6. Railroad and contractor should evaluate the structures of buildings in the surrounding areas wi�hin 1000 �a�ds of the construction site, prior to construction so that they can justifiably deny any charges of damage as a result of blasting. 7. Railroad shall place their lighting in the yards and loud speakers for work activities in such a manner that they are directed away from the residential areas to the East. They should also have an adeauate number of speakers and have them placed properly for minimum volume and maximum coverage. 8. Railroad shall use the latest in retarder equipment and update this equipment periodically so tha� �t wi�1 cmnti��e to function in its proper order. 9. Buildings constructed in this area in support of this operation must come before the Building Standards-Design Control Sub-Committee for approval. They must front primarially away from the residential area. �1 Y0. Line of sight - the switching yard must nnt he vicihle fpnm the roof eaves howevex the view bevond must be visible. 11. The slope of the entire embankment shall be sodded with a grass that does not need �o be cut and the aesthetics of the area be included. 12• No open burning on the part of the railroad or any other type of air pollution and that no part of the railroad yard be considered a dumping area where they may pile their re£use. 13. An overpass at 43rd Avenue will be completed from 44th Avenue to East River Road as planned by Northern Pacific Railroad prior to operation of the yard to eliminate traffic problems. Mr. Thompson explained that the sound deadening equipment on the retarders will be resolved before they start construction. Mr. Mittelstadt also said that he feels it is proper that the City Council also stipulate conditions if appropriate for improvement of railroad tracks in the City of Fridley - this is to incl.ude crossings, signals, etc., to eliminate traffic hazards. City Council should encourage the expansion of right-of,way to relieve property owners �� that are on the East. Motion seconded by Myhra. Planning Commission Meeting December 17, 1969 Page 5 � Chairman Erickson said he finds a number of things in favor of this railroad proposal. He does not feel it will effect the value of homes on Main Street principally because of the 50-60 foot separation in grade. The screening provided would reduce the type of noise level for these homes in the area. The proposal will eliminate the presently industrial area betwe�n Main S�reet and the bank, which could result in a detrimental effect to the residents along Main Street if covered by industrial property. The 43rd Avenue overpass crossing would be a benefit to the City. The railroad has not yet demonstrated to the City of Fridley that the sand mining operation will cease and if granted, Silica Sand could continue to spread until it reaches Main Streeta Recommendations that were made in the motion are good bu� until some solution will be proposed, he remains against the motion. Mr. Thompson presented a recent photograph to the Board showing them the proposed yard and how Silica Sand would be affected by the railroad. He also stated that the adjaceni property will not have a megaphone effect. Mr. Mittelstadt felt that the City Council should look into getting other grade separations and other crossings within Fridley. We will see more railroad traffic after this is completed. City Council should consider all these items before they take action. n Northern on the agenda as to whether request. � Pacific!s Attorney stated that they are to be placed fbr the Columbia Heights City Council on Monday or when a public hearing will be held regardin� this Upon a voice vote, Mittelstadt and Myhra voting aye, Erickson and Fitzpatrick voting nay, the motion failed. MOTION by Mittelstadt that these requests be passed onto the City Council and urge that the Council carefully review the minutes of both the Board of Appeals and the Planning Commission. Seconded by Myhra. Upon a voice vote, all voting aye, the motion carried unanimously. 3. CONTINUED PUBLIC HEARING: REZONING REQUEST ZOA #69-12, ROBERT V. PRITCHARD: Sout 2 3 o Lot , Au itor s Su ivision No. 108. MOTION by Mittelstadt that this item be continued at the petitioners request to the next Planning Commission meeting as no one was present representing Mr. Pritchard at this meeting. Seconded by Myhra. Upon a voice vote, all voting aye, the motion carried unanimously. Planning Commission Meeting December 17, 1969 Pa e 6 ��� 4. CONTINUED PUBLIC HEARING, SPECIAL USE PERMIT (SP #69-02), HARLAND P. BERRY FOR DOUBLE BUNGALOW IN R-1 DISTR CT: Lot , Bloc 1, Ostman's 3r A ition. see Boar of Appeals recommendations on Page 14) Mr. Berry was present to present this reques�. MOTION by Mittelstadt to remove this item from table. Seconded by Fitzpatrick. Upon a voice vote, all voting aye, �he motion carried unanimously. Mr. Mittelstadt read from the Board of Appeals minutes, page 13 and the April 19, 1965 City Council minutes regarding the property that Mr. Berry is requesting a Special Use Permit for. He then referred to the new Zoning Ordinance, page 25, regarding the parking requirements for a double bungalow, It was established through discussion that Mr. Berry would be providing adequate parking facilities for this bui.lding. MOTION by Mittelstadt that the Planning Commission recommend approval £or Special Use Permit (SP #69-02) taking into account the recommendations as outlined by the Board of Appeals minutes of December 10, 1969. The Board stated that it be granted when the dedicafion of land is completed - the later being one of the ,,� conditions in granting this Special Use Permit. Also, that the structure variance as agreed to by the Board of Appeals with a set-back requirement of from 35 feet to 20 feet, be changed by the Planning Commission to a set-back requirement of from 35 feet to 23 feet. Seconded by Fitzpatrick. Upon a voice vote, all voting aye, the motion carried unanimously. 5. APARTMENT SURVEY - LAND USE AND TAX SURVEY REPORT: Planning Commission received these two surveys and recommend they be passed onto the City Council. D�rrel Clark stated that the Apartment Survey was complete and the Land Use and Tax Survey Report did not include R-1 distpicts for School District #11, #13, and #16. Mr. Myhra recommended that the information released to the general public be a summary condensed version not showing the legal descriptions and addresses. ,-� r � Planning Commission Meeting December 17, 1969 Page 7 n Mr, Mittelstadt is retiring from the Planning Commission and the Board of Appeals as of December 31, 1969 and would like to thank everyone. He £eels that this has been a valuable experience to him personally. He feels that this,is one of the best experiences he has ever had in his life. He treasures the friend�hips'made on the Commission and has learned to hold each one of th� m��b��s in very high esteem. He stated that these people axe of very high caliber and has enjoyed working with ihem. He also stated that Darrel Clark is one of the finest people in terms of talent and his ability to maintain and answer questions. He states that Darrel Clark is one of the great people working on the payroli of the City of Fridley. Mr. Myhra is also retiring as of December 31st and is in complete agreement with Mr. AZittelstadt. He has enjoyed working with the Commission and has gained much experience from his serving on this Board, ADJOURNMENT: MOTION by Myhra, seconded by Fitzpatrick, that the Planning Commission meeting of December 17, 1969 be adjourned at 9:40 P.M. Upon a voice vote, all voting aye, the motion carried unanimously. � Respectfully submitted, Vic i C amber Acting Secretary ''�1